The Supreme Court Today (Nov 25) made it clear that lawyers engaging in fraudulent practices will face strict action from Court. The Court made the observation while turning down the pleas filed by the Supreme Court Bar Association (SCBA) and the Supreme Court Advocates-on-Record Association (SCAORA) to modify the Court’s earlier order directing a Central Bureau of Investigation (CBI) probe after a fake appeal was filed before it. The Bench asserted that regardless of who the individual is, they will be punished for committing fraud on the Court.
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NEW DELHI: The Supreme Court of India issued a stern warning to lawyers involved in fraudulent practices, emphasizing that such acts will attract strict legal action.
The Court’s statement came while rejecting the petitions filed by the Supreme Court Bar Association (SCBA) and the Supreme Court Advocates-on-Record Association (SCAORA), which sought modification of an earlier directive ordering a Central Bureau of Investigation (CBI) probe into a case involving a fake appeal.
Strong Warning Against Fraudulent Practices
A Bench comprising Justices Bela M Trivedi and Satish Chandra Sharma made it unequivocally clear that individuals committing fraud on the Court, irrespective of their status or position, will face stringent consequences. The Bench remarked:
“So you mean to say that lawyers should not be prosecuted even if they commit fraud on the court. Lawyers are no different. No matter who it is, if they commit fraud on court, they will be punished.”
The Court’s observations reaffirm its zero-tolerance policy toward any malpractice undermining the sanctity of judicial processes.
The Origin of the Case: A Fraudulent SLP
The issue dates back to September 2020, when the Supreme Court directed the CBI to investigate a peculiar case. A litigant, Bhagwan Singh, had denied filing a special leave petition (SLP) before the apex court and claimed he had not authorized any lawyer to represent him. The case drew significant attention as it highlighted the misuse of court procedures.
In a letter to the Supreme Court Registry, Singh categorically stated that the SLP in question had not been initiated by him. This revelation led the Court to issue firm directions to advocates-on-record (AoRs), requiring them to ensure that only authorized lawyers appear for cases.
It also mandated AoRs to notify any change in the name of the arguing advocate either in advance or during the hearing itself.
CBI Findings and Legal Proceedings
During Monday’s proceedings, the Court reviewed the CBI’s investigation report, which revealed that a regular case had been registered on November 22 against ten individuals accused of manipulating court proceedings.
The SCBA and SCAORA, in a joint plea, sought modifications to the September 2020 order, arguing that it might infringe upon the rights of bar members. However, the Bench dismissed their plea outright.
Court Rejects Leniency Pleas
Additional Solicitor General (ASG) Archana Dave suggested that a warning could suffice as a deterrent, but the Court firmly dismissed the notion, stating:
“No warning. This statement doesn’t suit on you. If any lawyer is playing fraud on the court, he or she will be punished.”
The Bench emphasized that lawyers are not above the law and cannot evade accountability for fraudulent conduct.
Case Closure
Having examined the CBI’s comprehensive actions, the Bench concluded that no additional orders were required. Observing that the investigative body had already undertaken appropriate steps, the Court decided to close the matter.
This decision underscores the Supreme Court’s commitment to upholding integrity within the judicial system, setting a precedent for zero tolerance toward malpractice by legal professionals.
CASE TITLE:
Bhagwan Singh v. State of Uttar Pradesh and Another
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