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Gauhati HC fines two lawyers for representing 'non-existing' petitioner for six years

By The Assam Tribune
Gauhati HC fines two lawyers for representing non-existing petitioner for six years
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Photo: AT

Guwahati, March 29: The Gauhati High Court imposed a fine of Rs 50,000 each on two lawyers for dragging a case for six years on behalf of a non-existent client.

The Gauhati HC on March 23 has further sought an inquiry into the matter and directed the Bar Council of Assam to take appropriate action against the two lawyers— H.S. Kalsi and R.S. Sadiyal if found guilty.

As per reports, the case in question was filed by one Beolin Kharbhih (petitioner) who claims to be a distant relative of one Sankar Prasad Nath, Ex-Deputy Superintendent of Police, CID, Assam.

The petitioner said that Nath was entrusted with some sensitive cases involving politically influential persons of Assam and Meghalaya for which he was receiving threats. The petitioner claimed that no action was taken and the officer was killed in a hit-and-run case. Moreover, his wife also died under mysterious circumstances, said reports.

A single-judge bench of Justice Sanjay Kumar Medhi while imposing the fine observed: "What is astonishing is that the judicial process has been successfully taken for a ride for the last more than six years by instituting and continuing a case by a non-existing person. The role of the counsel who appeared for the non-existing petitioner is absolutely important as the counsel had accepted the case of the petitioner by signing the Vakalatnama and taking all steps from time to time on behalf of the non-existent petitioner.”

Reports further said that during the course of the litigation, the status report filed by the government advocate stated that the CID could not find any clue to establish the existence of the petitioner.

“…investigation revealed that no person in the name of Ms Beolin Kharbhih (petitioner) exists,” the court’s order said.

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