P&H High Court Bar Body Urges DGP To Cancel Client's FIR Against Advocate For Alleged Failure To File His Case

The Punjab and Haryana High Court Bar Association has written to the Director General of Police (DGP) Chandigarh, seeking cancellation of an FIR registered against an advocate accused of cheating his client by allegedly failing to file the client's case.

An FIR under Section 420 IPC has been registered against Advocate Pankaj Chandgothia, based on a complaint filed by one Gurwinder Singh, pertaining to alleged non-filing of a consumer case.

Gangandeep Jammu, Association's Secretary expressed "deep concern and strong reservation" regarding registration of the said FIR "which prima facie appears to be frivolous, baseless, and motivated."

The letter stated that if the FIR is not cancelled, it may open a Pandora's box, where every disgruntled litigant may start lodging complaints against their counsel, "causing undue humiliation and embarrassment, and ultimately undermining the sanctity of the judicial dispensation system,"

The allegations, as seen in media reports, appear to be a one-sided narrative lacking proper verification nd are seemingly intended to malign his reputation, the letter reads.

The initiation of criminal proceedings without prior inquiry risks causing irreparable damage to the standing of an advocate in the eyes of the public, it adds.

The letter highlights that, "Any dispute or grievance between Advocates and Clients must first be examined through the appropriate legal and disciplinary mechanisms as laid down under the Advocates Act, 1961."

Referring to Section 35 of the Act, the letter stated that the provision  empowers the State Bar Council to inquire into allegations of professional misconduct and take appropriate action, including referring any matter involving criminality to the police authorities, if deemed necessary.

Consequently, the Association requested to refer the matter to the Bar Council of Punjab and Haryana, for an inquiry and determination of factual aspect.