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Lawyer Uses Enrolment ID Of His Namesake Lawyer While Filing Vakalatnama: Jharkhand HC Refers Matter To BCI, State Bar Council

Sparsh Upadhyay
5 Aug 2022 10:38 AM GMT
Jharkhand High Court, Lawyer, Enrolment ID, Namesake Lawyer, Filing Vakaltnama, Refers Matter, BCI, Jharkhand State Bar Council,
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While noting that a lawyer before it had used the enrolment id of his namesake while filing the Vakalatnama in a matter, the Jharkhand High Court on Wednesday referred the lawyer's matter to the Bar Council of India as well as to the Jharkhand State Bar Council.

The bench of Justice Sanjay Kumar Dwivedi has directed the Bar Council of India and Jharkhand State Bar Council to look into the matter and submit a report within four weeks, after which, the Court will take a call about the lodging of the First Information Report against the delinquent lawyer named Rajeev Lochan.

Essentially, the Court was hearing a criminal writ petition filed by one Nand Kishor Gupta through his counsel Rajeev Lochan, who is a practising lawyer of Delhi High Court and his Enrolment No. is D/412/2011.

However, when the matter came up before the Court, a practising lawyer of the Jharkhand High Court (Rishi Chandan) pointed out that the Lawyer appearing for the writ petitioner (Rajeev Lochan) had used the Enrolment of his senior (Rajiv Lochan) while filing the vakalatnama.

It was Chandan's submission that the spelling of the name of his senior is Rajiv Lochan whereas the spelling of this advocate is Rajeev Lochan.

On the other hand, another advocate submitted that Rajeev Lochan (delinquent lawyer) had sent him his vakalatnama from Delhi in which Enrolment No. 3325/2000 was disclosed and that he had filed the vakalatnama as it was received by him.

In view of this, prima facie finding that while filing of the vakalatnama, interpolation had been made by the counsel appearing for the petitioner namely, Rajeev Lochan, the Court referred the matter to the Bar Council of India and Jharkhand State Bar Council.

The Court also observed that this practice looms large in the entire country and that the Supreme Court, as well as the High Courts, have already shown concerns regarding the emergence of fake lawyers.

"In one of the matter, the Hon'ble Supreme Court has directed the Bar Council of India to find out fake lawyers and probably the Bar Council of India has taken certain steps pursuant to direction of the Hon'ble Supreme Court," the High Court noted as it fixed the matter for further hearing on September 19, 2022.

Case title - Nand Kishor Gupta @ Nand Kishor Ram v. The State of Jharkhand through Director General of Police Jharkhand, Ranchi and others [W.P.(Cr.) No. 425 of 2021]

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