[Breaking]: BCI suspends 28 Advocates for filing fake claim/compensation petitions under MACT and WCA

  

In view of the Supreme Court order directing the Bar Council of India to take strict action against Advocates indulged in filing fake claim/compensation petitions under Motor Accidents Claims Tribunal and Workmen Compensation Act, the Council has issued list of 28 Advocates.

It has announced the suspension of these Advocates until respective proceedings against them are brought to its conclusion. All of them are either named in FIRs or chargsheets.

The Allahabad High Court had previously constituted an SIT to look into the filing of fake claim petitions. The investigation in most cases filed as a result of the SIT's efforts are still pending.

The Supreme Court vide order dated 5.10.2021 requested the Bar Council of India's Chairman Manan Kumar Mishra to look into the same.

The three-Judge Bench headed by Chief Justice of India NV Ramana, was dealing plea, Safiq Ahmed vs ICICI on 16.11.2021 wherein the BCI mentioned that Bar Council of Uttar Pradesh wasn't cooperating in providing the names of the accused Advocates. The Court thus ordered the SIT in sending the list to BCI.

The Court also observed;

"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 Court called the slow pace of investigation, 'unfortunte'.

"It is very unfortunate that despite the fact that the FIRs have been filed as far as back in the year 2016-2017, still the investigation is reported to be pending. Even in the cases, where charge sheets have been filed, no charge has been framed by the courts below. The SIT was constituted by the High Court to look into the filing of the fake claim petitions and with the specific purpose. Still the investigation in most of the cases/FIRs is reported to be pending. We deprecate the negligence and or lethargy on the part of the SIT in not concluding the investigation even after 4-5 years and the of the FIR."

The Bar Council of India has also instructed the Bar Council of Uttar Pradesh to initiate Disciplinary Proceedings against all 28 Advocates and conclude the inquiry within a period of three months and submit Report to it.

Read BCI Order Here: 

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(With input from news agency language)

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