Kohima Bar Association Alleges Nexus Between Police and Advocates

The Kohima Bar Association has alleged a growing illicit nexus between police and advocates in Nagaland, which it claimed was affecting the criminal justice system and violating the personal liberty of the accused.

Issuing a statement, the Kohima Bar Association highlighted that even as Article 22 of the Indian Constitution allows an accused to engage an advocate of his or her choice, some police and jail officials are compelling the accused or their relatives to engage a particular advocate for bail, and even take a percentage of the fees collected.

It said that this illegitimate syndicate between the police and the advocates is only aimed at extorting money from helpless accused when detained in police custody.

“In many cases, when an accused is arrested in the first instance and brought to the police station or jail, the concerned police/jail officials will compel the accused and/or his/her relatives/families/friends to engage a particular advocate for bail. Vakalatnamas(legal document authorizing an advocate to represent a litigant) or phone numbers of handpicked advocates are kept at police stations/jailsand the accused will be compelled to appoint a particular advocate for their court cases. Behind this illicit practice,the concerned advocate will share a percentage of the fees collected with the police, as per their pre-agreed rate. This is the commission which the corrupt officials receive,” the Association said.

Speaking exclusively to Northeast Live, Kohima Bar Association President, Kekhriengulie said that referring to these malpractices, as a primary step, the Association has issued a statement to raise public awareness and combat such malpractices. However, no formal FIR has been lodged as of now.

He said that if similar cases emerge in the future, the licenses of the involved individuals could face cancellation.

“Any person who will be found doing malpractices in the conduct, the Association will take action even to the extent of cancelling their licence. But that can not be done at the level of the Association, It will be taken at the level of the state Bar Council,” said Kekhriengulie.

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