NEW DELHI: The Supreme Court on Tuesday directed the Bar Council of India (BCI) to investigate the bizarre case of a so-called "ghost litigant" who allegedly misled the court to obtain a favourable judgment. With all lawyers involved denying any wrongdoing, the Court has asked BCI to conduct a detailed inquiry and submit a report within eight weeks—after which it may consider involving the police.
A bench comprising Justices P.S. Narasimha and Atul S. Chandurkar agreed to the request made by Supreme Court Advocates-on-Record Association (SCAORA) president Vipin Nair, who argued that the BCI should first examine the alleged role of legal professionals before any criminal investigation is pursued, especially if outsiders are found to be involved.
Background of the Case
The controversy emerged from a land dispute in which a litigant secured a favourable Supreme Court order after a supposed opponent appeared in court claiming to have reached a compromise. Based on this claim, the Court quashed earlier rulings by a Muzaffarpur trial court and the Patna High Court, siding with the petitioner.
However, five months later, the real opposing party came forward, asserting that no compromise had ever occurred and that he had neither hired any lawyer nor participated in the proceedings. Both parties have since accused each other of misleading the court and have urged the Court to order a police investigation.
In light of the revelations, the Supreme Court has already recalled its earlier judgment, which was based on the alleged fraudulent compromise.
Next Steps
The apex court has now tasked the BCI with determining whether legal professionals were complicit in the deception or if external actors infiltrated the process. Once the BCI submits its findings, the Court will decide whether further action, including a police investigation, is warranted.
