The bench of Supreme Court of India consisting of Justice M.R. Shah and Justice Sanjiv Khanna vide the Order dated 16.11.2021 in SLP No.1110/2017 titled as Safiq Ahmad Vs ICICI Lombard General Insurance Co. Ltd. & ors. had taken serious note of the issue relating to Advocates involved in filing fake claim petitions under Motor Accident Claims Tribunal and Workmen Compensation Act.
The Court observed that consequent to the direction passed by the High Court of Allahabad, Lucknow Bench, Lucknow to the Special Investigating Team, U.P., Lucknow for investigation of the cases of suspicious claims, total 233 suspicious claims of various insurance companies have been dismissed or dismissed in default or not pressed due to of which various claim petitions claiming amount of Rs 300,76,40,000 have been rejected by the Tribunals.
The SIT was constituted by the High Court to look into the filing of the fake claim petitions and with the specific purpose for investigating the issue. Still, the investigation in most of the cases/FIRs is reported to be pending.
The Court further observed that
“out of total 92 criminal cases in various districts registered till date, of which 28 advocates have been named as accused persons in 55 cases, the investigation has been concluded/completed in 32 cases and the change sheet has been filed. In rest of the cases, the investigation is stated to be pending.”
The Court vide its order dated 05.10.2021 requested the Chairman, Bar Council of India Manan Kumar Mishra, Senior Advocate to look into the matter.
On 16.11.2021, the Chairman, Bar Council of India had to state before the Supreme Court that the Bar Council of Uttar Pradesh was not co-operating in sending the names of the Advocates who are indulged in such illegal activities of filing such fake claim petitions. However, Mishra assured the Court that if the Bar Council of India receives the names of the Advocates involved in filing fake claim petitions, the necessary disciplinary action shall be taken by the Bar Council of India against them immediately. Pursuant to such submission the Court directed the SIT to send to Bar Council of India the list of Advocates involved in filing the fake claims against whom the FIRs/Charge sheets are filed within a period of three days from the date of the order, whereupon such lists was sent by SIT to Bar Council of India.
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The General Council of the Bar Council of India in its meeting dated 19.11.2021 vide Item No.546/2021 duly considered the afore-referred Order dated 16.11.2021 along with two lists i.e. (1) the details of the Advocates against whom FIRs have been registered; and (2) the details of the Advocates against whom the Charge Sheet has been filed in the concerned Courts after investigation, which was provided by the SIT to Bar Council of India on 16.11.2021 through email.
The Council, after thorough discussion and deliberation, has resolved to put 28 Advocates under suspension whose names are listed in FIRs/Charge-Sheets, till the proceedings against them are completed.
The Bar Council of India has also directed the State Bar Council of Uttar Pradesh to initiate disciplinary proceeding against these Advocates and conclude the inquiry within a period of three months and submit the report of the same to the Bar Council of India.