SC orders BCI to take action against UP advocates filing fake motor accident claims

Satya Prakash

Tribune News Service

New Delhi, October 15

The Supreme Court has directed the Bar Council of India (BCI) to take action against advocates from Uttar Pradesh who allegedly filed fake motor accident claims.

A Bench headed by Justice MR Shah issued the direction to the BCI ndash; which regulates the legal profession in India—after the UP state bar council failed to take appropriate action in the matter.

“It appears that the bar council of state is not interested in taking action and, therefore, now the Bar Council of India has to step in and take appropriate action against the erring advocates, who are found to have indulged in filing of such fake claims. Such Report shall be filed by the SIT in a sealed cover before this Court on or before November 15, 2021,” the Bench said, posting the matter for further hearing Put up on November 16.

Pulling up the Bar Council of Uttar Pradesh for failing to act against the advocates filing fake claims under Motor Accident Claims Tribunal and Workmen Compensation Act, the top court termed its inaction in such a serious matter as “very unfortunate”.

“It shows the callousness and insensitiveness on the part of the Bar Council of UP. Shri Manan Kumar Mishra, learned senior counsel and Chairman Bar Council of India to look into the same,” the Bench said in its October 5 order.

The UP Government told the court that the Special Investigation Team (SIT) had been set up following the Allahabad High Court’s October 7, 2015 order in this regard.

The top court directed the SIT to forward the name of the advocates against whom prima facie cases of cognizable offences were disclosed in a sealed cover by November 15 for being handed over to the BCI for further action.

The SIT had received a total 1376 complaints/cases of suspicious claims out of which enquiry into 246 cases of suspicious claims had been completed till date. After having found prima facie offence of cognizable offence in nature against total 166 accused persons which included petitioners/applicants, advocates, police personnel, doctors, insurance employees, vehicle owners, drivers, etc. and total 83 criminal complaints had been registered in various districts, the court was told. The enquiry of remaining cases of suspicious claims was underway, it was informed.