Bombay High Court directs Inquiry Against Lawyer On Allegations of Professional Misconduct

Justice Rohit Deo directed the Principal District and Sessions Judge, Nagpur,to inquire if accused Swapnil Ramteke's counsel filed a second bail application for his client before the trial court without disclosing that the first bail application had already been rejected.

The court further asked the judge to enquire if Ramteke had done so on his client's instructions or not.

"If what is submitted is factually correct, serious issues of professional misconduct and/or contemptuousattempt to subvert the administration of justice may arise. Without a preliminary inquiry, it would not be fair to make any further observation,"the court observed.

Justice Deo was hearing a bail application sworn on 12-7-2021, when the Additional Public Prosecutor informed the court that the applicant had suppressed his successive bail application pending before the trial judge.

Ramteke's counsel Mir Nagman Ali submitted thatthe prosecutor is right, that notwithstanding the rejection of bail application by the learned Sessions Judge R. R. Patare in March, apparently suppressing the factum of rejection, a second application is listed before the learned Judge S. R. Trivedi.

Ali, however, claimed that the counsel, who filed the second application, acted without instructions. He submitted that the second plea only has the counsel's signature and not the applicant's.

Following these submissions, the court ordered as under.

"The Principal District and Sessions Judge, Nagpur shall inquire into the matter and submit a report on or before 2.30 p.m. on 30-7-2021, along with photocopy of the entire record of the first and the second applications preferred by the applicant Swapnil Shankarao Ramteke and to record a prima facie finding whether the successive application is preferred without instructions and whether the entire facts are disclosed."