SC stays Delhi HC order on search of advocate’s office

The Supreme Court on Monday stayed the Delhi High Court order that upheld the GST authorities’ search of a lawyer’s office and seizure of his computer. A bench of Justices Dipankar Datta and Sheel Nagu issued notice on lawyer Puneet Batra’s plea and stayed the HC’s order. On September 25, the top court asked the Goods and Services Tax (GST) authorities not to proceed with analysis of data seized from Advocate Puneet Batra’s office till September 28.  It had asked Additional Solicitor General S V Raju, appearing for the authorities, not to take action till the court hears the lawyer’s plea.

Batra challenged the Delhi High Court’s September 18 judgment, which held that law enforcement agencies can search a lawyer’s office if there is prima facie evidence that the legal professional has committed an offence.

Last week, the top court took note of submissions from senior advocates Vikas Singh and N Hariharan and agreed to list for urgent hearing a plea challenging the Delhi HC judgment that upheld GST search of Batra’s office.

Singh raised concerns over authorities’ access to data containing privileged information about Batra’s clients from the seized computer. “Computers have been seized. The materials will be accessed. Breach of privilege will happen,” Singh had said.