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The division bench of the High Court was hearing a habeas corpus petition wherein a mother sought release of her 17-year-old adopted son, who was being held illegally by his alleged stepsister assisted by a man who claimed to be an advocate.
The Madras High Court ordered the Commissioner of Police, Centre Crime Branch (CCB) Chennai to arrest the man who faked to be an advocate and to conduct a thorough investigation into his schooling, and file a final report.
To know whether any other person was deceived by the fake Advocate, a division bench of Justice S Vaidyanathan and Justice AD Jagdish Chandra directed the Investigating Officer (IO) to widely publish the photograph of the man, in Tamil and English dailies.
Court also directed the Bar Council of Tamil Nadu and Puducherry to investigate to determine whether any other complaint against the man, who claims to be an Advocate, is pending.
Noting the seriousness of the case, Court opined that the case requires the filling of a criminal complaint, and actions need to be taken against those involved in the fabrication of documents.
Court further added that "the case involves job racketing and the creation of false documents has been proliferating recently, and those involved in the offenses should be crushed with iron fists and not be let off the hook".
The court was hearing a habeas corpus petition wherein a mother sought release of her 17-year-old adopted son, who was being held illegally by boy's alleged stepsister. The petitioner claimed that the alleged stepsister was being assisted by a man who claimed to be an advocate.
The petitioner-mother alleges that a fake advocate, drew her attention to the degree certificate issued by the Bharathidasan University, on perusal of which, even a naked eye could establish that it is a fake one.
It was further stated that in the Tamil version of the certificate, it was stated that the man studied "History" and received "First Class" in Law, whereas in the English version, it is stated that he received "Second Class" in "Law."
The petitioner-mother claimed that the fourth respondent (who allegedly assisted boy's stepsister) claimed to be an Advocate and had also shown an identity card issued by the Bar Council of Tamil Nadu and Puducherry.
On the contrary, the fourth respondent argued that he completed law in Government Law College Trichy and is a law graduate, and he also produced a degree certificate, claiming it to be original, as well as a hand-written letter dated July 28, 2022, addressed to the Registrar General of the High Court of Madras.
He further argued that he had only completed Law and had not enrolled himself as an Advocate before the Bar Council of Tamil Nadu and Puducherry.
However, the court was informed by the Bharathidasan University via email communication from the Controller of examination that the certificate was not issued by the university.
Court noted that since the formation of Tamil Nadu Dr.Ambedkar Law University (TNDALU) on October 3, 1997, no other University has been authorized to issue Degree Certificates in Law, therefore opined that the 4th respondent's claim was completely false.
Therefore, Court held, “We are prima facie satisfied that the fourth respondent has produced a forged degree certificate, which was created outside the jurisdiction of the High court, and has claimed to be a law graduate".
The matter is listed to be next heard on August 10, 2022.
Case Title: H.C.P.No.728 of 2022
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