Dangerous trend: Karnataka High Court flags litigants lodging criminal cases against opposite side's lawyers

The Karnataka High Court on Friday flagged the "dangeorus" trend of litigants implicating lawyers of opposite parties with the object of dissuading them from appearing in the case.

Justice M Nagaprasanna said that the Court has come across numerous such instances of litigants levelling improbable allegations against the opposite side's lawyers and if such a trend is allowed to continue, it will have a chilling effect on the legal profession.

"The complainants have begun to implicate the advocates for penal consequences only because they are represent the accused. Court has come across umpteen number of cases where there would be no rhyme or reason to drag the advocate into the web of crime. If this trend is permitted to be continued, it would have a chilling effect on the profession as every advocate who represents an accused will be brought under the web of investigation for a crime," the Court said.

Hence, the Court said that before registering a crime against lawyers, police should hold a peripheral inquiry with regard to the nature of allegations being made by the complainants who might be making such allegations to settle scores with the lawyer appearing for the opposite party.

The Court made the observations while granting relief to advocate Yasmeen Saleha who was implicated by a man because he represented the man's wife in a partition suit and matrimonial matter.

"The case projects a very dangerous and emerging trend from the hands of the complainants," the Court said.

It further noted that the lawyer has been implicated based on imaginary allegations and except for the fact that the lawyer represents the accused, there is nothing against him.

Hence, it proceeded to stay the investigation against Saleha.