A division bench of Allahabad High Court held as follows,
The other aspect, in this case, is that the petitioner is an Advocate. He can be paid his fee by the Government, by a respectable man or a man who is not so respectable. An Advocate could be defending an accused who is indeed involved in a big scam or fraud but when fee is remitted by such an accused to his learned Counsel in account the money cannot be said to be proceeds of crime. It is the lawful remuneration of the learned counsel which would be duly earned after the engagement is discharged. If for the remittance of any sum of money, an Advocate’s account is frozen describing it as a cyber fraud or the money as proceeds of a cyber fraud or other crime it could become very difficult for Advocates to discharge their professional duties under the Advocates Act. The functioning of the Court itself would be embarrassed.
Let the Additional Chief Secretary (Home), U.P., Lucknow file his own affidavit within two weeks on the issue indicating how seizure of an Advocate’s account, made by sundry officers of the Police, is to be dealt with so as not to interfere with dispensation of justice itself in Courts. It would be quite a different matter, if an Advocate is himself involved in a criminal offence and has credits of money to his account that are proceeds of his own crime.
Citations:
Other Sources:
https://lawtrend.in/advocates-fee-cannot-be-treated-as-proceeds-of-crime-merely-because-client-is-accused-allahabad-high-court/
https://www.livelaw.in/high-court/allahabad-high-court/allahabad-hc-advocate-professional-fee-accused-not-proceeds-of-crime-bank-freeze-539449
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