Calcutta High Court Directs Police To Ensure Presence Of Lawyer Who Allegedly Misled Court To Secure Client's Bail, Fled Upon Confrontation

In an unprecedented development, the Calcutta High Court on Friday directed the concerned police authorities to ensure the presence of a lawyer who had allegedly tried to mislead the Court while seeking bail for an accused.

Such an order was issued after the lawyer had left the Court premises during recess and had failed to appear before the Court post recess to continue with his submissions despite the Court's direction to this effect. 

A Bench comprising Justice Debangsu Basak and Justice Bibhas Ranjan De recorded in the order that prior to recess, advocate Arindam Roy had been asked to appear and make his submissions. However, he had requested the Bench for further time and had therefore been directed to come back post recess at 2pm to continue with his submissions. 

However, post recess, the Bench was surprised to learn that advocate Arindam Roy had left the Court's premises during recess. Directing the police authorities to ensure his presence on the next date of hearing, the Court directed, 

"The Court is informed that Mr. Arindam Roy left the Court premises during recess. He is not appearing now...In such circumstances, the police are requested to ensure the presence of Mr. Arindam Roy, Advocate in Court on the next date."

The Court further underscored that given the serious allegations levelled against him by the State it would be appropriate to grant him an opportunity to explain his conduct and accordingly observed, 

"In view of the serious allegations levelled against him and in view of the affidavit filed on behalf of the State relating to the case, it would be appropriate to grant an opportunity to Mr. Arindam Roy, Advocate to appear and explains his conduct. Given his conduct his presence should be ensured."

Accordingly, the Court listed the matter for further hearing on March 16. 

In the instant case, the Court was adjudicating upon an application for bail under Section 439 of CrPC. During the proceedings, advocate Arindam Roy appearing for the accused had allegedly tried to mislead the Court by averring that the accused had been charged with a lesser offence, in a bid to seek bail. However, the State vide its affidavit had challenged such incorrect averments subsequent to which the lawyer was asked to explain his conduct. 

Case Title: In the matter of : Ansar Ali @ Md. Ansar Ali

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