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Allahabad HC Seeks UP Bar Council's Reply On Procedure To Deal With Complaints Against Lawyers Practising With Forged degrees
Sparsh Upadhyay
8 Oct 2021 10:14 AM IST
The Allahabad High Court has sought the response of the Bar Council of Uttar Pradesh as to whether it has formulated a procedure with regard to verification of complaints against the alleged fake lawyers, who are practising on the basis of forged and fictitious degrees.The Bench of Justice Manoj Misra and Justice Jayant Banerji was hearing a plea filed by one Shakti Pratap Singh alleging...
The Allahabad High Court has sought the response of the Bar Council of Uttar Pradesh as to whether it has formulated a procedure with regard to verification of complaints against the alleged fake lawyers, who are practising on the basis of forged and fictitious degrees.
The Bench of Justice Manoj Misra and Justice Jayant Banerji was hearing a plea filed by one Shakti Pratap Singh alleging that third respondent is a fake lawyer against whom a complaint had been made to the U.P. Bar Council for verification, however, no action had been taken thereupon.
The counsel for the petitioner referred to an order passed by the Apex Court in Ajayinder Sangwan Vs. Bar Council of Delhi and others requiring the State Bar Councils to take necessary steps to complete the process of inquiry to find out fake lawyers.
Against this backdrop, seeking the response of the Bar Council of UP, the Court has now directed to put up the matter in the additional list on 25th October, 2021.
Recently, a case had come up before the Kerala High Court wherein a woman named Sessy Xavier managed to practice as an advocate in Alappuzha(Aleppey) in Kerala for over two years, even without qualifying the LL.B degree and enrolling with the State Bar Council.
Without raising anyone's suspicion, she joined the office of an established lawyer as a junior advocate. She had earlier done internship with that advocate for few months presenting herself as a final year law student. Claiming to have enrolled with the Bar Council, she applied for membership at the Aleppey Bar Association in March 2019, which was given.
During her period of practice, she appeared before the court in several matters. As per certain reports, she even got appointed as Advocate Commissioner in few cases. Not just that- she also contested the Bar Association election this year and got elected as the Librarian.
Last month, the Kerala High Court while denying her pre-arrest bail observed that she had not merely deceived the Bar Association or the general public, but the entire Judicial system.
The Court also observed that it is advisable that Bar Associations verify with the Bar Council before admitting new members.
Justice Shircy V dismissed the anticipatory bail application stating:
"The illegal activities adopted by her that too before the court of law has to be dealt with an iron hand. If leniency is taken, just considering the fact that she is a young lady, it will be a shame for the whole Judicial system and would shake the confidence of the public in the judicial system."
The Court added,
"More so the law applies to everyone equally. She has to surrender before the investigating officer forthwith or else she has to be arrested to proceed with the investigation of the case."
Case title - Shakti Pratap Singh v. State Of U.P. And 2 Others
Read Order
