The Orissa High Court recently refused to dismiss a criminal case against a lawyer accused of accepting money, gold and property documents from a client in exchange for favorable bail results from a now-retired High Court judge.

A single bank comprising Justice Sibo Sankar Mishra emphasized the need for strict measures to uphold public confidence in the judiciary and directed the Orissa State Bar Council to hold an inquiry into the allegations against the petitioner-advocate.

“As regards the prayer to quash the FIR as sought in the present petition, this Court is not inclined to do so as the allegations are not only at an early stage of investigation but are as serious as and the name. was dirty of a former judge of this court. The informant gave minute details of the claims made which correlate with the period in which the case was pending in this court. The present application is therefore dismissed with a cost of Rs.10,000/- (Rupees ten thousand) to be filed by the petitioner before the District Legal Services Authority, Cuttack within two weeks.”the court said.

Following her husband’s refusal of bail, the informant allegedly provided Rs. 16,35,000, gold jewelery and title deeds at the direction of the petitioner-advocate to secure the release of her husband by bribing the Judge.

The FIR includes phone messages and photographs as evidence, with the informant claiming that after her husband’s refusal, the petitioner demanded an additional 16 lakhs for a fresh application.

When she demanded the return of the files, money and property documents, the petitioner allegedly refused and threatened her, claiming judicial influence to block her husband’s bail.

The informant alleges that the petitioner submitted false bail applications using her husband’s signature and subsequently failed to honor her promise to return her money and documents, prompting her to lodge an FIR against the petitioner.

Considering the allegations to be serious, the Court was not inclined to dismiss the case against the petitioner and instead recalled the role of bar councils to watch over the professional ethics of the professional on account of taking action against “a few black sheep who can shake the credibility of the profession and therefore put other members of the Bar in jeopardy”.

Referring to the case of R. Muthukrishnan Vs. Registrar General, Madras High Court, the Court observed that law being a noble profession must refrain from engaging in collusion and corruption and instead maintain ethical standards in the profession.

“It is the ethical duty of lawyers not to expect any favors from a Judge. He must rely on precedents, read them carefully and avoid corruption and collusion of any kind, make no false pleas and avoid twisting the facts. In a profession, everything cannot be said to be fair even in the struggle for survival. The ethical standard is uncompromised Judges or his colleagues or engage in misconduct, this is the most sinister and damaging act that can be done to the entire legal system.”

Since the allegations of professional misconduct against the petitioner should be looked into by the Bar Council under the Advocates Act, 1961, the Court directed the State Bar Council to hold an inquiry to give a fair chance to both parties.

“In view of the foregoing discussions, before disposing of this application, the Court deems it necessary to issue such directions, in the facts of this case, as are necessary to serve the cause of justice. This Court, therefore, directs the Bar Council of Orissa to conduct an inquiry into the allegations and giving ample opportunity to all concerned to participate in the proceedings.”

Therefore, the request was rejected.

Appearance:

For Petitioner: Mr. Surya Narayan Biswal, Advocate

For Opp. Party: Mr. Sangram Keshari Mishra, Additional Standing Counsel

Case Title: Sambit Samal vs State of Odisha

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