Legal Professionals Not Immune From Prosecution For Criminal Misdeeds : Supreme Court

Delivering judgment in the 'fake' SLP case, the Supreme Court today observed that no professional, much less a legal professional, is immune from prosecution for their criminal misdeed(s).

"There is a great sanctity attached to the proceedings conducted in the court. Every Advocate putting his signatures on the Vakalatnamas and on the documents to be filed in the Courts, and every Advocate appearing for a party in the courts, particularly in the Supreme Court, the highest court of the country is presumed to have filed the proceedings and put his/her appearance with all sense of responsibility and seriousness. No professional much less legal professional, is immune from being prosecuted for his/her criminal misdeeds", said the bench of Justices Bela M Trivedi and Satish Chandra Sharma.

To recall briefly, this is the case where the petitioner denied filing any special leave petition and claimed ignorance of advocates who represented him. The respondents, on the other hand, told the Court that the order impugned in the SLP put an end to criminal proceedings against the only witness in the 2002 Nitish Katara Murder case, and the SLP was filed in an attempt to continue the false case against him (without the petitioner's knowledge).

After a threadbare analysis of the case, the bench of Justices Trivedi and Sharma was of the view that the High Court and Supreme Court were sought to be taken for a ride, and the entire justice delivery system sought to be put to stake, by respondent Nos.3 and 4, as well as their associates and advocates, who helped them in forging and fabricating the documents to be filed in the Courts, and to pursue false proceedings filed in the name of the petitioner without his knowledge, consent or authority.

As such, the Court ordered the Central Bureau of Investigation to conduct a probe and register a regular case, after holding preliminary inquiry if necessary to do so, against all the persons found involved and responsible.

Notably, it was also remarked that in a democratic country governed by rule of law, citizens expect wrongdoers to be afraid of punishment: "The wrongdoers must fear the law that they will be punished, the innocents must rest assured that they will not be, and the victims must be confident that they will get the justice. This is what a citizen of the democratic country like India, governed by Rule of Law would legitimately expect from the Courts. The Courts are called the 'Temple of Justice'...".

Other reports about the judgment can be read here.

Case Title : BHAGWAN SINGH v. STATE OF UP | SPECIAL LEAVE PETITION (CRIMINAL) Diary No(s). 18885/2024

Citation : 2024 LiveLaw (SC) 722

Click Here To Read/Download Judgement