The Allahabad High Court recently ordered disciplinary action against an advocate who sought adjournment of a case by falsely claiming his father’s death [Gohar And 2 Others v. State of UP and 3 Others]..Justice Rohit Ranjan Agarwal said that the counsel’s act amounted to misconduct as he had got the adjournment over a false claim. The conduct of counsel is unbecoming of an advocate, the Court remarked.“Let the matter be referred to U.P. Bar Council to take appropriate action after calling explanation from Sri Shiv Prakash and proceed under the Advocates' Act, 1961, within a period of two months.".The Court was dealing with writ petitions challenging orders passed by Additional District Magistrate and Food Safety Appellate Tribunal, Moradabad, under the Food Safety and Standards Act. The case involved recovery of 4,000 litres of adulterated milk and related materials by food safety officers in Moradabad.Advocate Shiv Prakash, who represented the petitioners, had sought adjournments on two separate occasions through his junior counsel, citing the recent death of his father. However, the State’s Additional Chief Standing Counsel Sanjai Singh had objected, pointing out that Prakash’s Bar Council registration described him as the son of "Late Shyam Lal Tiwari"..On March 12, Prakash’s junior once again made a statement that his senior’s father had died and requested that the matter be adjourned. However, the Court instead directed Prakash to appear before the Court.When the Court questioned him, Prakash admitted that his father had passed away before he had even joined the legal profession. Taking a serious view of the misconduct, Justice Agarwal ordered action against the counsel.Meanwhile, the Court dismissed the petition on merits.“After hearing learned counsel for the parties and perusing the material on record, I find that looking to the gravity of the matter, no case for interference is made out in the orders impugned. The writ petition fails and is hereby dismissed,” it ordered..[Read Order]
