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 based on a complaint by a client alleging failure to file his case.
The FIR has been registered under Section 420 of the Indian Penal Code (IPC) against Advocate Pankaj Chandgothia, following a complaint by Gurwinder Singh who alleged that the advocate did not file a consumer case on his behalf.
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"There is deep concern and strong objection regarding this FIR, which prima facie appears to be frivolous, baseless, and motivated,"
— stated Gagandeep Jammu, Secretary of the Bar Association, in the letter.
The letter warned that if such FIRs are not cancelled, it could lead to a dangerous trend where any dissatisfied litigant might start filing complaints against their lawyers. This could cause unnecessary embarrassment and mental stress to advocates and ultimately undermine the dignity of the judicial system.
"Initiating criminal proceedings without any preliminary inquiry can cause severe and irreparable harm to the public image of advocates,"
— the letter further added.
The Association also pointed out that the media reports on the matter appear to be one-sided, lacking factual verification, and seemingly intended to tarnish the advocate's reputation.
The letter strongly emphasized that any dispute or grievance between advocates and clients should first be addressed through appropriate legal and disciplinary procedures, as prescribed under the Advocates Act, 1961.
"According to Section 35 of the Act, the State Bar Council has the authority to inquire into allegations of professional misconduct and, if required, refer the matter to the police,"
— the letter clearly stated.
On this basis, the Association requested that the matter be referred to the Bar Council of Punjab and Haryana for proper inquiry and factual determination.