Madras High Court Calls For Inquiry On Claim That Senior Advocate Took Rs 50 Lakh From Client On Pretext Of Bribing Judge
A Madras High Court judge recently recused from hearing a case after All India Lawyers Association for Justice (AILAJ) alleged that a senior advocate had taken a sum of Rs 50 Lakh from the client in the name of bribing the judge for passing suitable orders.
Justice Nirmal Kumar recused from hearing the case and directed that the matter be placed before the Chief Justice for posting before an appropriate bench and for issuing appropriate orders to the Vigilance Cell so that an enquiry could be conducted and appropriate action could be taken.
“In view of specific allegations contained in the representation given by All India Lawyers Association for Justice (AILAJ), Chennai, this Courts finds that it is appropriate that the issue to be referred to the Vigilance Cell of the Madras High Court. Hence, this Court is not inclined to hear this case. It is appropriate that the matter is placed before the Hon'ble Chief Justice for posting before an appropriate Bench and also to issue appropriate directions to the Vigilance Cell to conduct enquiry and to take appropriate action in this regard,” the court said.
The court was taking up criminal revision petition filed by N Ganesh Agarwal against the order of the Special Court for CBI Cases, dismissing his discharge petition and also seeking to quash the chargesheet filed against him.
The cases against Agarwal was that he entered into criminal conspiracy between 2008-2009 and cheated Metal and Minerals Trading Corporation of India to the tune of Rs.113.38 Crores, by speculating in Indian Rupees- US Dollar foreign exchange fluctuation and intentionally omitted to take forward cover for the purchase made under the Buyers Credit Scheme.
On February 5th, when the matter was taken up for further hearing, the Registry received a communication from the Ministry of Law and Justice, Department of legal affairs. The Ministry had forwarded a representation received by it from the AILAJ.
In its representation, the AILAJ said that a senior advocate collected Rs 50 Lakh from the client stating that the money was to be given to the judge. The representation said that even after receipt of the money, no orders had been passed and called upon the judge to either pass suitable orders or initiate suitable action.
When the court inquired with the senior advocate appearing for the client in the case, he said that the allegations were totally false and that he was ready to cooperate with any kind of enquiry in this regard. The Special Public Prosecutor submitted that the representation should not be entertained and that such representations affect the dignity of the courts.
In view of the allegations, the judge thought it appropriate that the matter e referred to the Vigilance Cell and decided to recuse from hearing the case.
Counsel for Petitioner: Mr.M. Murali Kumaran Senior Counsel for Mr.R.Gopinath
Counsel for Respondent: MR.K.Srinivasan Spl. Public Prosecutor for CBI Cases
Case Title: N Ganesh Agarwal v. The Inspector of Police
Case No: CRL RC No. 1191 of 2015