'Advocates Not Above Law': Tripura High Court Refuses Action Against Police For Raiding Lawyer-Couple's House To Search For Accused-Client

The Tripura High Court recently refused action against Police for raiding the house of a lawyer-couple in search of an accused being represented by one of them.

The bench of Acting Chief Justice T. Amarnath Goud & Justice T Arindam Lodh observed that search has been conducted following the mandatory provisions of section 47, 165 and 166(1) of CrPC.

While Section 47 of the Act empowers a Police officer authorized to search a place in order to arrest a person, Section 165 specifically empower Police to make such searches without seeking a search warrant, provided he records the emergent reasons that necessitated so.

In this light the High Court found that the Police was empowered to search the petitioners' house.

"No doubt an Advocate has to protect his client and client’s interest is paramount to the Advocate. But at the same time, it cannot be brushed away that the petitioners being Advocates are the responsible citizens and have responsibility to co-operate with the investigation agency. They are not above law. Advocates are part and parcel of justice delivery system," it observed.

The petitioners had contended that the search was conducted without any warrant.

The Court however noted that police had secret information regarding one of the accused persons to be available in the house of the petitioners. The petitioners had first protested and denied the entry of police personnel without search warrant but on being explained the provisions of Section 47/165 and 166 CrPC, the petitioners had allowed Police to enter and conduct the search, it further noted.

The High Court further said that if petitioners were aggrieved by any action of the respondents, they should have approached the learned Magistrate by filing an application under Section 200 CrPC for taking cognizance into the matter However, they did not file any FIR or complaint and straightaway invoked its writ jurisdiction.

Case Title: Sri Bhaskar Deb Vs State of Tripura.

Citation: 2023 LiveLaw (Tri) 7

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