The Nagpur Bench of the Bombay High Court recently pulled up a lawyer for misleading the court and referred him to the Bar Council of Maharashtra and Goa for alleged professional misconduct [Pushpa Sanjay Gupta v. State of Maharashtra and Ors].The Court was hearing a plea concerning the removal of unauthorised constructions on land in the city. It recorded that the private parties whom the lawyer was purportedly representing sought to justify their possession by relying on a civil court decree. The petitioner, Pushpa Gupta, alleged that the order was not in their favour at all, suggesting fabrication or misuse. .A Bench of Justices Anil L Pansare and Nivedita P Mehta noted that if this allegation of a forged or wrongly projected decree is ultimately established, it would amount to a serious fraud on the court and could invite separate contempt proceedings against the respondents concerned..The Bench was shocked to note that Advocate SD Chande had filed a vakalatnama for one respondent, but had appeared for seven respondents, all individuals. “Based on his submissions, we have passed two orders. We held that these respondents have played fraud upon the Court by relying upon a forged document. Accordingly, we have issued contempt notice against these respondents,” the court noted in its April 9 order. .The Court also referred the matter to the State Bar Council for suitable action against the lawyer. “It appears that Chande has misled the Court and the parties. The mischief played by Chande amounts to misconduct. We accordingly refer the matter to the Bar Council of Maharashtra and Goa for taking suitable action against S D Chande, Advocate."It also directed the Bar Council to note that similar objections had arisen against the lawyer on multiple prior occasions..The core of the matter concerns Gupta’s plea seeking the demolition of structures alleged to be unauthorised encroachments. These encroachments, including meat and chicken shops, are reportedly situated on government land and a plot leased to her, possession of which she has not yet received. The Nagpur Improvement Trust has assured the Court that the unauthorised structure on the leased plot will be removed within six weeks..Senior Advocate Anil Mardikar with Advocate PA Gupta appeared for Gupta.Additional government pleader AB Badar appeared for the State.Advocate SM Puranik appeared for the Nagpur Improvement Trust.Advocates Kiran Israni and RR Chhabra appeared for the Nagpur Municipal Corporation..[Read order]
