From Our Legal Correspondent
Thiruvananthapuram: Trivandrum Bar Association is up in arms against the police move to “question” Senior High Court lawyer B Raman Pillai. The Crime Branch wanted to record the statement of the advocate who has been appearing for film actor Dileep on the alleged attempt to influence the witnesses in the infamous actress sexual assault case. A notice was issued to Advocate Pillai by S. Amminikuttan, Deputy Superintendent-3 of the Crime Branch, Kottayam, for recording the lawyer’s statement. But Pillai reportedly wrote back to the Police that he was not willing to give any statement in a ‘fabricated case.’ Mr.Pillai further stated in his reply to the Police that it was not in the interest of justice and not permissible to include him as a witness in the case under investigation as he was representing the actor in the court. Asking a lawyer, who was defending an accused in the case, to give information and share communication was illegal. The privileged professional commutation between a lawyer and his client was explicitly protected under Section 126 of the Indian Evidence Act, he added.
Trivandrum Bar Association in a strongly worded statement has condemned the police action and pledged its solidarity to Advocate Pillai and Kerala High Court Advocates’ Association protesting against the “illegitimate” action of the Crime Branch. Association secretary Advocate Prijice Fasil in a strongly worded written statement questioned the police for sending a notice under Cr Pc 160 to such a senior lawyer with no “convincing” reason. “The action of the Deputy Superintendent of police is dubious and illegal. The police officer in question has acted contradictory to the Privileged Professional Communication. It is a statutory obligation under Section 126 of the Indian Evidence Act for an advocate to not disclose without the consent of the client.”
In fact, Section 127 of the Evidence Act states that Section 126 applies to Interpreters, Clerks or servants of barristers, Pleaders, Attorneys and Vakils also.
Accusing the crime branch for trying to intimidate the senior lawyer the Advocate Fasil cautioned the police to restrain from creating hurdles for advocates and their profession. “We urge the police to withdraw the notice served illegally to Advocate Raman Pillai. We pledge our total support to Advocate Pillai. Trivandrum Bar Association will be with the Kerala High Court Bar Association for any protest or demonstration to get our rights and legitimacy established. We lawyers will never tolerate or compromise any infringement on our lawful rights and liberty.”
