P&H High Court Bench hunting: State Bar Council gives clean chit to two senior lawyers

The Privilege Committee of the Bar Council of Punjab and Haryana (BCPH) has given a clean chit to Senior Advocates Rakesh Nehra and Puneet Bali in connection with an ongoing probe into allegations of Bench hunting at the Punjab and Haryana High Court.

In an order passed on August 21, the committee noted that both Nehra and Bali, along with their associates, had fully cooperated with the inquiry, and that no material had surfaced against them.

The Bar Council committee added that their reputation and integrity remain untarnished, and that no further information was required in the matter from their offices.

"Upon perusal of the records and replies submitted, the Committee is of the considered view that further assistance from the offices of Sh. Rakesh Nehra and Sh. Puneet Bali, Senior Advocates, is not required in the present inquiry. No material has surfaced against them or their associates, namely Sh. Sauhard Singh, Advocate, Rupender Singh, Advocate, Ms. Bindu Tanwar, Advocate, Sh. Ankit Yadav, Advocate, Sh. Anmol Chandan, Advocate, Sh. Gagandeep Singh, Advocate, and Sh. Aakash Sharma, Advocate. On the contrary, both Senior Advocates have extended full cooperation throughout, reflecting their commitment to transparency, integrity, and the highest standards of professional ethics. The Committee, therefore, records that the reputation and integrity of Sh. Rakesh Nehra and Sh. Puneet Bali, Senior Advocates, along with their associates, remain untarnished, and no further information is required from their offices," the committee held.

Recently, the Privilege Committee had issued notices to several senior lawyers, including Nehra and Bali, in connection with their appearance in a case in which allegations of Bench had hunting surfaced.

The case pertains to bribery allegations against a judicial officer. Many judges, including the Chief Justice, have recused from hearing the quashing petition filed by a businessman, who is a co-accused in the case.

Senior Advocates Nehra and Bali were among those who represented the businessman on different dates.

The case hit headlines in May when, following certain complaints, Chief Justice Sheel Nagu de-listed it from single-judge Justice Mahabir Singh Sindhu of the High Court, 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, he 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.

Later, Justice Jasjit Singh Bedi also recused from hearing the case.

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.

The Privilege Committee of the BCPH was eventually tasked with holding an inquiry into the Bench hunting allegations, and submitting a report or recommendations.

While exonerating Senior Advocates Nehra and Bali in the matter, the committee observed that it could not overlook the larger issue revealed during the inquiry.

"Strategy of 'Bench Hunting' appears to have been orchestrated by vested interests forming a clandestine nexus among certain elements of the Real Estate, Financial, and Industrial sectors. By wielding monetary influence, they have attempted to undermine the administration of justice. The Committee likens this phenomenon to the poliovirus: it silently attacks the spinal cord, leading to weakness and paralysis," it said.

The committee expressed concerns that this 'virus' of Bench hunting and forum shopping has been spreading insidiously within the legal system.

"While many acknowledge its existence, few raise their voices, thereby endangering the nobility of the profession. The powerful lobbies of real estate and industry are attempting to erode this noble profession through their wealth and influence," it added.

Recognizing the seriousness of the issue, the committee has now invited advocates, affected persons, and members of the public to share any relevant information or complaints on its official email -privilegecommitteebcph@gmail.com or WhatsApp number (77400-03408).