Madras High Court Orders Arrest Of A Fake Advocate

The Madras High Court has directed the Police authorities in Chennai to arrest a fake advocate who had produced a fake law degree before the Court.

The Bench of Justice S.Vaidyanathan and Justice A.D. Jagadish Chandira held, "Cases in the nature of job racketing and creation of false documents have been mushrooming now-a-days and such persons involved in the offences should be crushed with iron hands and they shall not be allowed to go scot-free."

"…we hereby direct the Commissioner of Police, Chennai City Police to depute an Officer in the rank of an Assistant Commissioner of Police, Central Crime Branch (CCB), Chennai, who shall register a case in accordance with law, arrest the 4 th respondent for production of a fabricated document before this Court, conduct a thorough investigation, including his schooling and file a final report in this case.", the Court directed.

The Court also directed the investigation officer to publish the photograph of the fake advocate in newspapers circulated in Tamil Nadu to find out whether he had deceived any other person by posing as an Advocate.

In this case, a Habeas Corpus Petition was filed by the petitioner seeking directions from the Court to produce her adopted son, who was allegedly illegally detained by the step-sister of the detenu and by a man who claimed to be an advocate.

Pursuant to the earlier orders of the Court, the detenue was now in the custody of the petitioner.

Advocate P. Thiyagaraj appeared for the petitioner whereas State was represented by Advocate M. Velmurugan.

When the matter was taken up again, the Court questioned the man who claimed to be an advocate about the allegation against him in respect of his fake posture as an advocate. In response to this, he furnished a law certificate alleged to be issued by Bharathidasan University.

The Court took the assistance of counsel appearing for Bharathidasan University to ascertain the genuineness of the said certificate. The Counsel for Bharathidasan University produced an Email communication received from the Controller of Examination which stated that the said law degree was not genuine.

"From the above reply, it is crystal clear that the Degree Certificate produced by the 4 th Respondent is not a genuine one. Despite the same being pointed out to him, the 4 th Respondent, who is present before this Court, instead of repenting for his act, has the audacity to state that he had studied and completed Law in Government Law College, Trichy and is a Law Graduate, besides producing the Degree Certificate, claiming it to be original…", the Court noted.

The Court directed the police authorities to arrest the fake advocate while also directing for registration of criminal case against persons involved in the fabrication of documents.

"This is indeed a case requiring registration of a criminal case and appropriate action needs to be taken against persons, who are involved in the fabrication of documents. Cases in the nature of job racketing and creation of false documents have been mushrooming now-a-days and such persons involved in the offences should be crushed with iron hands and they shall not be allowed to go scot-free.", the Court opined.

The Court also directed the Bar Council of Tamil Nadu to conduct an enquiry so as to ascertain as to whether any other complaint was pending as against the man, who claimed to be an Advocate.

Cause Title- D. Shanthi v. The State of Tamil Nadu

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