In a significant ruling, the Madras High Court has ordered the eviction of Advocate B. Amarnath for creating forged rental agreements to illegally occupy a property owned by the petitioner, B.L. Madhavan. The court emphasized that Amarnath, a member of the legal profession, had engaged in actions that constituted “gross misconduct,” and mandated the Bar Council of India to initiate appropriate disciplinary proceedings.
Background of the Case
The case, numbered W.P. No. 1006 of 2020, was filed by B.L. Madhavan, a Chennai resident who inherited the property at No. 20/1, 2nd Main Road, CIT Nagar, Nandanam, Chennai, from his father, Mr. K. Balu. The petitioner entered into a lease agreement with the fifth respondent, Advocate B. Amarnath, who is enrolled with the Bar Council of Andhra Pradesh. However, Amarnath defaulted on rent payments and continued to occupy the property forcibly by creating fraudulent lease agreements.
The petitioner approached the Bar Council of India, the Bar Council of Tamil Nadu and Puducherry, and the local police with complaints against Amarnath, alleging misconduct and illegal occupation of his property. When no substantial action was taken by these authorities, Madhavan filed a writ petition under Article 226 of the Constitution of India, seeking a directive for necessary actions against the advocate.
Legal Issues Involved
The key legal issues in this case included:
1. Professional Misconduct of an Advocate: Whether the creation of forged documents by an advocate and subsequent illegal occupation of property constitutes misconduct under Section 35 of the Advocates Act, 1961.
2. Forcible Occupation and Criminal Conduct: Whether the actions of the advocate amounted to criminal conduct punishable under various sections of the Indian Penal Code (IPC).
3. Jurisdiction and Responsibility of the Bar Council: The extent of the Bar Council’s responsibility in disciplining advocates involved in illegal activities.
Court’s Decision and Observations
The bench, comprising Justice S.M. Subramaniam and Justice V. Sivagnanam, delivered the judgment on August 27, 2024. The court found that Amarnath had created false rental agreements to claim tenancy over five portions of the property belonging to the petitioner.
To ascertain the authenticity of the rental agreements, the court had directed the Assistant Commissioner of Police, Saidapet Range, Adyar District, to conduct an inquiry. The inquiry concluded that the rental agreements were indeed bogus. The Forensic Sciences Department, Main Laboratory, Mylapore, confirmed that the signatures on the documents were forged. Based on this, a case was registered against Amarnath under Sections 419, 420, 465, 468, and 471 of the IPC.
Justice S.M. Subramaniam, while delivering the court’s order, emphasized:
“A Lawyer involved in the creation of forged rental agreements is liable to be prosecuted for misconduct under the Advocates Act, 1961, and the Bar Council of India Rules, 1975. The 5th respondent [Amarnath] abused his position as a lawyer, which caused disrepute to the legal profession.”
The court further observed that lawyers are expected to maintain high ethical standards and integrity both inside and outside the courtroom. The actions of Amarnath, the court noted, not only violated professional ethics but also constituted serious criminal offenses.
Directives Issued by the Court
1. The Madras High Court directed the police authorities to proceed with the criminal case against Advocate Amarnath and to ensure his eviction from the premises within 48 hours from the receipt of the order copy.
2. The Bar Council of India was instructed to initiate necessary disciplinary action against Amarnath under the provisions of the Advocates Act, 1961, and the Bar Council of India Rules, 1975.
3. The court also directed that a copy of the court’s order, available on the High Court website, be taken as the official directive for the eviction process.
