The Karnataka High Court on Wednesday hinted that it may issue guidelines to discourage unscrupulous litigants from filing bogus criminal cases against advocates simply because they may have represented the litigant’s legal opponent.
Justice M Nagaprasanna reiterated his concern that there is a dangerous trend in play, where such false cases are filed against lawyers without any rhyme or reason.
The judge orally opined that guidelines should be put in place to enable lawyers to sue litigants who file such false cases against them.
“If nothing is found (if the criminal allegations made by a litigant against the lawyer are found baseless), I want to give permission to all these advocates who are, without rhyme and reason, being bought (implicated in criminal cases) by these complainants, to initiate proceedings for malicious prosecution. I will lay down guidelines as to what should be done. These complainants (litigants) who simply register (cases against lawyers) just because you (the lawyer) have represented the opposite party in any other proceeding, malicious prosecution should be initiated (against them). (Otherwise) this will not stop," he said.
Senior Advocate Vivek Subba Reddy, who was in court to argue a plea to quash a drugs case against a post graduate medical student, added that there were also concerns about how police treat young lawyers who go to the police station.
“The way police treat the lawyers when they go on behalf of accused to the station, it is terrible and youngsters are facing a lot of problems. That also has to be addressed because they go in aid of a constitutional right under Article 22 – the right to be represented. It is pulverising, shocking the sort of treatment that we talk about,” he said.
The Court assured that it will examine all such issues faced by lawyers.
“Something has to be settled. This time, we will do it. And all advocates, if I find it (a case filed against them by a litigant) is frivolous and I quash it, malicious prosecution permission (will be given to the lawyer to file a case) against the complainants. Otherwise, this will not stop. Every day I am seeing two cases. An advocate represents the wife in the matrimonial case - he is arraigned as accused in a separate crime. Why? (Justice because the lawyer was) representing the wife. Very, very dangerous trend,” Justice Nagaprasanna said.
“I am glad that at least this is recognised by your Lordship,” Senior Advocate Reddy replied.
The Court added that it is collating several petitions raising such issues, to address them in a comprehensive manner.
“That's why I am collating all these petitions together .... There are ten already … We will address them,” Justice Nagaprasanna said.
The judge clarified that he is not stating that lawyers are immune from prosecution, but merely seeking to curb their false implication in criminal cases for simply representing a litigant's legal opponent.
“If there is any other allegation against the advocate, fine. No problem at all. (But when litigants raise) all glorified allegations (against a lawyer) just because he has represented (a legal opponent). And police are entertaining that. That's why I am surprised - how police is even registering these crimes,” the Court remarked.