In a significant ruling, the Allahabad High Court, in the case of Mohd. Pervej And 2 Others v. State of U.P. And 6 Others, delivered a strong message on the importance of honesty and integrity in legal proceedings. The case (Writ - B No. 2933 of 2023) revolved around the petitioners misleading the court through incorrect statements. The court not only dismissed the petition but imposed a heavy fine of ₹2,00,000 on each petitioner, demonstrating its zero-tolerance policy towards falsehood in judicial proceedings.
The Case Background
The petitioners, represented initially by advocate Shyam Sunder Tripathi, later engaged another advocate, Arun Kumar Singh. They submitted a Vakalatnama, supported by an affidavit, stating that they were dissatisfied with the work of their former counsel, Tripathi, and claimed they had asked him for a No Objection Certificate (NOC) to change representation, which he allegedly refused to provide. Based on this, the petitioners sought to change their legal representation.
Court Proceedings and Findings
However, when the case came before Hon'ble Justice Saurabh Shyam Shamshery, Advocate Tripathi argued that the petitioners had neither approached him for the NOC nor requested the return of their case files. He strongly objected to the contents of the petitioners' affidavit, which made serious allegations against him.The court carefully examined the conduct of both parties and found that the petitioners had made incorrect statements under oath. Moreover, the newly engaged advocate, Arun Kumar Singh, was notably absent from the proceedings, failing to support the claims made in the affidavit.
The Judgment
Based on the evidence, the court determined that the petitioners' actions were not in good faith. Justice Shamshery, in his judgment, emphasized the importance of truthfulness in the legal process and observed that the petitioners' behavior was not only unprofessional but also deceptive. The court had no doubts about the integrity of Advocate Tripathi, a senior and respected counsel, and took strong exception to the false allegations made against him.As a result, the writ petition was dismissed with a heavy cost of ₹2,00,000 imposed on each petitioner. The amount is to be deposited with the High Court Legal Services Committee within four weeks from the date of the judgment. Failure to comply will result in further legal proceedings against the petitioners.
Conclusion
This judgment serves as a stark reminder of the importance of honesty and respect for legal ethics. The imposition of a substantial fine underscores the court's commitment to upholding the sanctity of the legal process and its intolerance for any attempts to mislead or manipulate the judiciary. This case should act as a deterrent to litigants and legal professionals alike, reinforcing the need for transparency and truthfulness in every stage of judicial proceedings.
Order Date: 5th September 2024
Court No.: 74
Neutral Citation: 2024:AHC:144840
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