Fake Claim Petitions : Bar Council Of India Suspends 28 UP Advocates Over Alleged Malpractices

The Bar Council of India has through a press release, notified its decision to suspend 28 Advocates of Uttar Pradesh "indulged in malpractices of Filing Fake Claim Cases"

The Bar Council's action has come after the Supreme Court's recent order directing the State of UP/SIT to forward the names of the advocates against whom prima facie cases of cognizable offences are disclosed filing fake claim petitions under Motor Accident Claims Tribunal and Workmen Compensation Act, so BCI could take action

The lists of the Advocates who have been suspended includes names provided by the SIT against whom FIRs have been registered and against whom the Charge Sheets have been filed. 

According to the press release, the Council, after thorough discussion and deliberation, has resolved to put 28 Advocates under suspension whose names are listed in FIRs/Charge-Sheets, till the proceedings against them are completed.

The Bar Council of India has also directed the State Bar Council of Uttar Pradesh to initiate disciplinary proceeding against these Advocates and conclude the inquiry within a period of three months and submit the report of the same to the Bar Council of India.

Details:

The Bar Council of India in its press release has also provided details of the recent order passed by Supreme Court's Bench of Justice M.R. Shah and Justice Sanjiv Khanna on 16th November pursuant to which the present action has been taken by the Council.

The Bench through its order had taken serious note of the issue relating to Advocates involved in filing fake claim petitions under Motor Accident Claims Tribunal and Workmen Compensation Act.

The Court had observed that consequent to the direction passed by the High Court of Allahabad, to the Special Investigating Team, U.P, Lucknow for investigation of the cases of suspicious claims, total 233 suspicious claims of various insurance companies have been dismissed or dismissed in default or not pressed due to of which various claim petitions claiming amount of Rs.300,76,40,000 have been rejected by the Tribunals.

The Bench had noted that while the SIT was constituted by the High Court to look into the filing of the fake claim petitions and with the specific purpose for investigating the issue. Still, the investigation in most of the cases/FIRs is reported to be pending.

The Supreme Court had further observed that "out of total 92 criminal cases in various districts registered till date, of which 28 advocates have been named as accused persons in 55 cases, the investigation has been concluded/completed in 32 cases and the change sheet has been filed. In rest of the cases, the investigation is stated to be pending."

The Court through its order dated 05.10.2021 requested the Chairman, Bar Council of India Senior Advocate Manan Kumar Mishra, to look into the matter.

According to the press release, on 16th November , Chairman of Bar Council of India had to state before the Supreme Court that the Bar Council of Uttar Pradesh was not co-operating in sending the names of the Advocates who are indulged in such illegal activities of filing such fake claim petitions. However he had assured the Court that if the BCI receives the names of the Advocates involved in filing fake claim petitions, the necessary disciplinary action will be taken by the Bar Council of India against them immediately.

It has been stated that pursuant to such submission the Court had directed the SIT to send list of Advocates involved in filing the fake claims against whom the FIRs/Charge sheets are filed to BCI within a period of three days from the date of the order.

The press release has stated that the General Council of the Bar Council of India in its meeting dated 19th November therefore duly considered the Court's order dated along with two lists:

• The details of the Advocates against whom FIRs have been registered. 
• Details of Advocates against whom the Charge Sheet has been filed in the concerned Courts after investigation (which was provided by the SIT to Bar Council of India on 16.11.2021 through email.)

Click here to read/download the press release