Shivani Pandey-
Published on: August 10, 2021, at 11:57 IST
In a bail hearing of an accused under the POCSO Case, it was revealed before the High Court that the Advocate representing the accused and the complainant were acting in collusion.
The Counsel for complainant had filed forged Vakalatnama as directed by the Counsel for the accused.
Justice Sanjay Kumar Singh stated that “This action by long-standing counsels is disgraceful and against the sanctity of the profession and the institution. He emphasized the importance of vakalatnama and how it affected the interests and legal rights of the litigants concerned.”
Subsequently, the Court suggested that “Along with Vakalatnama, a self-attested copy of any identity proof( preferably Adhaar Card) listing the mobile number of the concerned person should be filed or any other method should be adopted to make sure that such incidents of forged document do not re-occur.”
The issue of forged Vakalatnama was brought to the Court’s notice by a third lawyer, Advocate Vivek Kumar Singh.
Advocate Vivek Kumar Singh stated that Advocate Ram Kher Singh appearing for an accused, who was booked under Sections 376(2)(i) (rape within the limits of Police Station) and 506 (Criminal Intimidation) of the Indian Penal Code and the offense of penetrative sexual assault within the Protection of Children from Sexual Offences (POCSO) Act had forged Vakalatnama and roped in another lawyer, Hausala Prasad to appear before the High Court and state that the complainant does not oppose the bail plea.
Advocate Hausala Prasad tendered an oral apology before the Court whereas Advocate Ram Kher Singh was unapologetic and stated that such practices are a common practice at the High Court.
“Under the facts and circumstances of the case, this Court cannot act as a silent spectator and has no option left, except to refer the issue of filing the forged Vakalatnama of the informant as mentioned above to the Bar Council of Uttar Pradesh for taking appropriate action/decision in the matter”, the Court said.
In the Bail application under the POCSO case, the Court ordered the concerned Chief Judicial Magistrate to issue notice to the complainant.
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