Professional Act--FIR Against Advocate for Filing Appeal and Making Pre-Deposit Under GST Act Not Maintainable as Professional Act Cannot Constitute Conspiracy
An advocate cannot be prosecuted or named as a conspirator in an FIR for acts performed in professional capacity while representing a client. Filing a statutory appeal and making a pre-deposit using the client's Electronic Credit Ledger under the Goods and Services Tax Act, 2017 is a professional act based on a legal position, whether right or wrong, and does not constitute conspiracy with the client. Prosecuting advocates for professional acts violates Articles 14 and 21 of the Constitution and strikes at the foundation of the right to practise under the Advocates Act.
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