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DIMAPUR — In a disturbing disclosure, the Kohima Bar Association (KBA) has alleged an “illicit nexus” between advocates and police in Nagaland.
The nexus pertains to the alleged acts of the police to compel accused persons and their families to engage pre-arranged advocates, whereby the advocates will share a percentage of the fees collected with the police as per their pre-agreed rate.
In a press release, the KBA claimed that over the years, there has been a “burgeoning illicit nexus” between advocates and police in Nagaland, which it said, affects the criminal justice delivery system and also violates the personal liberty of accused persons.
This serious malpractice is also prevalent in other states, it said.
Pointing out that Article 22 of the Constitution of India entitles an accused person to engage an advocate of his or her choice, the association said that the right also extends to the families, relatives or friends of the accused to engage an advocate of their choice for the accused.
The Legal Services Authorities Act, 1987, provides sufficient safeguards for accused persons who cannot engage their own advocate, it said.
The KBA, however, alleged that in many cases, when an accused person is arrested in the first instance and brought to the police station or jail, the concerned police or jail officials will compel the accused and relatives to engage a particular advocate for bail.
“Vakalatnamas (legal documents authorising an advocate to represent a litigant) or phone numbers of handpicked advocates are kept at police stations/jails, and the accused will be compelled to appoint a particular advocate for their court cases.
“Behind this illicit practice, the concerned advocate will share a percentage of the fees collected with the police as per their pre-agreed rate. This is the commission that the corrupt officials receive,” the association claimed.
It went on to state that this “illegitimate syndicate” between the police and the advocates is aimed at extorting money from helpless accused persons when detained in police custody.
As a result, unnecessary financial strain is exerted on the accused persons, including their families and relatives, it said.
“It invariably happens that after the engagement of the handpicked advocate, the relatives/families are referred to or suggested other advocate through their social network. But they are unable to disengage the handpicked advocate for one reason or the other. In other cases, the relatives will engage another advocate, thereby leading to a conflict with the handpicked advocate,” the association said.
As a consequence, the integrity of the investigation, trial, and the justice delivery system are ultimately tarnished and affected, the essence of Article 22 of the Constitution violated, the DBA said and added that ultimately, the nobility of both the professions—i.e., police and advocates—is also disparaged.
Inter alia, such malpractice renders the concerned public servant punishable under the Prevention of Corruption Act, 1988, as well as liable for disciplinary proceedings under the Nagaland (Discipline and Appeal) Rules, 1967, it said.
Besides, the concerned advocates are also liable for disciplinary proceedings under the Advocates Act, 1961, for professional misconduct and can be barred from future practice, the KBA said.
Informing that the association has also taken up the issue with the state director general of police for initiating coercive steps against the erring officials, the KBA reminded its member-advocates who are engaged in such malpractice to immediately cease such practices.
“The KBA further encourages anyone having knowledge of such malpractice or who has faced such instances to inform its office. The KBA would like to remind all the stakeholders that no infraction can be entertained in the process of deciding the personal liberty of anyone,” it added.