‘Painful to see advocates do it’: Why court ordered scrutiny of fake claim petitions in Chhattisgarh

Pattern across Chhattisgarh

• A significant aspect of the hearing was the submission made by lawyers appearing for the applicants that similar fake and fabricated claim petitions have allegedly surfaced in several districts across Chhattisgarh.
• The high court took serious note of this contention and observed that such incidents, if true, reveal a troubling trend that could have wider implications for the administration of justice in the state.
• The court remarked that the legal profession derives its credibility from honesty and fairness and that lawyers who engage in fraudulent practices damage not only their own reputation but also the standing of the institution they serve.
• “Filing of false claim cases not only amounts to abuse of the judicial process but also erodes public confidence in the justice delivery system,” the court said.
• It said such practices not only abuse the judicial process but also threaten public faith in the justice delivery system.

FIR lodged following trial court’s directions

The case relates to anticipatory bail pleas filed by advocates Vaibhav Singh and Shubham Chandravanshi. According to the high court’s order, both applicants were junior advocates working under the guidance of Senior Advocate N P Chandravanshi. They were named in an FIR along with Bhagwati Kashyap.

The FIR was registered after a competent court, following an inquiry, directed the police to initiate criminal proceedings for filing an allegedly fake claim petition before a court.

During the hearing, counsel appearing for the applicants argued that the matter required a balanced approach, particularly because the investigation was still underway and the applicants were relatively young members of the legal profession.

Bilaspur SSP to oversee probe

• Taking note of the stage of the investigation, the high court directed the senior superintendent of police (SSP), Bilaspur, to personally monitor the probe and ensure that it is carried to its logical conclusion without unnecessary delay.
• The court also ordered that a status report and progress report be submitted before both the competent court and the high court before the next date of hearing.
• The direction reflects the court’s concern that allegations involving misuse of legal processes must be thoroughly investigated and dealt with promptly.

SC monitoring similar issue

• The high court further noted that the issue is not confined to Chhattisgarh and has already attracted the attention of the Supreme Court.
• Referring to proceedings pending before the apex court in Safiq Ahmad vs ICICI Lombard General Insurance Co Ltd, the high court observed that the Supreme Court has taken cognisance of concerns regarding false and fabricated cases filed before Motor Accident Claims Tribunals and authorities dealing with workmen’s compensation claims.
• The Supreme Court has sought responses from states, the Bar Council of India, and various State Bar Councils.
• The reference indicates that concerns over fraudulent compensation claims have emerged as a national issue affecting multiple jurisdictions.

Statewide reporting mechanism

The high court instructed all principal district and sessions judges across Chhattisgarh to immediately report any instance involving fake claim cases that come to their notice.

The information is to be forwarded to the registrar general of the high court, who will, in turn, place it before the Supreme Court for further consideration.

Relief continues for junior advocates

While expressing concern over the allegations, the high court also noted that the present applicants stood on a different footing from Senior Advocate Chandravanshi. The court recorded that Chandravanshi and Kashyap were stated to be the persons who had signed the affidavit supporting the disputed claim petition.

Considering the circumstances, the bench extended the ad interim protection already granted to the two applicants. The court also exempted the applicants from personal appearance before the high court unless specifically directed to remain present.

The high court has fixed July 9 as the next date of hearing in the matter. It has also directed that copies of the order be sent to all principal district and sessions judges in the state, the senior superintendent of police, Bilaspur, and the concerned trial court for immediate compliance.