Allahabad High Court Imposes Rs. 2 Lakh Cost Each On Three For Making Incorrect Statements On Oath About "Very Senior Advocate"
Upasna Agrawal
9 Sep 2024 5:55 AM GMT
![Allahabad High Court, Police Establishment, Provincial Armed Constabulary, Civil Police, part of same force, transfer, pac, civil police, Uttar Pradesh Provincial Armed Constabulary (UPPAC), Justice Saurabh Shyam Shamshery, The Uttar Pradesh Pradeshik Armed Constabulary Act, 1948, Police Act, 1861, U.P. Police Regulations, Allahabad High Court, Police Establishment, Provincial Armed Constabulary, Civil Police, part of same force, transfer, pac, civil police, Uttar Pradesh Provincial Armed Constabulary (UPPAC), Justice Saurabh Shyam Shamshery, The Uttar Pradesh Pradeshik Armed Constabulary Act, 1948, Police Act, 1861, U.P. Police Regulations,](https://www.livelaw.in/h-upload/2022/08/18/750x450_431139-allahabad-high-court-justice-saurabh-shyam-shamshery.jpg)
The Allahabad High Court has imposed a cost of Rs. 2 lakh each on three petitioners who falsely stated on affidavit that their previous counsel refused to give a no objection certificate for engaging another counsel.
The petitioners field an affidavit in Court stating that they are not satisfied with the work of their earlier counsel and they had approached him to obtain No Objection, but he refused to do the same. Petitioners therefore filed an affidavit and engaged another counsel.
Upon being asked by the Court, the counsel on record (previous counsel) refused that any no objection certificate was sought from him. The Court observed that the new counsel who was engaged by the petitioners was also not present before the Court.
Observing that the conduct of the petitioners was not bonafide, Justice Saurabh Shyam Shamshery dismissed the writ petition and imposed a cost of Rs. 2 lakhs on each petitioner to be deposited by them before High Court Legal Services Committee, Allahabad. It said,
"...learned counsel for petitioners is a very Senior Advocate of this Court and Court has no doubt on his bonafide statement, therefore, this writ petition is not only dismissed but dismissed with a heavy cost..."
Case Title: Mohd. Pervej And 2 Others v. State Of U.P.
Case no.: WRIT - B No. - 2933 of 2023