Bar Rises in Defence of Its Own: Gujarat HC Advocates Association Condemns “Manner” of FIR Against Advocate Couple in Rape Case

In a resolute assertion of professional solidarity, the Gujarat High Court Advocates Association has thrown its collective weight behind three members of the Bar named in a criminal complaint, declaring that the sanctity of the profession cannot be trampled upon even in the shadow of grave allegations.

(By Syed Ali Taher Abedi)

Ahmedabad — The corridors of the Gujarat High Court reverberated this week with an unusual show of institutional unity, as the Gujarat High Court Advocates Association (GHCAA) formally adopted a resolution condemning the circumstances surrounding the registration of a First Information Report against one of its own an advocate, his advocate-wife, and a junior colleague in a case involving grave allegations of gang-rape and caste-based intimidation.

The resolution, passed unanimously at a specially convened meeting on August 13, does not mince words.

“That 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 Lalitbhai Gupta, Advocate Smt. Shubhra Hitesh Bhai Gupta and one Junior Advocate,”

It records the Association’s grave disquiet over the manner in which criminal proceedings were set into motion against Advocate Hitesh Lalithai Gupta, his wife Advocate Shubhra Hiteshbhai Gupta, and a junior member of the Bar even as it stops carefully short of commenting on the underlying merits of the case itself.

A Line Drawn Between Process and Persecution

What emerges from the resolution is not a defence of the allegations, but a fierce insistence that due process, fairness, and the dignity of the legal profession be honoured in equal measure to the rights of any complainant.

“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 resolution said.

The Association has gone on record to state that it will stand by its members in every instance where State action threatens to erode the independence or professional standing of the Bar.

“The proposed action is therefore not confined to an individual grievance but concerns the broader question of protection of the dignity, independence and professional rights of Advocates.” Mentions the requisition.

“This Resolution shall not be construed as interference with any lawful investigation, inquiry or judicial proceeding, nor as an expression of opinion regarding the merits of the allegations, but shall be understood as an institutional expression of concern for the protection of the independence and dignity of the legal profession.”

Notably, an earlier draft of the resolution had included a clarifying caveat that the Association’s intervention was not meant to obstruct any lawful investigation, nor to pronounce judgment on the truth or falsity of the allegations.

In the final version tabled and passed, however, this qualifying clause was conspicuously excised, lending the resolution a sharper, more unequivocal edge.

To carry this mandate forward, the GHCAA has authorised its President, Senior Advocate Yatin Oza, along with the Association’s Office Bearers, to make appropriate representations before the concerned authorities and to pursue such further lawful steps as may be necessary to safeguard the rights of the Bar’s members.

The Allegations at the Heart of the Storm

The controversy traces back to a criminal case registered by police in Chhota Udepur district, where a woman has alleged that she was raped by Advocate Gupta and his junior colleague.

According to reporting by the Indian Express, the complainant states that she had first approached the two lawyers seeking legal counsel, following which she was offered domestic employment.

She alleges that Gupta sexually assaulted her at his office in February, and that months later, in May, the junior advocate approached her at her village and persuaded her to travel with him to a separate location where, she claims, both men subjected her to sexual assault.

The complainant has further alleged that she was threatened and subjected to caste-based slurs by the accused.

A Bar Divided by Duty, United in Solidarity

The August 13 meeting was convened only after more than 200 members of the GHCAA formally raised concerns over how the case had been registered against their colleagues.

The requisition moved before the Association was emphatic that the matter could not be reduced to a private dispute between individuals it touched, instead, upon the very independence of the legal profession, and the ability of advocates to discharge their duties without fear of intimidation, harassment, or retaliation.

Adding weight to the Association’s stand, several District Bar Associations including those of Baroda, Bodeli, and Ahmedabad have already extended their support to the three advocates named in the FIR, signalling that the tremors of this controversy have travelled well beyond the precincts of the Gujarat High Court.

The requisition placed before the GHCAA captured this sentiment starkly, framing the episode as one concerning nothing less than the dignity, independence, and professional rights of advocates at large not merely an isolated grievance.

Acting on this consensus, the GHCAA proceeded to pass its resolution, placing itself firmly on record in support of the three lawyers, and reaffirming its resolve to resist any action perceived to compromise the independence or dignity of the Bar.