2010 (12) TMI 1328 - HC - Indian Laws

Court commends progress on investigations into advocate-related crimes, suggests regulatory measures

Prashant Singh Gaur Versus State of U.P. and Ors

The court expressed satisfaction with the progress of investigations into 11 cases handled by SIT (CBI) involving violence and property crimes by ... - Issues Involved:1. Investigation and progress of cases handled by SIT (CBI).2. Allegations against various advocates.3. Confidentiality and progress of Special Income Tax Investigation Committee.4. Application for setting aside ex parte order and cross FIR assignment to CBI.5. Legal position on the application of the Code of Civil Procedure in writ matters.6. Complaints and issues raised by the petitioner.7. Measures to address criminal activities within the legal profession.8. Suggestions by the Law Commission of India.9. Proposals for regulating the realty sector to curb black money and illegal activities.10. Directions for framing rules and legislative measures.Detailed Analysis:1. Investigation and Progress of Cases Handled by SIT (CBI):The court reviewed the status report submitted by SIT (CBI), which detailed the progress of investigations into 11 cases. The court expressed satisfaction with the efforts and progress made. The report mentioned that 96 persons had been examined who might be cited as witnesses. The court listed the First Information Reports (FIRs) registered along with the names of the accused and the allegations against them, covering various incidents of violence, threats, and property-related crimes involving advocates.2. Allegations Against Various Advocates:The allegations included incidents of advocates damaging court property, assaulting court staff, threatening and assaulting individuals, and engaging in fraudulent property transactions. Specific cases were highlighted, such as the rampage by advocates led by Parshuram Mishra, threats and assaults by Shiv Sharan Upadhyay, and land grabbing by a group of lawyers through forgery.3. Confidentiality and Progress of Special Income Tax Investigation Committee:The court noted the confidential nature of the investigation by the Special Income Tax Investigation Committee and refrained from disclosing any information contained in the report. The court acknowledged that the process would take some time.4. Application for Setting Aside Ex Parte Order and Cross FIR Assignment to CBI:The court referred to the legal position regarding the application of the Code of Civil Procedure in writ matters, citing various judgments, including Puran Singh and Ors. v. State of Punjab and Ors., which clarified that writ proceedings under Article 226 of the Constitution are not subject to the procedural rules of the Code of Civil Procedure. The court allowed the application to the extent of assigning the investigation of Cross FIR 378/2010 to SIT (CBI) but rejected the prayer for setting aside the ex parte order dated 28.10.2010.5. Legal Position on the Application of the Code of Civil Procedure in Writ Matters:The court discussed the legal position elaborated by the Supreme Court, emphasizing that writ proceedings under Article 226 aim to provide speedy and efficacious remedies and are not bound by the procedural rules of the Code of Civil Procedure. The court reiterated that the High Court has the discretion to adopt its own procedure in writ matters.6. Complaints and Issues Raised by the Petitioner:The petitioner, Prashant Singh Gaur, highlighted the prevailing unruly atmosphere in the District Court premises, marked by incidents of violence and criminal activities by some advocates. The court acknowledged the seriousness of the situation and emphasized the need for extraordinary measures to address the issue.7. Measures to Address Criminal Activities Within the Legal Profession:The court issued several orders to tackle the criminal activities within the legal profession, including the constitution of a Special Investigation Team (SIT) headed by a Joint Director of CBI, and the involvement of various authorities like the Intelligence Bureau, Bar Councils, and Income Tax Department. The court also sought views from the Law Commission of India and other authorities on measures to protect the legal profession from criminal elements.8. Suggestions by the Law Commission of India:The Law Commission of India provided several suggestions, including tracking criminal cases against advocates, initiating disciplinary action based on chargesheets, and framing rules for disqualification from enrollment in case of involvement in criminal acts. The Commission also emphasized the need for verification of law degree certificates and suggested measures for expeditious investigation and trial of criminal cases involving advocates.9. Proposals for Regulating the Realty Sector to Curb Black Money and Illegal Activities:The court discussed the need to regulate the realty sector to curb black money and illegal activities. It proposed the setting up of a National Property Exchange to ensure transparency in property transactions and suggested measures like reintroducing certain provisions of the Income Tax Act, implementing Tax Collection at Source (TCS), and introducing the concept of 'Arms length pricing' for property transactions.10. Directions for Framing Rules and Legislative Measures:The court directed various authorities to consider framing rules and legislative measures to address the issues highlighted. These included framing rules by the Bar Council of India and the Central Government for disqualification from enrollment of advocates involved in criminal acts, providing a column in the enrollment application for criminal case details, and setting up a National Land Stock Exchange. The court also directed the State of U.P. to register property dealers and scrutinize their income for unaccounted wealth.Conclusion:The court emphasized the need for stringent measures to address the criminal activities within the legal profession and restore public faith in the judicial system. It directed the SIT (CBI) and other authorities to continue their investigations and submit progress reports. The court also highlighted the importance of regulating the realty sector and suggested various legislative and administrative measures to curb black money and illegal activities.