The Gujarat High Court Advocates Association (GHCAA) has publicly denounced the manner in which a First Information Report (FIR) was filed against an advocate, his spouse, who is also an advocate, and their junior, in a case involving severe allegations of gang-rape and caste-based abuse.
Resolution Expressing Serious Concerns
On August 13, the GHCAA passed a resolution that was unanimously agreed upon. The resolution stated, “The Gujarat High Court Advocates Association expresses its serious concern and strongly condemns the manner in which criminal proceedings/F.I.R. have been initiated against Advocate Shri Hitesh Lalithai Gupta, Advocate Smt. Shubhra Hiteshbhai Gupta and one Junior Advocate.”
The resolution emphasized the need for any legal action against members of the legal profession to be conducted with strict adherence to the law, ensuring fairness, due process, and respect for the dignity and independence of the legal profession. Additionally, the resolution demonstrated solidarity with the advocates facing allegations.
GHCAA’s Stand on Protecting Legal Professionals
The resolution further stated, “The Association shall stand by its members wherever any action appears to have the effect of undermining the independence, dignity or professional rights of the Bar.” The GHCAA authorized its President, Senior Advocate Yatin Oza, along with the Office Bearers, to make representations to relevant authorities and take necessary legal steps to protect the rights of Bar members.
In the initially drafted resolution, there was a clause clarifying that the intention was not to obstruct legal investigations or court processes, nor to express an opinion on the allegations’ merits. However, this clause was omitted from the final resolution.
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Details of the Alleged Case
The case stems from a complaint lodged by a woman in the Chhota Udepur district, who accused advocate Hitesh Lalithai Gupta and his junior of sexual assault. According to reports from the Indian Express, the woman initially sought legal advice from Gupta and his team and was later offered domestic work. She alleged that she was assaulted by Gupta in February at his office and subsequently by his junior at another location in May. Furthermore, she claimed to have faced threats and caste-based insults from the accused.
Community Response and Support
On August 13, a meeting was organized by the GHCAA after more than 200 members expressed concerns about the manner in which the FIR was registered. The consensus was that this issue transcends personal disputes and touches on the broader concern of legal professionals being able to operate without intimidation or harassment. Several District Bar Associations, including those in Baroda, Bodeli, and Ahmedabad, have expressed their support for the accused advocates.
The GHCAA has resolved to oppose any actions that compromise the independence or dignity of the Bar, and its resolution underscores a commitment to protecting the professional rights of advocates.
