The duty of Bar Councils to verify and eliminate fake lawyers to uphold the integrity of the legal profession.

JUDGMENT :

Today, this matter has been argued by Mr. Rajeev Lochan who is practising lawyer of Delhi High Court and his Enrolment No. is D/412/2011.

2. Mr. Rishi Chandan, who is practising lawyer of this Court pointed out that his senior is Mr. Rajiv Lochan and his Enrolment No. is 3325/2000 and his Enrolment Number has been used in filing valalatnama. He further submits that spelling of the name of his senior is Rajiv Lochan whereas the spelling of this advocate is Rajeev Lochan.

3. Mr. Jagdeesh, who is practising lawyer of this Court fairly submits that Rajeev Lochan who is arguing this matter sent vakalatnama in which Enrolment No. is 3325/2000 disclosed and he has filed the vakalatnama as it is he received. The entire documents have been sent by Rajeev Lochan from Delhi.

4. Prima facie, it appears that in filing this vakalatnama interpolation has been made by counsel appearing for the petitioner namely, Rajeev Lochan.

5. Accordingly, this matter is referred to the Bar Council of India as well as Jharkhand State Bar Council who will enquire into the matter.

6. This practice is looms large in the entire country. The concern has been shown by the Hon’ble Supreme Court as well as High Courts. In one of the matter, the Hon’ble Supreme Court has directed the Bar Council of India to find out fake lawyers and probably the Bar Council of India has taken certain steps pursuant to direction of the Hon’ble Supreme Court. The Chairman of Bar Council of India himself has disclosed about fake degrees before Central Information Commission Satya Pal Tyagi v. Bar Council of Delhi, reported in 2016 SCC OnLine CIC 11172. Para 4 and 5 are quoted here-in-below:-

“4. Justice is essential need of citizenry in democracy and lawyers are omnipotent in the justice delivery system. There is no greater professional calling than to stand as a lawyer at the bar of justice and breathe life into the law by asserting and defending the rights of citizens. The legal fraternity should never lose sight of respect this profession commands. Relevance can be placed on shocking revelation by Bar Council of India Chairman Mr. Manan Kumar Mishra saying ‘results of an ongoing verification process may surprise many and far exceed the initial estimates that over 30% lawyers have fake degrees'.

5. The Commission observes that clientele and general public have right to know what action is initiated by Bar Council of India to verify and weed out forged certificates. It's a matter of serious public concern and in larger public interest of justice system. The Bar Council of India, a prestigious statutory organization of a reputed profession of advocates has a duty to protect faith of millions of seekers of justice. When it is officially stated that 30% of educational qualification of its members are suspicious, it is their duty to inform if they have weeded out membership of such persons after proof of suspicion. Any advocate having a forged degree is not just a black sheep among the black coats but represents a cancerous misconduct which has to be surgically removed. If a person wants to become a lawyer by illegal means, the law will suffer, the justice will become a mirage, and finally credibility along with rule of law will crumble. Bar Council of India has duty to ensure that this great edifice does not crumble. Though the Bar Council of India, a statutory body under the Advocates Act, 1961 which is under duty to eliminate such fake lawyers in order to reinstate the faith which is to be reposed in this profession, has introduced a mechanism/procedure for ascertaining the number and identify such fake or non-practicing lawyers and with that purpose by framing Bar Council of India Certificate and Place of Practice (Verification) Rules, 2015, but the time frame by when this process will be completed is not certain. More so, it is deplorable to see that advocates having suspended licenses are still allowed to practice when the appellant brought to the notice of the Commission that a