Judiciary directs investigation into advocates and individuals misusing court processes for personal gain.
In a startling revelation, the Delhi High Court uncovered a scam involving the misuse of Public Interest Litigations (PILs) to extort money from property owners accused of unauthorized constructions. The judgment, delivered by Justice Mini Pushkarna, came in response to contempt petitions alleging non-compliance by the Municipal Corporation of Delhi (MCD) in taking action against unauthorized constructions. The court's investigation revealed that certain advocates and individuals were exploiting judicial processes to pressure property owners into monetary settlements.
The court was informed about a compliance report from the Station House Officer (SHO) of Malviya Nagar Police Station, which highlighted a series of fraudulent activities. The report identified Naresh Chauhan, his son Prashant Chauhan, and other advocates, including S.K. Shukla and Sandeep Sehgal, as key figures in this unlawful operation. They allegedly used PILs and contempt proceedings as tools for extortion, presenting forged signatures to advance their schemes.
The investigation revealed that the petitioner, Narayan Kumar Kashyap, who was initially approached to assist in filing a PIL through the NGO Universal Human Rights Foundation, claimed his signatures were forged on several contempt petitions. He stated that he was unaware of the subsequent proceedings and had never appeared in court regarding these cases.
In light of these findings, Justice Pushkarna issued directives for a comprehensive investigation by the Bar Council of Delhi and the Deputy Commissioner of Police, South District. The Bar Council has been tasked with investigating the alleged misconduct by the advocates involved, while the police have been instructed to pursue appropriate legal actions, including lodging FIRs against the individuals implicated.
The judgment underscores the gravity of the misuse of judicial processes, emphasizing the need for stringent action against those exploiting the legal system for personal gain. The court's decision aims to uphold the integrity of judicial proceedings and deter future instances of such misconduct.
Bottom line:-
Misuse of judicial process to extort money by filing PILs against unauthorized constructions - Directions issued for investigation and appropriate legal action against advocates and individuals involved in filing forged petitions.
Statutory provision(s):
Contempt of Court, Misuse of Judicial Process, Filing of PILs, Advocates' Misconduct, Police Investigation
Naresh Chauhan v. Government of NCT of Delhi, (Delhi) : Law Finder Doc id # 2948585
