P&H High Court Bench hunting: Bar Council exonerates 17 lawyers, M3M directors after enquiry

The Privilege Committee of the Bar Council of Punjab and Haryana has cleared all the lawyers and other individuals to whom it had earlier issued notices in connection with allegations of bench hunting at the Punjab and Haryana High Court.

"The Committee finds no reason to suspect any mala fide intent on the part of the lawyers and litigants involved in these proceedings," the Chandigarh-based body said in decision dated October 28.

In August, the State Bar Council had issued notices to over 19 lawyers and two Directors of the M3M company.

The controversy pertained to the quashing petition filed by M3M Director Roop Bansal, who is a co-accused in a judicial officer bribery case.

The matter had hit headlines in May when, following certain complaints, Chief Justice Sheel Nagu de-listed it from single-judge Justice Mahabir Singh Sindhu who had heard the matter at length and reserved it for judgment.

Chief Justice Nagu then started hearing the case himself. However, after hearing the case for a considerable period, Chief Justice Nagu himself recused from the matter on the ground that he had dealt with the matter on the administrative side by delisting it from Justice Sindhu. Many other judges had earlier recused from hearing Bansal's plea.

During a hearing of the case in May, Chief Justice Nagu had hinted at bench hunting in the matter when he said that a particular lawyer was taken as the filing counsel only to get the case de-listed from a particular judge.

Senior Counsel Abhishek Manu Singhvi, Mukul Rohatgi, Puneet Bali and Rakesh Nehra appeared for the businessman on different dates.

After the Chief Justice's remark on bench hunting was reported by media, the Bar Council Chairman had asked the privilege committee of the statutory body to take up the matter and submit a report after holding proceedings on a day-to-day basis.

Bali, Nehra and at least 17 other lawyers along with M3M Directors Bansal and Yateesh Wahal were then issued notice in the matter.

In the notice, the Committee had remarked that it "is very painful and disturbing" to discuss here that how "tactfully, systematically and in an organized manner, some of the advocates made efforts to hunt the Bench".

Following initial proceedings, Bali and Nehra were given clean chit by the Committee in August itself.

In the final decision, the Committee said it found no evidence suggesting any coordinated or deliberate efforts to obtain a favorable order through forum selections by any of the advocates or litigants.

"After an exhaustive review of written responses, statements, WhatsApp messages, emails, and multiple rounds of interaction with individuals connected to the mater-both legal professionals and associates- the Committee found no credible evidence of any coordinated effort or manipulation aimed at securing a favorable order from a particular bench," it added.

The Committee said the media reports, which carried the oral remarks of the Chief Justice, did not have any evidentiary value. The court order contains no indication or observation suggesting that any of the lawyers or litigants engaged in bench hunting or forum shopping, it noted.

"Despite this, certain media outlets published reports implying that the Hon'ble Chief Justice had hinted at such conduct. A careful reading of the judicial order reveals no such remarks. These articles are factually incorrect and misrepresent the proceedings. The allegations raised by some Bar Council members appear to be based solely on these unverified media reports, which lack any evidentiary value and are not supported by the judicial record," the Committee said in the order.

It went on to appreciate Bali, Nehra, Senior Advocate RS Rai and Advocate Vijay Aggarwal for cooperating in the inquiry.

"All individuals involved cooperated fully with the inquiry and participated without reservation," the Committee said, while referring to other lawyers and M3M Directors.

The matter now stands closed with submission of report to the Bar Council Chairman.