Posts

Showing posts with the label Professional ethics

Advocates as Officers of the Court: Supreme Court Upholds Judicial Sanctity in N. Eswaranathan v. State

Image
Advocates as Officers of the Court: Supreme Court Upholds Judicial Sanctity in N. Eswaranathan v. State By Abhishek Jat,Advocate Introduction The Supreme Court of India, in  N. Eswaranathan v. State Represented by the Deputy Superintendent of Police , delivered a stern judgment reinforcing the ethical obligations of advocates as officers of the court. The case highlights the judiciary’s intolerance towards professional misconduct, particularly when it obstructs the administration of justice. While Justice Bela M. Trivedi imposed strict penalties, Justice Satish Chandra Sharma advocated a more lenient approach, emphasizing forgiveness. This divergence underscores the delicate balance between accountability and compassion in judicial proceedings. Factual Matrix The petitioner, N. Eswaranathan, was convicted under various provisions of the IPC and the SC/ST (Prevention of Atrocities) Act, 1989, and his appeal was dismissed by the High Court. He initially filed a Special Leav...

Judicial Shield: Kerala High Court's Landmark Defense of Advocate-Client Privilege Against Investigative Overreach

Image
  Judicial Shield: Kerala High Court's Landmark Defense of Advocate-Client Privilege Against Investigative Overreach By Abhishek Jat,Advocate In a precedent-setting ruling that resonates throughout India's legal landscape, the Kerala High Court has delivered a comprehensive judgment safeguarding the constitutional and statutory protections afforded to advocates. The March 27, 2025 decision in W.P.(Crl.) No. 363 OF 2025 addresses a troubling instance where investigative authorities attempted to penetrate the sacred domain of advocate-client communications, raising profound questions about the boundaries of police powers and the independence of the legal profession. The Unprecedented Summons: Factual Matrix The controversy originated when the petitioner, a practicing advocate with over two decades of experience, found himself served with a notice under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023. The notice demanded his appearance before police auth...