Fake Accident Claim Petitions: Supreme Court Directs SIT To Share Names Of Erring Advocates To Bar Council Of India

Earlier, the Supreme Court in an order dated 05.10.2021 had criticized the Bar Council of Uttar Pradesh for its failure to take action against advocates for filing fake claim petitions under Motor Accident Claims Tribunal and Workmen Compensation Act. The Court further directed the State of UP/SIT to forward the name of the advocates against whom prima facie cases of cognizable offences are disclosed in a sealed cover till November 15, 2021, so that the same can be sent BCI for further action.

In an order dated 16.11.2021, a Bench of Justices M.R.Shah and Justice Sanjiv Khanna noted that despite the strong observations in an earlier order dated 05.10.2021 nobody has appeared on behalf of the Bar Council of UP. The Bench noted that despite its strong observations that in such a serious matter where there are allegations of filing of fake claim petitions against advocates, the Bar Council of UP is showing "callousness and insensitiveness" by not giving instructions to their advocate, on 16^th November 2021 too there is no representation on behalf of the Bar Council of UP.

It observed,

"Filing of the fake claim petitions is a very serious matter. It ultimately affects the credibility of the institution as a whole. Legal profession is always considered to be a very noble profession and such things of filing fake claim petitions in the Courts cannot be tolerated. It is the duty of the Bar Council of the State and the Bar Council of India to maintain the dignity and restore the glory of the legal profession. In the present case, unfortunately the Bar Council of U.P. is not at all serious and as observed hereinabove insensitive."

The Bench also notes that according to the Status Report filed by SIT,

"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 Bench observed that it is very "unfortunate" that despite the fact that FIRs have been filed as far as back in the year 2016-2017, the investigation is still pending and even in cases where chargesheets have been filed, no charge has been framed by courts below.

The Bench observes,

"The SIT was constituted by the High Court to look into the filing of the fake claim petitions and with the specific purpose. Still the investigation in most of the cases/FIRs is reported to be pending. We deprecate the negligence and or lethargy on the part of the SIT in not concluding the investigation even after 4-5 years and the of the FIR."

The Bench makes note of the submission of the counsel for the Bar Council of India that since Bar Council of U.P is not cooperating in sending the names of the Advocates who have indulged in the illegal activities of filing fake claims, Bar Council of India shall take action against them. To this extent, the Bench has directed,

"the SIT to send to the counsel for the BCI the list of Advocates involved in filing the fake claims against whom the FIRs/Charge sheets are filed within a period of three days from today so that further disciplinary action can be taken by the BCI."

It has further directed the Investigating Officer of the SIT to file 2-3 pages note on the modus operandi adopted while filing the false/fake claim petitions.

The Court has directed the Investigating Officer of the SIT and the chairman and Secretary of the Bar Council of UP to remain present before the Supreme Court on the next day of hearing to assist the Court.

The next date for hearing is 08.12.2021.

Case Title: Safiq Ahmad v ICICI Lombard General Insurance Co. Ltd. . & Ors.| Special Leave to Appeal (C) No. 1110/2017

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