Downfall in moral values: Allahabad High Court shocked after Lawyer forges complainant's vakalatnama in bid to get bail for accused in POCSO case

The Allahabad High Court was recently shocked and dismayed to find two lawyers complicit in the forging of a Vakalatnama in a bid to get bail for a man accused of rape without any opposition from the complainant's side. (Javed Ansari v. State of UP).Expressing anguish over the incident, the Court said,."It is very painful to see the downfall in moral values of noble legal profession. In the legal field, professional ethics are a fundamental requirement, because it is an important tool that establishes rule of law and keeps the legal profession and the legal institutions on a high pedestal. In the legal profession, in order to maintain the sanctity of faith between the Bar and the Bench, ethics are important factor, which contains the elements of discipline, fairness, trust, moral values, help to colleagues, respect and responsibilities, etc. It creates confidence between the Bar and the Bench. Lawyers play a crucial role in justice delivery system and in my view, professional ethics are the back bone of legal profession, which is self regulating profession and it is moral duty of the Bar and the Bench both to maintain the sanctity of legal profession and the institution.".Justice Sanjay Kumar Singh went on to emphasise that the vakalatnama is a valuable document in legal profession, which empowers a lawyer to act for or on behalf of his client and, as such, should be beyond the shadow of any doubt. .The Court opined that the filing of a forged 'Vakalatnama' is not a small issue, but a serious one which adversely affects the valuable legal rights and interests of litigants concerned.."Keeping in view, the larger interest of the litigants/victims,complainants or aggrieved persons specially in criminal matters and members of the bar, who believe in professional ethics, this Court feels that now it is high time to adopt some remedial measures, so the litigants or aggrieved persons are not deprived of their legal rights." the Court said..Pertinently, the Court has now proposed that along with the Vakalatnama, a self-attested copy of any identity proof (preferably Aadhar Card) mentioning the mobile number of the person concerned should also be filed or any other method adopted to ensure such incidents of forged vakalats do not re-occur. .The Judge has directed that this proposal be placed before the Acting Chief Justice for necessary directions. .How a bail hearing led to disciplinary proceedings before the Bar Council.A lawyer, advocate Ram Ker Singh, appearing for an accused man seeking bail is stated to have forged a vakalat on behalf of the complainant. .Singh's client stood accused by the complainant of offences under Sections 376(2)(i) (rape within the limits of the police station) and 506 (criminal intimidation) of the Indian Penal Code (IPC) and the offence of penetrative sexual assault under the Protection of Children from Sexual Offences (POCSO) Act. .Using the forged vakalat, another lawyer, advocate Hausala Prasad, who was not engaged by the complainant, appeared before the High Court only to state that the complainant is not opposing the bail plea. .The deceit came to light when a third lawyer, advocate Vivek Kumar Singh, raised a preliminary objection and told the Court that only he has instructions on behalf of the complainant. He submitted that an attempt was being made to obtain bail in the matter by hook or crook..When Prasad was confronted by the Court, he stated that the Vakalatnama was provided to him by advocate Ram Ker Singh. Prasad added that he was associated with Singh and that his fee to appear in the case was also given by Singh. It was further informed that the move was intended to prevent notice of the bail proceedings to the complainant. .The Court condemned the conduct of both lawyers involved, terming it an attempt to tarnish the image of the legal profession. .Prasad tendered an oral apology before the Court and said that, in future, he will take care not to repeat such mistakes. Advocate Singh, however, was unapologetic and is stated to have remarked that such a practice is nothing new and a common practice at the High Court. .Since Prasad realised his mistake and accepted his guilt, the Court did not take action against him. On his request, Prasad was also permitted to move an appropriate application to withdraw his Vakalatnama. .On the other hand, Singh did not tender an apology nor did he feel regret about his conduct, the Court observed. Therefore, the Court proceeded to refer the matter to the Bar council of Uttar Pradesh for appropriate action against advocate Singh.."Under the facts and circumstances of the case, this Court can not act as a silent spectator and has no option left, except to refer the issue of filing the forged Vakalatnama of the informant as mentioned above to the Bar Council of Uttar Pradesh for taking appropriate action/decision in the matter", the Court said. .The Bench proceeded to direct the Registrar General of the High Court to forward a copy of the order to the Chairman of the Bar Council of Uttar Pradesh for taking appropriate action..The Judge also directed that a copy of the order be circulated to all sitting judges of the High Court as well as to the Presidents of the Allahabad High Court Bar Association and the Advocates' association..In so far as the bail application in the POCSO case was concerned, the Court directed the issue of notice to the complainant through the concerned Chief Judicial Magistrate..The matter will be heard next on September 7..[Read order]