This is not Emergency to raid anyone at anytime

Gujarat HC slams I-T Dept Officials for raiding a lawyer’s office

Karnavati / Ahmedabad (Gujarat) – The Gujarat High Court strongly criticised Income Tax (I-T) officers for raiding a practising lawyer and allegedly confining him and his family for three days. Issuing notices to these officers, the division bench of justices Bhargav D Karia and Niral Mehta remarked that it was an exercise of “Atrocious power in the guise of search of an advocate. No professional person will be safe in the country if this is allowed to happen. We are not living in 1975-76 where you can do anything you like. This is not a state of Emergency.” The bench was hearing a petition moved by 45-year-old advocate Maulik Sheth, who is a practising lawyer at the High Court. The lawyer has challenged the I-T department’s action as a breach of the constitutional right to privacy as well as a violation of attorney-client privilege.

The High Court further stated –

• Why was no action taken against the concerned officers and employees under the Income Tax Department Act for misusing their rights ?
• The behaviour meted out to the concerned advocates by the Income Tax department by sudden raids is very sad, unfortunate and painful.
• A lawyer’s office may have important documents of his clients. How can Income Tax officials get hold of those documents ? Are Income Tax Officers Police Officers ? How can they seize the documents from the office of the authorities ? They cannot impact the advocate’s properties. Whatever advocates are doing, they are doing it within their jurisdiction.
• Advocates have no objection to the action taken by the Income Tax Department, but the way this action was taken is very wrong. We will release you only if you return the seized documents and publicly apologise for what you have done. Your actions will never be allowed. We cannot be the part of your action.