Kohima Bar Association Alleges Corruption In Criminal Justice System

The Kohima Bar Association (KBA) has accused police and advocates in Nagaland of colluding to undermine the criminal justice system and infringe upon the personal liberty of accused individuals.

In a statement released on Tuesday, the KBA alleged that the police and jail officials compel accused persons or their families to hire specific advocates for bail, violating Article 22 of the Indian Constitution. This article guarantees an accused person’s right to engage an advocate of their choice.

According to the KBA, police stations and jails maintain lists of selected advocates, whose contact details are provided to accused individuals. "The accused would be compelled to appoint a particular advocate for their court cases," the statement said.

The Association further alleged that these advocates often share a percentage of their fees with corrupt police officials, thereby establishing a commission-based system.

The KBA criticized this illicit arrangement as a scheme to extort money from vulnerable individuals, adding financial strain to the accused and their families. It noted that once an advocate is appointed, relatives are frequently unable to switch to another lawyer due to various reasons, or face conflicts if they do engage a different advocate.

The statement emphasized that such practices tarnish the integrity of investigations, trials, and the overall justice delivery system. It further stated that the violation of Article 22 compromises the integrity of both police and legal professions.

The KBA warned that such misconduct could lead to penalties under the Prevention of Corruption Act, 1988, and disciplinary action under the Nagaland (Discipline and Appeal) Rules, 1967. Advocates involved in these practices could also face disciplinary proceedings under the Advocates Act, 1961.

The KBA has urged the Deputy Commissioner of Police (DCP) Nagaland to take stringent actions against the involved officials and has called on its member-advocates to cease such practices. It also encouraged anyone with knowledge of these malpractices to report them to the KBA office.

The Association reiterated that the process of ensuring personal liberty should remain free from any form of infraction.

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