Advocates Can Appear in Confiscation Proceedings But Can't Cross-Examine : Madhya Pradesh High Court

Advocates Can Appear in Confiscation Proceedings But Can't Cross-Examine : Madhya Pradesh High Court

  • Case Name: Bhagban Singh Parmar V The State of Madhya Pradesh & Ors, Writ Petition

The Madhya Pradesh High Court ruled that advocates can appear in confiscation proceedings before forest officers under the Indian Forest Act, 1927, but cannot cross-examine statements or affidavits. 

Justice Vishal Dhagat held that Section 30 of the Advocates Act, 1961, allows advocates to appear before tribunals or persons legally authorized to take evidence.

The ruling came from an Article 226 petition challenging confiscation proceedings, arguing that Section 52 of the Indian Forest Act does not bar advocate representation. 

The Court clarified that while advocates can assist in proceedings, they cannot cross-examine evidence.

This ruling overrules the Kuldeep Sharma case, which had restricted advocate participation.

HC Order / 9 months ago

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