KBA red flags ‘illicit nexus’ between some advocates and police officials

In a significant development, the Kohima Bar Association (KBA) has raised serious concerns over alleged growing illicit nexus between certain advocates and police officials in Nagaland, whereby accused person(s) were made to hire only some selected advocates in connivance with some police officers.

KBA president Kekhriengulie and secretary Lhusisato Iralu, maintained that this practice not only compromises the justice delivery system but also violated the personal liberties of accused persons. The KBA has called for immediate action to end these unethical practices.

In this regard, KBA highlighted that Article 22 of the Indian Constitution which grants every accused person the right to engage an advocate of their choice. KBA said this right also extends to the accused’s family, relatives, and friends, ensuring they can select legal representation freely.
It also pointed out that The Legal Services Authorities Act of 1987 further provides safeguards for those who cannot afford to hire an advocate.

However, the KBA revealed that in numerous cases, when an accused is first arrested and brought to a police station or jail, officials often compel the accused or their family to engage a specific advocate.
KBA said these advocates are pre-selected, with their Vakalatnamas (legal documents authorizing representation) and contact information readily available at police stations or jails. The accused are pressured into appointing these advocates, who then share a portion of their legal fees with the police as part of a pre-arranged commission.

The KBA described this practice as a corrupt syndicate designed to extort money from vulnerable individuals in custody. This not only imposes unnecessary financial strain on the accused and their families but also undermines the integrity of the investigation, trial, and overall justice system. In many instances, after appointing the handpicked advocate, families find it difficult to disengage them or face conflicts when attempting to switch to another advocate.

The association emphasized that such practices violate the essence of Article 22 and tarnish the nobility of both the legal and law enforcement professions. The KBA warned that this malpractice renders the involved public servants punishable under the Prevention of Corruption Act, 1988, and subject to disciplinary action under the Nagaland (Discipline and Appeal) Rules, 1967. Advocates involved in such misconduct may face disciplinary proceedings under the Advocates Act, 1961, and could be barred from practicing law in the future.

KBA has taken up the issue with the Director General of Police (DGP) of Nagaland, urging immediate action against the officials involved. The association also reiterated its call for its member-advocates engaged in such practices to cease immediately. KBA encouraged anyone with knowledge of these malpractices to report them to its office.