Kadri was the filing counsel for former Assistant Solicitor General and Senior Advocate IH Syed who was recently granted anticipatory bail by the Gujarat High Court in an extortion case.
Kadri was issued a summons notice under Section 41A of the Code of Criminal Procedure (CrPC) on he ground that he was harbouring the accused.
Senior Counsel Mihir Joshi and Percy Kavina appeared and argued today before single-judge Justice Samir J Dave in the plea seeking quashing of the Section 41A notice.
Joshi told that the Court that if a lawyer is summoned by the police for performing his duty, it would have a chilling effect.
He said that a notice under Section 41A was completely unsustainable against an advocate representing an accused.
“The court will have to draw a distinction that a lawyer asking an accused to come to his office for the purpose of instructions can be said to be harbouring! Where to draw the line?“
Source: Barandbench
