Institute of Legal and Management Studies

In a significant development, the Punjab and Haryana Bar Council has taken cognisance of alleged "bench hunting" tactics employed in the Roop Bansal case.

The Council has summoned 16 advocates —Senior Advocate Rakesh Nehra, Senior Advocate Puneet Bali, Advocates J.K. Singla, Sidharth Bhardwaj, Aditya Aggarwal Advocate, Gagandeep Singh, Anmol Chandan, Advocate Baljeet Beniwal, Harsh Sharma, Sauhard Singh, Rupender Singh, Ankit Yadav, Ashim Singla, Aakash Sharma, Bindu, APS Shergil — for an inquiry into accusations that they may have involved in the bench hunting in the Roop Bansal case.

All the above advocate were either the filing counsel or have appeared for the M3M director Roop Bansal.

It also sought response of Senior Advocates Abhishek Manu Singhvi and Mukul Rohatgi, "in order to fairly and comprehensively adjudicate the matter in hand, who had also appeared in the matter."

"In India the common people knock the door of the Court with the help of the noble advocates, and here in this matter Roop Bansal tried to break the door of the Court with the help of some ingenious mind advocates, the matter pertaining to the M3M and Roop Bansal need to be watched carefully which are pending before the Hon'ble Punjab & Haryana High Court and the Bar Council cannot sit ideal to become a mere spectators and it is the duty of the Bar Council to protect the dignity and ethics, hence, the worthy Chairman took this matter as suo moto and entrusted this matter before this Committee," the Privilege Committe of the Council stated.

It is the duty of the Committee to trace out the rotten apple/apples from the basket, before the all got rotten, it added.

Roop Bansal's plea for quashing of 2023 FIR for alleged conspiracy to bribe a Trial Court judge is pending before the High Court.

During the hearing, it emerged that the petition had been filed by an advocate against whom a bench had previously passed an order directing that his cases should not be listed before it.

The Chief Justice had orally observed during the hearing that the case was filed by him just to "get the case out of a particular bench."

"We are reminded of the Mahabharata, where the silence of wise men in Dhuryodhana's court led to the disrobing of Draupati. This serves as a grim reminder that silence and inaction in the face of injustice enable further injustice," the Council said.

This Committee is of the prima facie view that there appears to be foul play on the part of certain advocates who appeared on behalf of Roop Bansal, a prominent real estate builder and it appears, these advocates may have manipulated procedural rules for convenience and gain, it added further.

It stated that the allegation that "certain lawyers, possibly acting for financial benefit, may have contributed to tarnishing the image of the legal profession. Such conduct amounts to an invasion of the Temple of Justice, reminiscent of historical desecration like the invasions on Somnath Temple in the 11th century."

While issuing notices, it acknowledged the complexity of tactics such as "Bench Hunting or Bar Hunting or Forum Shopping allegedly of adopted by some lawyers and businessmen for ulterior motives."

"We are not unaware of the heat this may generate, particularly among senior members of the Bar, but for the sake of the dignity of the profession and justice itself, this scrutiny is necessary," it sated further.

The Committee stated that, from the records, prima facie it appears that Sh. J.K. Singla, Advocate have orchestrated the game plan. "But it is highly unbelievable, that this can be done singularly, rather it has been done in an organized manner and there might be some big ingenious mind advocates behind the curtains, which has to be unearthed."

Accordingly, in order to fairly decide whether the above-mentioned advocates have indulged at any stage in Bench Hunting or Forum Shopping, the Committee opined that notices be issued to them to appear before the Committee on August 16.