A single judge of Delhi High Court held as follows,
From Para 17,
17. The core question before this Court is whether the Ld. Revisional Court was justified in directing the Advocates for the Petitioner to file Affidavits disclosing the source of the documents filed by them in Court.
From Para 22,
22. When a client hands over a document to their Advocate for the purpose of legal defense, the act of handing over and the information regarding the origin of that document, is part of the professional confidentiality. The primary responsibility for the documents filed in Court lies with the Party i.e. the Client. To compel an advocate to disclose that “Client X gave me this document”, is to compel the disclosure of the “source” of the documents is protected by Section 126 IEA. Such documents filed by the Counsel are at the behest of the client and for and on his behalf. By directing disclosure by the Advocate of the Petitioner to file the Affidavit regarding the proceedings in the Court, the Ld. ASJ has compelled the advocates to breach their professional duty, which falls squarely within the ambit of “communication made to him in the course and for the purpose of his employment” and is protected by the Client-Advocate privilege under S.126 IEA.
From Para 25,
25. While a Court has the power to inquire into offences affecting the administration of justice, such an inquiry must be conducted within judicial contours. In the present case, the Petitioner has explained that the copies of 2011 Applications were served upon them in 2013, during proceedings before the Company Law Board in CP No. 110/2013, thereby demolishing the allegation of theft or illegal procurement, made by the Respondent No. 2.
Citations: 2026:DHC:228
Other Sources:
https://indiankanoon.org/doc/62702055/
https://www.livelaw.in/high-court/delhi-high-court/cant-compel-lawyers-to-reveal-source-of-documents-filed-on-clients-behalf-518595
https://www.verdictum.in/court-updates/high-courts/delhi-high-court/mcdonalds-india-ltd-v-state-of-nct-of-delhi-2026dhc228-compelling-advocate-disclose-source-violates-evidence-act-1604363
Index of Perjury judgments is here.
