The Supreme Court of India on June 18 granted interim protection from arrest to Advocate Sandeep Kumar, who was allegedly booked under the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986 for assisting in the execution of certain sale deeds.
A special leave petition had been filed before the apex court against an order passed by the Allahabad High Court on August 2, 2024. The High Court had earlier declined to quash the FIR lodged against the advocate under Sections 2 and 3 of the 1986 Act.
The matter was heard by a bench comprising Justice Ujjal Bhuyan and Justice Manmohan. During the hearing, Advocate-on-Record Anurag Ojha appeared for the petitioner and argued that the petitioner, Sandeep Kumar, is a practicing lawyer who only provided legal assistance in the execution of sale deeds.
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He further informed the court that there are two FIRs filed against the advocate which were being used to build a gang chart under the 1986 Act. However, in both FIRs, the High Court had already granted relief — in one case, a stay, and in another, an order restraining coercive action.
Anurag Ojha argued that the advocate was “mechanically included under the UP Gangsters Act” without any justifiable reason, merely for discharging his professional duties.
“Petitioner is a lawyer by profession and was instrumental in execution of two sale deeds. There can't be any occasion for the petitioner to be booked under the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986,”
the Supreme Court observed.
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The bench issued notice on the petition and ordered that:
“In the meanwhile, petitioner shall not be arrested, subject to his cooperation with the investigation. List in the last week of August.”
This case raises a significant legal question — can a lawyer be held criminally liable merely for rendering professional legal services related to property documentation?
The court has not yet made any final ruling on this legal question but has extended interim relief until further hearing.
Case Details: SANDEEP KUMAR Vs STATE OF U.P.|D No. 32275/2025
Appearance: Advocate Anurag Ojha Advocate with Advocate Vipul Kumar for petitioner
