Delhi HC grants bail to advocate, bars him from appearing in

Granting bail to an advocate who had forged documents for his client, the Delhi High Court barred him from appearing in the courts till the time he is cleared from the disciplinary proceedings initiated by the Bar Council of Delhi.

Taking strong exception on the conduct of advocate Sharad Kumar Agrawal, Justice Kailash Gambhir yesterday said the allegations of filing fictitious case with fake names and addresses, forged documents, misusing and abusing the process of court constitutes very serious act and deserves strongest condemnation, especially committed by those on whose shoulders the edifice of administration of justice rests.

Justice Gambhir suggested to the Bar Council to rise to the occasion and take strong action against such unscrupulous lawyers.

The stream of justice should be kept clean and pure, anyone who spoils its purity should not be spared, however well connected he may be, Justice Gambhir added.

The case pertains to a matter in which advocate Agrawal allegedly filed a frivolous petition for his client R K Nanda, ex-director of M/s Durga builders.

Since the company Durga Builders was under legal tussel, a forged application was filed by one Ms Manjit Kaur seeking recovery of her Rs 1.25 lakh from Durga Builders due for supply of security gaurds. The company showed its inability to pay and liquidation orders of Durga Builders were procured from the court.

On the one hand investors were awaiting their flats or refunds from Durga Builders and on the other the company procured liquidation orders and started selling their assets secretly. Investigations show that the court orders were procured on the basis of forged documents which were allegedly prepared by Agrawal.

The lady Ms Kaur and her firm M/s Kumar Security Syndicate were non-existent entities. The supply of security guards to M/s Durga Builders were merely paper entries, the investigations revealed.

Mr Sanjay Lao additional public prosecutor told the court that Agarwal was an active conspirator and connived with Mr Nanda to secure a decree against one Mr Arun Mehra and Ms Seema Mehra. Even a lawyer Vishesh Jain under whose signatures the affidavits were filed was a non-existent entity, Mr Lao told the court.

Mr Sunil Mittal lawyer for Agarwal refuted all charges against his client and said he is in custody for the past two months and bail may be granted to him as he is no longer required for interrogation.

Granting bail to Agarwal, the court directed him to furnish a personal bond of Rs one lakh and a surety of the like amount. The court made it clear that the advocate will not appear in any court of law, any tribunal, judicial or quasi to represent his client till the time he is finally cleared from the contempt proceedings initiated against him by the Bar Council.

Bar Council is the authority which looks into the allegations of misconduct of lawyers and is empowered to cancel the licence of a lawyer if found guilty.