Police summons lawyer of accused; Gujarat High Court Advocates’ Association passes resolution in solidarity

The Gujarat High Court Advocates’ Association (GHCAA) passed a unanimous resolution on Thursday expressing solidarity with advocate Anik Kadri, who has been summoned by the police after he filed Senior Advocate IH Syed’s anticipatory bail application..The resolution took a strong view against the action of the police stating that if an advocate is summoned for filing cases to secure their clients’ liberty, no advocate would be safe.“As an Association of advocates, it is our duty to question and challenge the abuse of police power and to safeguard the rights, privileges and interest of advocates,” the resolution said. .Therefore, it was stated that the GHCAA would intervene in any case filed by Advocate Kadri, and would also file a Public Interest Litigation (PIL) petition seeking guidelines regarding the arrest and summoning of an advocate..It was also stated that the GHCAA would push for the Advocates Protection Bill to be passed, and would make a representation to the Advocate General to prevent the harassment of advocates by police..Pertinently, it was resolved that should advocate Kadri be compelled to appear in pursuance of the summons, more than three hundred advocates of the GHCAA would go to the police station with him to stand in protest against police excesses and abuse of police power.Kadri has also filed a petition seeking quashing of the notice issued under Section 41A of the Code of Criminal Procedure (CrPC) summoning him. The Court will hear the plea tomorrow. Speaking to Bar & Bench, Senior Counsel Yatin Oza said that such summons could set a dangerous precedent. "Tomorrow if I appear for a murder accused for anticipatory bail, they could summon me," he said. .Kadri was the filing counsel for former Assistant Solicitor General and Senior Advocate IH Syed who was recently granted anticipatory bail by the Gujarat High Court in an extortion case. The Court had opined that the case seemed to have been instituted with the aim to injure or humiliate Syed particularly since he was a soft target.Syed had moved the application apprehending arrest for the offences of offences of extortion, criminal conspiracy, unlawful assembly, rioting, voluntarily causing hurt, intentional insult, criminal intimidation and wrongful confinement.The order came shortly after the Additional Sessions Court had denied anticipatory bail to Syed in the matter on May 30, and a coordinate bench of the High Court refused to quash the complaint on June 2.

Police summons lawyer of accused; Gujarat High Court Advocates’ Association passes resolution in solidarity

Shagun Suryam

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