Two advocates, Sandipkumar M Patel and Viral J Vyas, have approached the Supreme Court, challenging an order by the Gujarat High Court to initiate an investigation against them on suspicions of forging a vakalatnama (lawyers’ memorandum of appearance).
The lawyers argue that the High Court acted prematurely and accepted such allegations without requesting a report for verification. They contend that the High Court order disregarded their fundamental right to practice their profession under Article 19 of the Constitution, as well as their rights to reputation and dignity under Article 21.
The order in question was issued by Justice Hasmukh D Sathar of the Gujarat High Court. On April 8, while hearing a case related to the release of a vehicle seized under the Gujarat Prohibition Act, Justice Sathar directed that a complaint be lodged against the two advocates.
The litigant in the case claimed that he had never hired the two lawyers. Following this, the High Court ordered a probe into the matter, to be conducted by an officer not below the rank of the court’s Deputy Registrar.
The two lawyers have now challenged this directive and have petitioned the Supreme Court to stay the High Court order as interim relief. The case will be heard by a bench of Justices BR Gavai and Sandeep Mehta in the Supreme Court on April 15.
The appeal has been filed through advocate Khushboo Aakash Sheth, with Senior Counsel Yatin Oza set to represent the two lawyers.
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