The Karnataka High Court warned of a very dangerous emerging trend where litigants intentionally file criminal cases and level false allegations against opposite lawyers. The Court said such implausible accusations are being used to scare advocates from representing their clients.
The Karnataka High Court highlighted a concerning trend where litigants are accusing opposing lawyers of misconduct to deter them from representing their clients.
Justice M Nagaprasanna pointed out that the Court has encountered several instances where litigants make implausible claims against the lawyers of the opposing party.
He warned that if this trend continues, it could create a chilling effect on the legal profession.
The Court remarked,
“The complainants have begun to implicate the advocates for penal consequences only because they represent the accused. The Court has come across umpteen number of cases where there would be no rhyme or reason to drag the advocate into the web of crime. If this trend is permitted to be continued, it would have a chilling effect on the profession as every advocate who represents an accused will be brought under the web of investigation for a crime,”
Consequently, the Court stated that the police should conduct a preliminary inquiry before filing any charges against lawyers.
This inquiry should assess the nature of the allegations made by complainants, as they may be attempting to retaliate against the lawyer representing the opposing party.
These comments were made while granting relief to advocate Yasmeen Saleha, who was falsely accused by a man due to her representation of his wife in a partition suit and matrimonial matter.
Noting that Saleha had been implicated based solely on fictitious allegations, with no substantial evidence against her apart from her role as the accused’s lawyer, the Court emphasized,
“The case projects a very dangerous and emerging trend from the hands of the complainants,”
The Court subsequently stayed the investigation involving Saleha.