After the Apex Court’s rap, the Bar Council of Uttar Pradesh has decided to terminate the licences of Advocates involved in the submission of fake claims under the Motor Accident Claims Tribunal & the Workmen Compensation Act.
Earlier this month on Oct 5, a double Judge bench of Justices MR Shah & AS Bopanna of the Supreme Court had shamed the Bar Council of UP for not acting against Lawyers found to be submitting fake claim appeals & said that the “unfortunate” situation reflected “callousness & insensitivity” on the part of the bar.
Following Supreme Court’s castigation, the Uttar Pradesh Bar Council said it will cancel all such lawyers’ licence for legal practice.
He added that “All directives of the Supreme Court will be followed in this regard,” said Prashant Singh, member–secretary of the UP bar council. “This act falls in the category of misconduct of lawyers".
While fixing Nov 16 as the next date of hearing in the case, the Top Court has ordered the UP Govt to submit list of all such lawyers in a sealed envelope by Nov 15.
A special investigation team of the UP Govt has been investigating cases of lawyers causing loss of several crores to insurance companies by submitting fake claims under the Motor Accident Claims Tribunal & Workmen Compensation Act as per an Oct 7, 2015 order given by the High Court of Allahabad. The cases of such fraudulent conduct were forwarded by private insurer ICICI Lombard General Insurance Company.
The SC noted that SIT had investigated 246 out of the 1,376 complaints & registered 83 criminal complaints so far against errant lawyers, policemen, & insurance agents, & it directed the state to file a detailed report on the matter.
The Court said that “the State of UP/SIT is hereby directed to file a better affidavit in a sealed cover with respect to complaints filed/enquiry completed, the names of the accused, where the criminal complaints are filed & in which criminal cases the charge sheets have been filed".
The Court also ordered that the names of the Lawyers against whom cognizable offence is prima facie made out are disclosed in a sealed cover so that the list can be sent to the Bar Council of India for further action.
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