Allahabad HC Warns UP Police: Freezing Lawyer's Account for Client's Fee Hinders Justice
The Allahabad High Court has strongly criticised the Uttar Pradesh Police's cyber cell for freezing the bank account of a lawyer on the ground that the fee paid to him by his client might be part of the amount the accused was charged with siphoning off. The court directed the state government to file an affidavit to ensure such actions do not interfere with the 'dispensation of justice in courts'.
The division bench of Justices JJ Munir and Arun Kumar, in its order dated June 25, observed that a lawyer can be paid his fee by anyone, including a person accused of a crime. The court stated, 'An Advocate could be defending an accused who is indeed involved in a big scam or fraud but when fee is remitted by such an accused to his learned Counsel in account, the money cannot be said to be proceeds of crime.'
The bench listed the hearing for July 17 and directed the cyber cell and the State Bank of India branch manager to file counter-affidavits within two weeks. The court's remarks come amid concerns over police overreach in financial matters related to legal professionals.
The case highlights the tension between law enforcement agencies and the independence of the legal profession. The High Court's order underscores that freezing a lawyer's account without concrete evidence of wrongdoing could hamper their ability to represent clients effectively, thereby affecting the justice system.
The Uttar Pradesh government has been asked to respond to the petition, with the court warning that any interference with the payment of legal fees would be viewed seriously. The matter is scheduled for further hearing in July.
