The Karnataka High Court has raised serious concerns over the rising number of criminal cases against lawyers, observing that litigants are increasingly targeting advocates of the opposite party to intimidate and silence them.
Karnataka High Court on Criminal Cases Against Lawyers
Justice M. Nagaprasanna, while hearing the matter, observed that the Court has encountered numerous instances where advocates are roped into criminal proceedings on the basis of improbable and baseless allegations, solely because they represent an accused party.
The Court cautioned that permitting such practices would have a chilling effect on the legal profession, as advocates would be hesitant to represent accused persons for fear of criminal prosecution.
“The complainants have begun to implicate the advocates for penal consequences only because they represent the accused. The Court has come across umpteen number of cases where there would be no rhyme or reason to drag the advocate into the web of crime,” the Court observed.
Justice Nagaprasanna further warned that if this trend continues unchecked, every advocate defending an accused could potentially be subjected to criminal investigation, thereby undermining the independence of the Bar.
Direction to Police Before Registering FIRs Against Advocates
Recognising the gravity of the issue, the High Court emphasised that police authorities must exercise caution before registering criminal cases against lawyers.
The Court directed that a preliminary or peripheral inquiry should be conducted to assess the nature of allegations made against advocates, particularly in situations where complaints appear to be motivated by personal vendetta or an attempt to settle scores with opposing counsel.
Relief Granted to Advocate Yasmeen Saleha
The observations were made while granting relief to Advocate Yasmeen Saleha, who was implicated in a criminal case by a man allegedly because she represented his wife in a partition suit and a matrimonial dispute.
The Court noted that the allegations against the advocate were purely imaginary and unsupported by any material evidence.
“Except for the fact that the advocate represents the accused, there is absolutely nothing against her,” the Court remarked.
Calling the case an example of a dangerous misuse of criminal law, the High Court proceeded to stay the investigation against Advocate Saleha.
Strong Message Against Misuse of Criminal Process
By staying the investigation and issuing cautionary remarks, the Karnataka High Court sent a strong message against the misuse of criminal proceedings to harass legal professionals. The ruling reinforces the principle that lawyers should be able to discharge their professional duties without fear, intimidation, or retaliatory litigation.
The judgment serves as a reminder that the criminal justice system must not be weaponised to obstruct access to legal representation or interfere with the administration of justice.
Strong Message Against Misuse of Criminal Process
Supreme Court of India – https://www.sci.gov.in
Karnataka High Court:- https://karnatakajudiciary.kar.nic.in
