Fake Lawyer Case: Madras HC Directs Bar Council To Verify Advocates' Antecedents Before Permitting Them To Hold Posts In Statutory Committees

The direction was made while dealing with a habeas corpus petition by a mother seeking production of her 17-year-old adopted son, whereby the Court had come across a 'fake lawyer'.

The child was said to be illegally detained by the third and fourth respondents, the latter claiming himself to be an advocate. However, on inquiry, it was found that the law degree possessed by the fourth respondent was a fake one and he had colluded with another lawyer to create forged documents. Accordingly, the Court had ordered the Commissioner of Police to register a criminal case.

When the matter came up for hearing recently, the bench of Justices S Vaidyanathan and AD Jagdish Chandira was apprised that the Investigating officer had taken steps for police custody of the respondent in order to cull out the truth. The court also noted that it was very unfortunate that a person, facing such criminal charges, was holding a responsible post.

It is very unfortunate that a person, who is facing criminal charges is allowed to hold a responsible post in various Committees of the Council, ignoring the fact that this profession alone is regarded as the noblest one, by calling Advocates as Gentlemen.

The Chairman of the Bar Council of Tamil Nadu and Puducherry informed the court that the Bar council members had unanimously decided to remove the two erring lawyers from the Enrollment Committee and the Disciplinary Committee. The lawyers had already resigned from their respective posts and meeting are scheduled to be held for selecting fresh members.

The court emphasized that any Advocate, who was a member of the bar, should not hold any post till he is exonerated from the charges completely by the Appropriate Forum.

It is needless to mention that in case of any Advocate, who is a member of the Bar Council, facing a criminal case, he shall not hold such post till he is exonerated from the charges completely by the Appropriate Forum. The Bar Council of Tamil Nadu and Puducherry is directed to verify the conduct of C.Sri Muruga, whose act comes under the purview of moral turpitude. It is directed that the Bar Council of Tamil Nadu and Puducherry, before permitting an Advocate to hold a significant post in the Statutory Committees, much less Enrollment and Disciplinary Committees, shall verify his/her antecedents without giving any room for such appointments.

The court also directed the Inspector General of Registration to issue a communication to all Sub Registrars' Office and collect details as to how many documents have been registered by these advocates. The District Registrar was directed to assist the court to collect these details.