Lawyers contest ghost case for 6 years, Gauhati HC fines both

GUWAHATI: The Gauhati high court has fined two advocates Rs 50,000 each for dragging a case for more than six years on behalf of a non-existent person in a "frivolous litigation" and directed the bar council to inquire into the matter thoroughly and take appropriate action against the advocates, if found guilty.
A single-judge bench of Justice Sanjay Kumar Medhi imposed the costs on the advocates while hearing a writ petition filed by a non-existing person named Beolin Kharbhih last week.
The judge said, "What is astonishing is that the judicial process has been successfully taken for a ride for the last more than six years by instituting and continuing a case by a non-existing person. The role of the counsel, who has appeared for the non-existing petitioner, is absolutely important as the counsel had accepted the case of the petitioner by signing the Vakalatnama and taking all steps from time to time on behalf of the non-existing petitioner."
Petitioner not found after probe
In the case, Kharbhih, who claimed to be a distant kin of Sankar Prasad Nath, a former DSP in CID, stated in the plea that Nath was entrusted with some sensitive cases involving politically influential persons of Assam and Meghalaya for which he was receiving threats. Kharbhih said police did not take any action even after Nath lodged an FIR in 2007 and he was later killed in a hit-and-run case.
Later, it was stated in the status report by the government advocate that the CID could not find any clue of the existence of Kharbhih after making an investigation.
The advocate for the petitioner, HS Kalsi, was directed by the court last year to secure personal appearance of the petitioner before the court. Later, it was submitted by Kalsi that the notice was issued to the Kharbhih by the registered post and the same was returned with endorsement that there was "no such person".