BCI suspends 28 advocates involved in filing of fake claim-cases

The Bar Council of India has has resolved to put 28 advocates from Uttar Pradesh under suspension whose names are listed in FIRs/Charge-Sheets relating to cases on filing of fake claim petitions, till the proceedings against them are completed. 

BCI 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.

The Supreme Court had recently requested Senior Advocate Manan Kumar Mishra, Chairman Bar Council of India to look into the matter.

AOR Ardhendumauli Kumar Prasad, appearing on behalf of BCI had thus submitted before Court that if BCI received the names of the Advocates involved in filing fake claim petitions, necessary disciplinary action shall be taken against them.

A bench of Justices MR Shah and Sanjiv Khanna had noted that it was very unfortunate that in such a serious matter, where the allegations were of filing of fake claim petitions in which the advocates are also alleged to have been involved, the Bar Council of U.P. was not giving instructions to their advocate which showed the callousness and insensitiveness on its part.

Since there was no cooperation or representation at all from the Bar Council of Uttar Pradesh, the Supreme Court had further directed its Chairman and Secretary to remain present before the Court on December 8, 2021.

While taking the decision, the General Council of the Bar Council of India in its meeting dated November 19, 2021 duly considered the order of the top court along with two lists i.e.

(1) the details of the Advocates against whom FIRs have been registered; and
(2) the details of the Advocates against whom the Charge Sheet has been filed in the concerned Courts after investigation, which was provided by the concerned SIT through email.

The concerned SIT was constituted by the High Court to look into the filing of the fake claim petitions but the Supreme Court had remarked that the investigation in most of the cases/FIRs was 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 had remarked on Tuesday.