KBA alerts on alleged police-advocate corruption network

The Kohima Bar Association (KBA) has brought to light a troubling illicit nexus between the advocates and police in Nagaland, which, according to the association, undermines the criminal justice system and violates the personal liberties of accused persons. This malpractice, the KBA claims, is also prevalent in other states across India.

According to the KBA, the alleged malpractice often begins when an accused person is first arrested and taken to a police station or jail. In such instances, police or jail officials reportedly compel the accused or their family members to hire specific advocates for bail. The association alleged that the police stations and jails maintain a list of handpicked advocates, whose contact information and legal documents (Vakalatnamas) are readily available, and that these advocates share a portion of their fees with the police officers as a pre-arranged commission.

This illegitimate syndicate between the police and the advocates, according to KBA, is only aimed at extorting money from helpless accused, when detained in police custody. “As a result, unnecessary financial strain is also put on the accused persons, including their family/relatives,” the KBA stated.

”It invariably happens that after the engagement of the handpicked advocate, the relatives/families are referred to or suggested by other advocate(s) through their social network. But they are unable to disengage the handpicked advocate for one reason or the other. In other cases, the relatives will engage another advocate, thereby leading to a conflict with the handpicked advocate,” it continued.

The KBA has highlighted the broader implications of this alleged nexus, warning that it compromises the integrity of investigations, trials, and the overall justice delivery system. The association emphasized that such practices violate Article 22 of the Indian Constitution, which guarantees the right of an accused to engage an advocate of their choice. The Legal Services Authorities Act, 1987, further provides safeguards for those unable to afford their own legal representation.

The KBA informed that it has raised the issue with the Director General of Police (DGP) in Nagaland, for initiating coercive steps against the erring officials. The association has also issued a strong warning to its members, advising those engaged in such practices to cease immediately. Additionally, the KBA has encouraged anyone with knowledge of such misconduct to report it to their office.

The KBA reminded all stakeholders that the protection of personal liberty is paramount and that any infraction in this regard will not be tolerated. The association also noted that public servants found guilty of such malpractice could face punishment under the Prevention of Corruption Act, 1988, and disciplinary proceedings under the Nagaland (Discipline and Appeal) Rules, 1967. Advocates involved in these activities may also be subject to disciplinary action under the Advocates Act, 1961, which could lead to disbarment.

MT