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Tamil Nadu
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Chennai
Court stays summonses issued to three lawyers
Special Correspondent
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The advocates claim they violate Section 126 of the Evidence Act
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CHENNAI:
The Madras High Court has stayed the operation of three summonses issued by a Tiruchi court to three Chennai-based advocates. Keeping them in abeyance, Justice C. Nagappan ordered notices to the Central Crime Branch here and the Principal Sessions Court, Tiruchi.
The order was passed on separate writ petitions filed by S. Doraisamy, V. Elangovan and S. Kumaradevan. The judge, however, said the subordinate court could proceed with the trial.
The matter relates to a complaint given to the CCB by Janata Party leader Subramanian Swamy against one Ravi. The advocates, all counsel for Mr. Ravi, had filed certain affidavits in court. When the investigating agency sought the details, they refused.
While laying the charge sheet, the police arraigned the advocates as witnesses. With the case scheduled to come up for trial, the Tiruchi court issued the summonses.
The advocates challenged the summonses claiming they would violate Section 126 of the Evidence Act, which prohibits advocates from disclosing any communication received from a client.
"The court cannot compel us to disclose any confidential communication sent for legal advice," they said. They could not reveal the details without the consent of the client. "A lawyer is under moral obligation to respect the confidence reposed in him and not to disclose the communication sent to him," they said.
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