Raid at advocate’s residence-cum-office: HC Bar calls off stir as NIA assures no breach of privilege

As per the association, officials of the NIA have assured that there will be no breach of privilege of lawyers, and there will be free and fair investigation. There will also be no action regarding communication between the lawyer and client, the delegation said.

“There is apparently no apprehension of any false involvement of members of the Bar or fraternity at large at the hands of the NIA. The aggrieved member has been briefed about the same and she is fully satisfied and thankful to the Bar for its indulgence. Therefore, in view of the above said development, the work in Punjab and Haryana High Court shall resume from tomorrow which is October 21, 2022,” read a note issued by the PHHCBA.

Who is Advocate Shelly Sharma?

Born in Morinda, Punjab, Advocate Shelly Sharma is a first generation laywer from her family. Her parents are doctors (pediatricians) practicing at Morinda itself. Sharma is a Panjab University law graduate. Later she did her LLM from Kurukshetra University, and further pursued her PhD in law from Panjab University, Chandigarh, in 2011. Shelly enrolled as an Advocate with the Bar Council of Punjab and Haryana has been an advocate practising criminal law for 18 years.

Speaking to the Indian Express about the raid at her residence-cum-office by the NIA, Sharma said, “I have always taken up criminal cases in trial courts and the HC. It is not only Jaggu Bhagwanpuria for whom I appear in courts as a defense counsel, but many others as well, who have been termed gangsters. In 2019, I appeared in the murder case of gangster Sukha Kahlon as defense counsel where the accused were acquitted of murder charges. I am just being professional with my work and there is nothing more into it”.

According to Sharma, the NIA cited that she represents the accused/suspects who are also under the radar of the NIA.

“I don’t know why my house was raided by the NIA and why my phones were seized. The NIA officials said I am the counsel for Bhagwanpuria, and so they decided to raid my house, but that is a vague explanation. There are hundreds of advocates who appear for gangsters in several courts,” added Sharma.

“After a thorough search of my office, home, laptop, and other electronic devices and phones, no incriminating material was found. Hence, in order to justify their act, they confiscated my phones and said that they intend to retrieve information concerning my clients. Such interference to determine the privileged communication between a lawyer and their client is tantamount to obstructing a lawyer from discharging their professional duties, as an officer of the court,” she added.

Meanwhile, Sharma, on Thursday, thanked the Bar for appearing on her behalf before the NIA. The agency has assured that they will return her phones.