Fake Advocates?- Calcutta HC Seeks Report From Bar Council, Directs Registry Not To Accept Filing Without Advocate's Registration Number

The Calcutta High Court's Bench of Justice Md. Nizamuddin has ordered an investigation by the DIG (CID) and sought a report from the Chairman, Bar Council of West Bengal as to whether any Advocate named Avijit Pal is enrolled with the Bar Council of West Bengal.

The Court has also mandated the requirement of Advocates' registration number on the affidavit/writ petition/application that are filed in the Court.

The Court had on August 31 ordered the personal appearance of Advocate Avijit Pal at 10.30 am on September 5, after he did not appear when the matter in which he appears for the petitioner was called. The Court had also directed the Counsel for the respondent state to serve a notice along with a copy of the order on the said Avijit Pal in through Police.

When the matter was called on September 5, it was reported that the address mentioned by the Advocate was non-existent and the mobile number furnished also did not exist in his name and nobody new about such an Advocate.

"Commissioner Oath and filing section both in the Appellate Side and the Original Side henceforth shall see at the time of affirmation and filing of any affidavit/writ petition/application that the same must contain Bar Council of West Bengal's registration number of the learned Advocate-on-record.", the Court ordered.

The Court further noted that the person named Abhijit Pal is the Advocate on Record in two more writ petitions with the same address as given in the above-mentioned petition and with the same mobile number.

"Similarly, in WPA 16357 of 2022, I find that the Advocate-on-record is the person named Abhijit Pal with the same address as given in WPA No. 16358/2022 and mobile number..."

"It is matter of record that another Writ Petition being WPA No. 16929/2022 was filed by the same Advocate Avijit Pal showing same address and Mobile number in the name of one Sumona De who complained to this Court that she has never filed nor authorized any person to file such Writ Petition…", the Court observed.

The Court directed the Chairman of Bar Council of West Bengal to file a report as to whether any Advocate named Avijit Pal has enrolled his name with the Bar Council of West Bengal.

Since a person in whose name a writ petition had been filed had complained that she never filed nor authorized any person to file such writ petition and the Court had already handed over that investigation to DIG (CID), the Court directed the DIG (CID) to investigate this case also.

Government Pleader A. Ray and Additional Government Pleader T.M. Siddiqui had appeared for the Respondent-State.

The Court further directed the Commissioner Oath and filing section, from henceforth, to check that the affidavit/writ petition/application contains the Bar Council of West Bengal's registration number of the Advocate-on-record.

Cause Title- Vishwanath Pradhan v State of West Bengal & Ors.

Click here to read/download the Order