The Kohima Bar Association (KBA) is alleging that an illegal syndicate between the advocates and the police in Nagaland is hampering the criminal justice delivery system, the investigation and trial, and also violating the rights of the accused in the State.
In a press release, KBA has claimed that this growing illicit nexus compels helpless accused and their families/relatives to engage pre-arranged advocates in violation of Article 22 of the Constitution of India that entitles an accused person and an accused’s family/relatives/friends to engage an advocate of his/her choice. The Legal Services Authorities Act, 1987 provides sufficient safeguard for accused who cannot engage their own advocate, the Association informed.
The Kohima Bar Association stated:
“In many cases, when an accused is arrested in the first instance and brought to the police station or jail, the concerned police/jail officials will compel the accused and/or his/her relatives/families/friends to engage a particular advocate for bail. Vakalatnamas (legal document authorizing an advocate to represent a litigant) or phone numbers of handpicked advocates are kept at police stations/jails and the accused will be compelled to appoint a particular advocate for their court cases. Behind this illicit practice, the concerned advocate will share a percentage of the fees collected with the police, as per their pre-agreed rate. This is the commission which the corrupt officials receive.
This illegitimate syndicate between the police and the advocates is only aimed at extorting money from helpless accused, when detained in police custody. As a result, unnecessary financial strain is also put on the accused persons, including their family/relatives. It invariably happens that after the engagement of the handpicked advocate, the relatives/families are referred to or suggested other advocate(s) through their social network. But they are unable to disengage the handpicked advocate for one reason or the other. In other cases, the relatives will engage another advocate, thereby leading to a conflict with the handpicked advocate.”
KBA has said that besides affecting the integrity of the investigation, trial and the justice delivery system, the nobility of both the professions (police and advocates) is being disparaged due to this malpractice.
“Inter alia, such malpractice renders the concerned public servant punishable under the Prevention of Corruption Act, 1988 as well as liable for disciplinary proceedings under the Nagaland (Discipline and Appeal) Rules, 1967. The concerned advocates are also liable for disciplinary proceedings under the Advocates Act, 1961 for professional misconduct and can be barred from future practice”, the Association further stated.
It has also informed the concern has been taken up with the Director General of Police (DGP), Nagaland for initiating coercive steps against the erring officials. The KBA has also dissuaded its member-advocates who are engaged in such a malpractice, to immediately cease such practice
Further, the Kohima Bar Association has encouraged anyone having knowledge of such malpractice or faced such instances to inform its office.
“The KBA would like to remind all the stakeholders that no infraction can be entertained in the process of deciding the personal liberty of anyone,” it stated.
