Introduction

In a significant ruling, the Madras High Court has reiterated that the Enforcement Directorate (ED) cannot act as a ‘super cop’ with no limitation on powers to investigate any and every criminal activity without adhering to statutory limits reiterating the fundamental need to ensure that the agency does not expand its mandate beyond what Parliament has envisaged. Recently, the Enforcement Directorate (ED) has emerged as one of the most powerful investigative agencies in India’s legal landscape. Tasked primarily with enforcing laws related to money laundering and foreign exchange violations, the ED was envisaged as a specialised agency with a clear, limited mandate under the Prevention of Money Laundering Act, 2002 (PMLA) and the Foreign Exchange Management Act, 1999 (FEMA). However, there is growing concern that the agency has increasingly overstepped its statutory boundaries, launched investigations and taken coercive actions even in cases where there is no legally recognised predicate offence or where the alleged wrongdoing falls squarely within the domain of other statutory authorities. Such overreach not only violates the well-established principle that an investigative body must act strictly within the four corners of its enabling statute, but also creates unnecessary legal harassment, overlapping proceedings, and chilling effects on legitimate business activities.

Background

The matter was initially heard by a Division Bench of the Madras High Court. After hearing the contention of both the parties, the Court came to

the following conclusion – “in the absence of there being any predicate offence under the Customs Act, 1962, for the present, and the fact that the alleged offence under the FEMA, 1999, is not a predicate offence under the PML Act, 2002, it follows that there cannot be any offence of money-laundering under Section 3 of the PML Act, 2002 qua these offences. Consequently, a writ of mandamus is issued restraining the Enforcement Directorate from exercising its powers under the PML Act,2002, qua the investigation of alleged money-laundering in respect of these offences alone. We make it abundantly clear that we have not interdicted the investigation pertaining to the allegations of money-laundering qua the predicate offences forming the subject matter of FIR No. RC 219 2014E 0018 which is being by investigated the CBI.” Aggrieved by the High Court’s decision, the ED filed a Special Leave Petition (SLP) before the Supreme Court. While the appeal was pending, the CBI filed a supplementary final report. This supplementary report concluded that there was sufficient incriminating material to justify prosecution under Sections 120-B read with 420 and 471 of the Indian Penal Code (IPC) and under Section 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act, 1988. Following the filing of this final report, the ED withdrew its SLP before the Supreme Court.

Subsequently, the ED conducted fresh searches between 31 January 2025 and 1 February 2025 at the premises of the Directors and holding companies associated with RKMP. On 31 January 2025 itself, the ED issued a freezing order under Section 17(1A) of the PMLA, freezing fixed deposits amounting to ₹901 crore. The present writ petition challenges the said order.

Submission of Petitioner and Respondent One of the principal arguments advanced by the petitioner’s counsel was that the concept of “round tripping”, which formed the basis for the ED’s investigation, could not be a valid ground for action under the PMLA. The petitioner argued that the CBI, in its final report, had already indicated that this aspect should be examined under FEMA which is not a scheduled offence under the PMLA and therefore could not give rise to a money-

laundering offence. In response, Mr. AR.L. Sundaresan, learned Additional Solicitor General of India appearing for the ED, submitted that the power to pass a freezing order under Section 17(1A) of the PMLA is intrinsically linked to Section 17(1). According to him, if there are “proceeds of crime”, the authority is empowered to freeze or attach assets even in the absence of an established predicate offence at that stage. Essential to show link between the alleged offence and the actCiting the stance of the supreme court in the case of Vijay Madanlal Choudhary, the bench held that the condition precedent for an enquiry by the ED is the existence of a predicate offence. The predicate offence, which led the CBI to file a final report, is the coal allocation scam case. The alleged offence of “round tripping” of funds, diversion of public loans and misuse of share premiums are not relatable to coal allocation scam.

Emphasising the statutory scheme under the Prevention of Money Laundering Act (PMLA), the Court observed, “The ED is not a loitering munition or drone to attack at will on any criminal activity.” The observations came while quashing an order by the ED that froze fixed deposits worth ₹901 crore belonging to RKM Powergen (RKMP) under Section 17(1A) of the PMLA. The court said that plea of ED that the aforesaid three aspects have led it to withdraw the SLP and continue with its investigation. Even assuming that they are true, for the purpose of ED to investigate into these aspects, there should have been a complaint at the instance of the Power Finance Corporation and other financial institutions, who had lent monies to RKMP, for ED to swing into action. Court’s Decision The Court stressed the principle that when a statute prescribes a specific procedure, the same must be strictly followed. “Unless and until proceeds of crime linked to the predicate offence are shown, the ED by virtue of a combined reading of Sections 2(1)(u), 2(1)(p), 3 read with Section 17, lacks the jurisdiction to proceed further,” the Court ruled, setting aside the freezing order. The Court made it clear that the ED cannot derive jurisdiction merely because another agency, like the CBI, has filed a final report. Unless the alleged acts are linked to the predicate offence and proceeds of crime are established, the ED has no power to proceed under the PMLA.

Case Name – RKM Powergen Private Limited v ED & Or

Written By : Aryan Shrivastav LC 1, Delhi University

all rights reserved (Vaibhav Tomar adv)

Navigating Deed Challenges: Cancellation vs. Declaration Explained

When challenging a deed of transfer in court, precision in your legal approach is critical. A key decision every litigant faces is whether to seek cancellation of the deed or a declaration that it’s invalid, non-binding, or illegal. The choice hinges on one fundamental question: Are you the person who signed the deed (executant), or someone who didn’t (non-executant)?

This distinction shapes your legal strategy, determines court fees, and defines the relief you can seek. Drawing from key judicial pronouncements, including landmark Supreme Court rulings, this guide breaks down the differences, legal requirements, and practical implications to help you navigate these challenges effectively.

Understanding the Core Distinction: Executant vs. Non-Executant

The Supreme Court in the landmark case of Suhrid Singh @ Sardool Singh vs. Randhir Singh & Ors (2010) established a clear rule:- Executant: If you signed the deed, you must seek cancellation to annul it.

– Non-Executant: If you didn’t sign the deed, you can seek a declaration that it’s invalid, non-binding, or legally non-existent. While both remedies aim to nullify a deed’s effect, they differ significantly in legal process, court fees, and outcomes

Path 1: Cancellation for Executants (Section 31, Specific Relief Act, 1963) If you’re the person who executed (signed) the deed and now want to challenge it, your remedy is a suit for cancellation under Section 31 of the Specific Relief Act, 1963.

Why Cancellation?

1. Direct Involvement: As an executant, you’re a party to the deed, so you must formally cancel it to undo its legal effect as held in para 3 of the case of (Chellakannu, Son of Pichamuthu vs. Unknown (2005)).

2. Court Fees: You’ll typically pay an ad valorem court fee based on the deed’s stated consideration as held in the lanndmark case of (Suhrid Singh @ Sardool Singh vs. Randhir Singh & Ors (2010)

For example, in the case of Chellakannu, Son of Pichamuthu vs. Unknown (2005), the court required the plaintiff to pay fees under Tamil Nadu’s cancellation suit provisions (Section 40 of the Tamil Nadu Court Fees and Suits Valuation Act), even when the prayer was phrased as a declaration (paras 6, 7, 8, 16).

3. Nature of Action: Cancellation is an in personam action, binding only the parties involved, not the world at large as held in the case of (Deccan Paper Mills Co. Ltd. vs. Regency Mahavir Properties (2020), para 75).

When Can Cancellation Be Granted?

Courts grant cancellation under Section 31 if three conditions are met:
1. The deed is void or voidable against you.

2. There’s a reasonable apprehension of serious injury if the deed remains valid.

3. The court deems cancellation a proper form of preventive justice as held in the case of (Hussain Ahmed Choudhury vs. Habibur Rahman (Dead) Through Lrs (2025), paras 120, 122 and Deccan Paper Mills Co. Ltd. vs. Regency Mahavir Properties (2020), para 68).

Cancellation typically applies to deeds affecting your title, not those executed by unrelated parties as held in the case of (Deccan Paper Mills Co. Ltd. vs. Regency Mahavir Properties (2020), paras 69, 74; Hussain Ahmed Choudhury vs. Habibur Rahman (Dead) Through Lrs (2025), paras 120, 123).

Key Considerations

– Registrar’s Role: A registered deed cannot be unilaterally cancelled by the Registrar without a civil court’s declaration of fraud as held in the case of Vinod Shankar Jha @ Binod Shankar Jha vs. Unknown (2024), paras 249, 251). The Registrar’s authority under the Registration Act is limited to scrutiny before registration, not post-registration annulment (paras 229, 230).
– In Personam Nature: Cancellation doesn’t alter the deed’s status for non-parties as held in the case of Deccan Paper Mills Co. Ltd. vs. Regency Mahavir Properties (2020), paras 76-80).

Path 2: Declaration for Non-Executants (Section 34, Specific Relief Act, 1963)

If you didn’t sign the deed, you’re not obligated to seek its cancellation. Instead, you can pursue a declaration under Section 34 of the Specific Relief Act, 1963, to assert that the deed is invalid or non-binding on you.

Why Declaration?

1. No Direct Involvement: A deed executed by others doesn’t inherently affect your title, so you can treat it as legally non-existent (Hussain Ahmed Choudhury vs. Habibur Rahman (Dead) Through Lrs (2025), para 134).

2. Court Fees:
– If you’re in possession of the property, you may pay a fixed court fee for a declaration (Suhrid Singh @ Sardool Singh vs. Randhir Singh & Ors (2010), para 89).
– If you’re not in possession and seek possession as a consequential relief, an ad valorem fee applies under Section 7(iv)(c) of the Court-Fees Act, 1870 (Suhrid Singh @ Sardool Singh vs. Randhir Singh & Ors (2010), paras 89, 177).

3. Flexibility: Section 31’s use of “may” indicates cancellation isn’t mandatory for non-executants (Sk. Golam Lalchand vs. Nandu Lal Shaw @ Nand Lal Keshri @ Nandu (2024), para 163).

Legal Precedents

– Treating Deeds as Non-Existent: In Unni vs. Kunchi Amma (1890), cited in Hussain Ahmed Choudhury vs. Habibur Rahman (Dead) Through Lrs (2025) (para 134), courts held that non-executants can ignore a deed and sue for their rights as if it doesn’t exist.

– Prima Facie Void Deeds: In Bijoy Gopal Mukerji vs. Krishna Mahishi Debi (1907), cited in Hussain Ahmed Choudhury vs. Habibur Rahman (Dead) Through Lrs (2025) (paras 136, 137), the Privy Council noted that non-executants can treat voidable deeds as nullities without court intervention.

– No Need for Cancellation: In Vellayya Konar (Died) & Anr. vs. Ramaswami Konar & Anr. (1939), cited in Hussain Ahmed Choudhury vs. Habibur Rahman (Dead) Through Lrs (2025) (para 138), the court clarified that non-executants facing a deed between third parties need only seek a declaration that it’s invalid as to them, not full cancellation.

– Title Declaration: A declaration of title can be as effective as cancellation (Hussain Ahmed Choudhury vs. Habibur Rahman (Dead) Through Lrs (2025), para 141). The Supreme Court overturned a High Court’s dismissal of a non-executant’s suit for failing to seek cancellation when a valid Gift Deed supported their title (paras 105, 141, 148).

Section 34 and Further Relief

Under Section 34, you can seek a declaration of your legal rights or property title. If further relief (e.g., possession) is necessary, you must request it to make the declaration effective (Hussain Ahmed Choudhury vs. Habibur Rahman (Dead) Through Lrs (2025), paras 129-132). Like cancellation, declaratory suits are in personam(Deccan Paper Mills Co. Ltd. vs. Regency Mahavir Properties (2020), paras 87, 88).

Practical Implications: Choosing the Right Path

The distinction between cancellation and declaration isn’t just academic, it has real-world consequences:

1. For Executants (Cancellation):
– File under Section 31 for deeds you signed.
– Pay ad valorem court fees based on the deed’s value.
– Prove the deed is void/voidable and poses a serious threat.
– Outcome is in personam, binding only involved parties.

2. For Non-Executants (Declaration):
– File under Section 34 for deeds you didn’t sign.
– Pay fixed fees (if in possession) or ad valorem fees (if seeking possession).
– Treat the deed as non-existent or seek a declaration of title.
– Outcome is in personam, protecting your rights without cancelling the deed entirely.

Conclusion
Challenging a deed of transfer requires careful consideration of your role as an executant or non-executant. By understanding the legal nuances of cancellation (Section 31) versus declaration (Section 34), you can craft a precise and cost-effective legal strategy. Backed by clear judicial guidance from India’s apex courts, this distinction empowers litigants to navigate deed challenges with confidence.

Written By: Ranvir Singh  Law Student VIPS 

all rights reserved (adv Vaibhav Tomar)

Delhi High Court orders blocking of AI-generated porn of social media influencer

The social media influencer approached the High Court stating that videos and photos uploaded online depicted her in an obscene and malicious manner

Delhi High Court directs porn sites and social media platforms to remove obscene AI-generated images of a woman influencer. Justice says the content is “deplorable” and violates her fundamental rights.

Introduction

The Delhi High Court on Friday ordered social media platforms and porn websites to take down the deepfakes and AI-generated pornographic pictures and videos of a social media influencer. Justice Purushaindra Kumar Kaurav passed an interim order, noting that the content uploaded is “completely appalling, deplorable, defamatory, and is a patent breach of the fundamental rights of the plaintiff”.

*About the case and statement of the case

The influencer had gone to the Delhi High Court for help, saying that some people had uploaded edited and fake photos and videos of her on social media and porn sites. These fake images made it look like she was involved in inappropriate activities, which was false and hurtful to her dignity. She told the court that this fake content was not just a personal attack but also broke her fundamental rights like the right to privacy, reputation and dignity. Her lawyer said it was also a civil wrong, meaning that it could lead to legal punishment under civil laws. After hearing the complaint, the judge agreed and gave support to her claims. The judge passed an order to stop further spreading of these images and videos.

  Context & Content of the Court Order

Plaintiff’s Standpoint: A well-known influencer filed a suit after obscene, AI-altered images and videos went viral on social media and pornographic sites. She argued that the malicious production and circulation of these deepfakes violated her fundamental rights and amounted to a grave civil tort

• Court’s Interim Injunction: The High Court imposed a takedown order not only on social media platforms but on adult websites as well. It extended the right to the influencer to report any new URLs of such content, mandating immediate removal upon notification .
• Privacy Protection for Plaintiff: The court also ordered masking of the influencer’s identity in legal records, directing the court registry to expunge her name from public documents

 Legal Significance

This decision follows a growing recognition in Indian law that AI‑driven deepfake pornography demands special attention. Under the Information Technology Act 2000, various provisions already criminalize:

• Cheating via personation (66D)
• Privacy violations (66E)
• Transmission of obscene content (67/67A)
• Government ability to block harmful content

However, until now, courts have not proactively wielded these at scale against AI-generated deepfakes. This High Court order marks a transformative shift: it proactively protects victims, authorizes dynamic monitoring, and treats deepfake creation as a serious breach of dignity and privacy.

Implications for Influencers and Content Creators

1. Right to Demand Takedowns: You now have legal recourse to seek interim takedowns of non-consensual deepfakes.
2. Dynamic URL Reporting: You can report fresh URLs for removal—platforms must act swiftly.
3. Anonymity Safeguarded: Courts can withhold your identity from public documents, protecting you from further harm.
4. New Legal Precedent: This sets a template for future deepfake defense and contributes to evolving legal standards under the IT Act and Indian jurisprudence.

📜 Judgment Summary

1. Interim Injunction Granted
   Justice Purushaindra Kumar Kaurav granted a temporary injunction, ordering all defendants—including social media platforms and pornographic websites—to immediately remove the AI‑generated obscene content depicting the influencer. The Court acknowledged this content as “completely appalling, deplorable, defamatory,” and a direct violation of her fundamental rights to privacy, dignity, and reputation
2. Dynamic Takedown Mechanism
   The Court authorized the plaintiff to report any new URLs containing identical or similar offending materials. Once notified, platforms must take swift and decisive down‑action
3. Disclosure of Perpetrator Identity
   Specific directions were issued to Meta (Facebook) and X Corp (Twitter) to disclose the identities and handles of the accounts responsible for posting the defamatory content, facilitating traceability and accountability
4. Protection of the Plaintiff’s Identity
   To uphold confidentiality and her safety, the Court mandated that the registry remove her name and details from all public records, and amend the cause title accordingly.

To read the Judgment kindly click here : Law Literates DHC JUDGMENT PORN

Written By -ADITYA KUMAR SINGH GGSIPU BBALLB

All Rights Reserved ( Adv Vaibhav Tomar)

🏛️ DELHI HIGH COURT

Acquittal of accused in case under Sections 366 and 376 IPC due to prosecution’s failure to prove age of prosecutrix conclusively and material inconsistencies in her statements

Sections 366 and 376 IPC Allegation of abduction and rape – Prosecutrix’s age crucial for determining minority – Trial court relied on unproved photocopy of birth certificate – Ossification test indicated age between 18 to 19 years, creating doubt regarding minority of prosecutrix – Court held reliance on unproved birth certificate amounts to error in law. [Paras 8 to 9, 15]

RELEVANT PARAS :

8. In the present case, having gone through the records of the case, this Court is of the opinion that the learned Trial Court has failed to render a categorical finding regarding the age of the prosecutrix, which was a material aspect in the present case. It is noted that only a photocopy of the birth certificate was placed on record, which neither stood proved in accordance with law nor could be relied upon as admissible evidence to establish the age of the prosecutrix conclusively. On the other hand, the ossification test report, which forms part of the judicial record, has categorically opined that the prosecutrix was between 18 to 19 years of age at the relevant time.

9. In such circumstances, this Court is of the opinion that it was incumbent upon the learned Trial Court to have recorded a clear and reasoned finding regarding the age of the prosecutrix, particularly when dealing with offences under Sections 366 and 376 of the IPC, where the minority of the prosecutrix is a material consideration. Though the learned Trial Court proceeded to observe that even if the age of the prosecutrix is taken as between 18 to 19 years, the same would be immaterial, this Court finds such reasoning to be unsustainable in law. The age of the prosecutrix, especially in cases alleging inducement or abduction, is a relevant and determinative factor. In the absence of any other reliable documentary proof of age, the ossification test report constitutes the best available evidence before the learned Trial Court, and due weight ought to have been accorded to the same while adjudicating the present matter.

15. Having considered the overall facts and circumstances of the present case, this Court is of the opinion that the learned Trial Court erred in placing reliance upon the birth certificate of the prosecutrix, which was neither produced by the Investigating Agency during the course of investigation, nor seized in accordance with law, nor proved through any admissible evidence. The record is conspicuously silent as to how the said document came to be placed on record, particularly when it was neither filed by the parents of the prosecutrix nor produced by the prosecution through any witness. The birth certificate relied upon by the learned Trial Court was admittedly a mere photocopy, unaccompanied by any seizure memo or supporting testimony establishing its authenticity. In such circumstances, reliance on an unproved document to determine the age of the prosecutrix amounts to an error in law.

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JUDGMENT DELHI HIGH COURT THE LAW LITERATES

ALL RIGHTS RESERVED (ADV VAIBHAV TOMAR)

🏛️ SUPREME COURT OF INDIA

Section 138 of the NI ACT Act is maintainable, even in the absence of a partnership firm being named as an accused. It also stated that if the partners of the partnership firm are proceeded against, they are jointly and severally liable, along with the partnership firm, as well as inter se, the partners of the firm Court allowed an appeal filed by Dhanasingh Prabhu against the Madras High Court’s judgment of February 26, 2024, which quashed a complaint filed against respondents Chandrasekar and another under Section 138 of the NI Act with regard to dishonour of a cheque issued to repay a debt of Rs 21 lakh

9.1 Section 138 of the Act creates an offence for dishonour of a cheque for, inter alia, insufficiency of funds in the account by a deeming fiction. The complainant who is a victim of the dishonour of cheque issued by an accused has the right to file a private complaint in terms of Section 200 of the CrPC, (equivalent to Section 223 of the Bharatiya Nagarik  Suraksha Sanhita, 2023 (for short, “BNSS”)). When the said  offence is proved against an individual/natural person, he is punished with imprisonment for a term which may be extended to two years or with fine which may extend to twice the amount of the cheque. But when such an offence is  committed by a company, which is an artificial juristic entity,
Section 141 of the Act applies. The said Section states that if the person committing an offence under Section 138 of the Act is a company, every person who at the time the offence was committed was in charge of, and was responsible to, the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly. Since an artificial juristic entity such as a company cannot be punished with imprisonment, by a deeming fiction certain persons associated with such an artificial juristic entity are deemed to be guilty of the offence and made liable to be proceeded against and punished
accordingly. This is an instance of vicarious liability on every person who, at the time the offence was committed, was in charge of, and was responsible to the company for the conduct of the business of the company. This is for the reason that a company is a separate entity vis-à-vis its shareholders or those who are in charge of the conduct of its business since a company is an artificial juristic entity. Thus, the liability would be on the company as well as on the category of persons mentioned above. Such a person must be both in charge of, as well as responsible to, the company for the conduct of the business of the company. However, the aforesaid category of person who is deemed to be guilty of the offence along with the company, can escape punishment (i) if he can prove that the offence was committed without his knowledge; or (ii) that he had exercised all due diligence to prevent the commission of such an offence. Hence, by way of a proviso to sub-section (1) to Section 141 of the Act, two defences are provided for the category of persons named in sub-section (1) of Section 141.

Consequently, the impugned order of the High Court is set aside. The complaint bearing STC No.1106/2022 is restored on the file of the Court of the learned Judicial Magistrate No. II, Pollachi. The trial court is directed to dispose of the complaint in accordance with law.

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Partners Can Be Prosecuted Under Section 138 NI Act Without Naming the Firm, Says Supreme Court – The Law Literates – Judgment

In the latest development in the field of law, the High court of Allahabad remarked on the rising professional misconduct on the part of lawyers as many lawyers do not show up for their listed cases in the court. The remarks came from the court while hearing the criminal bail application in the matter of Smt. Pooja Vs State of U.P. where the Counsel for Applicant: – Anil Kumar Shukla and Counsel for Opposite Party: – G.A.,Sunil Kumar Upadhyay, where no one was present on behalf of the applicant to press the bail application even in the revised list. Court’s Observation on Advocates’ Non-Appearance “It is observed by this Court that advocates are not appearing in majority of listed cases that too on multiple dates. Non-appearance of the counsel for the applicant amounts to professional misconduct. It also tantamount to bench hunting or forum shopping.” Bench of Justice Krishan Pahal made the remarks while hearing the proceeding.

The court cited the stance taken in judgement of the Supreme Court in Ishwarlal Mali Rathod v. Gopal, (2021) 12 SCC 612, where it was categorically held that courts shall not grant the adjournments in routine manner and mechanically and shall not be a party to cause for delay in dispensing the justice.

Need for Timely Action and Accountability
The bench also highlighted that the courts have to be diligent and take timely action against all those at default including advocates, parties to the proceeding who are important for the disputed matter, in order to usher in efficient justice dispensation system and maintain faith in rule of law. Justice Arun Kumar Singh Deshwal underlined that it is the professional obligation of advocates to be present in court whenever their matters are scheduled for hearing. Failure to appear not only prejudices the interests of the clients but also results in unnecessary waste of the court’s valuable time and obstructs the smooth delivery of justice. The Court observed that such absence on the part of lawyers amounts to a breach of professional standards and ethical duties and according to the Bar Council of India Rules, it is mandatory for advocates to attend court proceedings when required, repeated non-appearance may be treated as professional misconduct warranting disciplinary proceedings.
Outcome of the Case

In view of the aforesaid facts and circumstances the Court declined to entertain the bail application. The application was accordingly rejected.

Conclusion – Curbing Misuse of Judicial Time The resources available to the Court, especially valuable judicial time, are limited and already under immense strain. Time that should be devoted to resolving serious and genuine disputes gets consumed by frivolous, baseless cases that
misuse the legal process. Given that the judicial system does not have unlimited capacity to deliver timely justice to those with legitimate claims, Courts while hearing this case have rightly emphasized that such unwarranted misuse of judicial time must be checked. Parties who indulge in wasting the Court’s scarce resources should be made to compensate not only the opposing party but also the justice system itself.
Case Name –Smt. Pooja vs. State of U.P 2025
Other Relevant Judgement
Ashwani Kumar Srivastava v. D. Sen Gupta (2008)
In this case the division bench clearly emphasized that advocates, as officers of the Court, have a duty not only towards the Court but also towards their clients. They are expected to ensure that cases are pursued and decided without unnecessary delays so that justice is delivered promptly. The Court highlighted that judicial time is extremely valuable because it belongs to the public. It must be used wisely for hearing matters that genuinely deserve the Court’s attention and should be decided at the earliest possible opportunity. Justice must reach those who truly need it without undue delay. Unfortunately, when the Court’s time is taken up by frivolous and baseless cases, it reduces the time available for genuine disputes. This misuse of judicial resources denies real litigants the timely relief they deserve. The Court called upon members of the Bar to act responsibly and discourage unnecessary and bogus litigation. Lawyers should advise their clients not to file
cases that lack merit and should refuse to participate in such matters. By doing so, the burden on the courts will reduce, allowing deserving litigants to receive justice faster. This will strengthen the institution and help the judiciary fulfil its constitutional responsibility to deliver justice where it is genuinely needed.
Harish Uppal vs Union of India & Anr
In Harish Uppal, the Supreme Court held that lawyers do not have the right to go on strike or give a call for boycott. The Court declared that such actions amount to professional misconduct, as they disrupt the administration of justice and deny clients their right to be represented.
The Bench remarked that every Court has a solemn duty to proceed with the judicial business during Court hours and the Court is not obliged to adjourn a case because of a strike call. The Court is under an obligation to hear and decide cases brought before it and it cannot shirk that obligation on the ground that the advocates are on strike. If the counsel or/and the party does not appear, the necessary consequences contemplated in law should follow.

Written By : Aryan Srivastava, LC1, Faculty of Law, DU

all rights reserved (Adv Vaibhav Tomar)

At the outset

The recent conflict between lawyers and police officers within the court premises of Kerala has sparked a crucial judicial discourse on preserving the dignity of legal institutions and the rights of individuals. What began as a violent altercation in the Alappuzha District Court complex has evolved into a significant legal matter, prompting Suo moto intervention by the Kerala High Court. As the judiciary seeks to establish protocols to prevent such incidents in the future, this case underscores the urgent need to safeguard constitutional rights and maintain harmony between two essential pillars of justice, the Bar and the Police.

Background

In an unprecedented turn of events over the period of months many things happened after conflict took place between the lawyers and the police which occurred inside the Alappuzha District Court complex where an Advocate, Gopakumar Pandavath, was reportedly attacked by police officers within the premises of the Ramankary Magistrate Court in Alappuzha on September 9, allegedly in retaliation to an altercation that began outside. The act of violence by the police authorities brought widespread condemnation from the Kerala High Court Advocates’ Association (KHCAA) demanding judicial intervention and asking strict actions against the police involved in
the act of violence.

After the incident the Kerala High Court took Suo moto cognizance of the matter, framing it not as a mere disciplinary concern but as a threat to the sanctity of legal institutions. “The courtroom must never be a battleground,” the Court noted in its preliminary remarks.

Committee for Reconciliation

Over the weeks of hearing, the matter again came to limelight on 9 June 2025 when the Kerala High Court constituted committee to suggest guidelines to improve the relationship between lawyer and police amid the ongoing tussle. The committee comprised of Kerala Advocate General K Gopalakrishna Kurup, Director General of Prosecution TA Shaji, Senior Advocates Santhosh Mathew and S Sreekumar and KHCAA President Yeshwanth Shenoy.

Oral Remarks by the Division bench – caution against mechanical arrests Fast forward to 2 July, the Kerala High court while hearing the matter, Division Bench of Dr. Justice A. K. Jayasankaran Nambiar and Justice P. M. Manoj made oral remarks
to committee members urging the committee that there should be general guidelines regarding the protocols to be followed in the situations when the conflict, such as in this case where two police officer assaulted a lawyer, occurs inside the court premise.
The court also remarked that the sanctity of the court must be kept with the utmost dignity and respect. The court further stated that the guidelines should not only address situations where a lawyer is the accused, but it should also involve the situation when any accused
person engages in an altercation in the presence of a lawyer. In such cases, police should listen and consider to what the lawyer of the accused has to say for the incident. Emphasizing the importance of dignity in policing the court cautioned against mechanical arrests. The Court observed that neither law enforcement officers nor lawyers are above constitutional norms, and what is needed is not assertion of power but assertion of principles.

Conclusion
The oral remarks made by the Division bench of Kerala High court highlights the importance of Article 14, Article 20, Article 21, Article 22 and necessity to protect and respect the Right of Personal life and liberty of Every individual including the lawyers. Through its ongoing Suo motu proceedings, the Kerala High Court is doing far more than responding to a single episode of violence, it is reshaping the way institutions relate to each other within the justice system. This initiative reflects a proactive model of judicial leadership that moves beyond resolving disputes to nurture institutional harmony and respect for individual dignity. As the proceedings unfold, the Court’s July 2 observations offer a powerful reminder that the practice of law is not just about enforcing rules but it is about nurturing relationships. And the relationship between lawyers and police must be grounded in mutual respect, responsibility, and a common commitment to justice.

All rights reserved. 

Vaibhav Tomar (Adv)

Megha Verma (Adv)