In a significant ruling, the Madhya Pradesh High Court has held that advocates are permitted to appear in confiscation proceedings under the Indian Forest Act, 1927. The decision came while hearing a petition filed by an individual who was denied the right to engage legal counsel in such proceedings.
Justice Vishal Dhagat clarified that Section 52 of the Indian Forest Act does not impose any restriction on the appearance of advocates in confiscation matters. The Court emphasized that under Section 30 of the Advocates Act, 1961, lawyers have the right to represent clients before any tribunal or authority legally empowered to take evidence. Since forest confiscation proceedings involve recording evidence, including affidavits and statements from both the Forest Department and vehicle owners, advocates are entitled to appear. However, the Court specified that while advocates may participate in such proceedings, they do not have the right to conduct cross-examination based on the affidavits or statements submitted.
The ruling came in response to a petition where the petitioner argued that he was not even provided access to necessary case documents to file a proper application opposing the confiscation of his vehicle. The government contended that lawyers could not appear in such proceedings and justified the rejection of the petitioner’s request to engage counsel. Overruling this stance, the Court set aside the earlier order denying legal representation and granted the petitioner permission to apply for access to case documents from the Forest Ranger’s office. This ruling reinforces the right of individuals to legal representation in confiscation matters under the Forest Act.
