The Allahabad High Court has restrained a lawyer from entering the Courts taking note of his unethical practiceof using the identity of other Advocate by using his name and enrolment number.
The High Court took note of the alleged unethical practice of one Pal Singh Yadav while dealing with a revision petition filed against order by Sessions court in a Domestic Violence case. This came to light when counsel for the petitioner submitted that one Sri Pal Singh Yadav has not only used the enrolment number of the deponent, who is also an advocate, but also has also used the name of the deponent as counsel for his different clients, which was without any authority or any knowledge of the deponent and as such the such act of Pal Singh Yadav is not only Mischievous but against the ethics of the legal practice which needs to be dealt with by stern hands.
The Court said : “The action of Pal Singh Yadav is so grave and unethical that he deserves to be taken out of the roll of the registered practitioner not only from the Bar Council of U.P. but if it all he is member of any of the Associations he is liable to be expelled from the same as well. Such act of Pal Singh Yadav or any of his associate amounts to polluting the purest stream of justice as a lawyer is not only the officer of the court but he is indispensable in our judicial system and as such his duty towards the society as well as the Hon'ble Courts is to remain honest and put the truth as far as possible and his knowledge before the Hon'ble court but the action of the erring lawyer is such that it further erodes the already lost faith from the fraternity by the respective clients.”
The Court observed: “An Advocate has an independent identity and personality. It takes years to shape the personality and build an image. This image works althrough his life. Lot of dedication, commitment, sincerity and impeccable integrity is required to generate and sustain an image. Using somebody else's identity and name is most sacrilegious act as such outrage and annoyance of Sri Shiv Pal Singh is not unfounded and is fully justified.”
The court has referred the matter to Bar Council of Uttar Pradesh and Oudh Bar Association and said that, till a final decision is taken by State Bar Council, Pal Singh Yadav, Advocate is restrained from entering the premises of High Court, Lucknow Bench, Family Court, the court of District Judge, Lucknow and other courts subordinate to him. The court has also directed the Senior Registrar tolodge F.I.R. lodged against Pal Singh Yadav for impersonation, stealing and using the identity of other Advocate by using his name and enrolment number.
Read the order here.