NCLT Bar Association Condemns ED Search at Advocate’s Residence, Calls It an Affront to Legal Dignity
The search, reportedly linked to a probe into an allegedly undervalued land sale, has sparked concerns over the independence of advocates and the sanctity of professional rights.
TheNational Company Law Tribunal Bar Association (NCLTBA) passed a resolution denouncing the Enforcement Directorate’s search of the residence of Advocate Harshal Kumar, a member of the Bar. The Association stated that the search was carried out without adherence to the procedural safeguards mandated under law and reiterated by the Supreme Court of India. The resolution, signed...
TheNational Company Law Tribunal Bar Association (NCLTBA) passed a resolution denouncing the Enforcement Directorate’s search of the residence of Advocate Harshal Kumar, a member of the Bar. The Association stated that the search was carried out without adherence to the procedural safeguards mandated under law and reiterated by the Supreme Court of India.
The resolution, signed by NCLTBA President Dr U.K. Chaudhary, Senior Advocate, noted that such actions amount to an affront to the dignity of the legal profession. It was further noted that advocates, as officers of the court, play a vital role in the administration of justice, and any attempt to undermine their independence poses a grave threat to the rule of law.
The Association urged its members to remain united in defence of professional dignity and expressed hope that those responsible for the act would be held accountable.
According to reports, the ED’s search was part of an investigation into an allegedly undervalued land transaction. The agency suspects that the sale of certain property was deliberately undervalued to evade statutory obligations, prompting searches at multiple locations, including the residence of Advocate Harshal Kumar.
While the ED has justified its actions as part of a broader probe into financial irregularities, the Bar Association has raised serious concerns about the manner in which the search was conducted, particularly the lack of compliance with judicially mandated safeguards.
The NCLTBA’s resolution reflects wider anxieties within the legal community about investigative overreach and its impact on professional independence. The Association underscored that advocates must be able to discharge their duties without fear of harassment or intimidation.
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This condemnation also highlights the delicate balance between investigative agencies’ powers and the rights of individuals, especially professionals bound by ethical obligations. While the ED has a statutory mandate to investigate financial crimes, its actions must remain within the framework of constitutional protections and judicial pronouncements.
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