Allahabad HC orders stern disciplinary action after lawyers found guilty of fraud
Prayagraj, July 31: During the hearing of a review petition by the Bareilly Development Authority in the Allahabad High Court, it was revealed that the opposing lawyers had defrauded the court. The court took a tough stand on this and ordered disciplinary action against those lawyers.
This case relates to the acquisition of land (Khasra No. 135) in Dohaniya village, Bareilly, which the Bareilly Development Authority had acquired for development work. The award for the process, which was initiated under the Land Acquisition Act 1894, was announced on April 26, 2016, under the new Land Acquisition Act 2013. Rampal and other opposing lawyers had filed a petition seeking interest for the delayed payment.
The original award simply stated “interest will be payable as per rules,” while the typed copy attached to the petition deliberately added that interest would be payable at 9% per annum in the first year and 15% per annum thereafter, a fact not mentioned in the original award. Relying on this doctored copy, the court ordered the authority to pay the amount at this interest rate on May 24, 2024.
When the authority examined the records, the fraud was discovered and it filed a petition for review of the order. Meanwhile, the respondents filed a contempt petition and pressured the authority, forcing the authority to pay at the disputed rate.
A division bench of Justices Atul Shridharan and Kshitij Shailendra rejected the lawyers’ apology, stating that it was not a typo but deliberate dishonesty. The court stated that genuine remorse is different from an apology offered out of fear of being caught. This apology came only because the lie was discovered.
The court also commented on the dignity of the legal profession, noting that ordinary citizens approach lawyers under compulsion and place complete trust in them; therefore, letting offenders lightly would send a wrong message to the bar.
The court vacated its May 24, 2024, order, as it was obtained through fraud. The authority was directed to immediately initiate proceedings to recover the amount as revenue arrears from the beneficiaries who received payments at the incorrect rates.
The Registrar General was directed to investigate under Section 340 of the Code of Criminal Procedure and file a complaint with the concerned Magistrate Court under Section 199 of the Indian Penal Code (fabricating false evidence, punishable under Section 193).
The Registrar General was also directed to submit a complaint to the Bar Council of India and the Uttar Pradesh State Bar Council to cancel the licenses of these lawyers (Shiv Kant Mishra and Krishna Kant Mishra). The decision will also be presented to the relevant court in other cases where this cancellation order has been cited. The court also accepted the review petition filed with a delay of 66 days, considering the circumstances.
