Guwahati: Two Advocates Charged for Signing Vakalatnama on Bygone Person's Behalf

The Guwahati High Court (HC) charged an amount of Rs. 50,000 each to two advocates for allegedly signing Vakalatnama (a document, by which the party filing the case authorizes the Advocate to represent on their behalf) on behalf of a non-existing person.

Both of the advocates signed the paper in a fatuous suit that went on for more than 6 years for a non-existing petitioner.

The Single judge bench headed by Justice Sanjay Kumar Medhi was hearing the matter.

It observed, “What is astonishing is that the judicial process has been successfully taken for a ride for the last more than six years by instituting and continuing a case by a non-existing person. The role of the counsel who has appeared for the non-existing petitioner is absolutely important as the counsel had accepted the case of the petitioner by signing the Vakalatnama and taking all steps from time to time on behalf of the non-existing petitioner.”

It was further revealed that Ms. Beolin Kharbhih is the petitioner in the case who claimed to be a distant relative of one Sankar Prasad Nath, Ex-Deputy Superintendent of Police, CID, Assam.

Thereafter, a case was established by the petitioner that the said Officer was charged with some sensitive cases. These cases involved politically influential persons of Assam and Meghalaya for which he was receiving threats and was ultimately killed in a hit and run case. The petitioner claimed that even the wife of Sankar Prasad Nath died under “mysterious circumstances”. However, no action was taken despite multiple representations and FIRs.

Consequently, the present indictment petition was filed in 2016 with as many as 26 party respondents, including a sitting judge of the Meghalaya High Court.

The Court had found that no specific allegation was made against the judge and had accordingly struck off his name. At the same time, investigation revealed that no person in the name of Ms. Beolin Kharbhih (petitioner) exists.

The Court remarked, “It appears that the petition has been filed in a well-planned manner from which it is apparent that there has been a conspiracy. The Vakalatnama which contains the signature of the petitioner is accepted by Shri HS Kalsi and Shri RS Sadiyal as Advocates...while the writ petition is dismissed, cost of  Rs.50,000/- (Rupees Fifty Thousand) Only is imposed upon each of the counsel who has signed the Vakalatnama for a non-existing petitioner.”

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