Guwahati: Two attorneys accused of signing Vakalatnama on behalf of a deceased person

Guwahati: The Guwahati High Court (HC) fined two attorneys Rs. 50,000 each for allegedly signing a Vakalatnama (a document by which the party submitting the case authorises the Advocate to represent them on their behalf) on behalf of a non-existent person.

Both attorneys signed the document in a pointless lawsuit that lasted more than 6 years for a nonexistent petitioner.

The case was being heard by the one-judge panel, which was presided over by Justice Sanjay Kumar Medhi.

It observed, “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.”

It was also disclosed that the petitioner in the case, Ms. Beolin Kharbhih, claimed to be a distant cousin of one Sankar Prasad Nath, a former deputy superintendent of police for the CID in Assam.

The petitioner then made the case that the said Officer was in control of some delicate cases. He was receiving threats for these cases, which involved politically powerful individuals from Assam and Meghalaya, and he was eventually fatally hit and run. Even Sankar Prasad Nath’s wife, according to the petitioner, passed away in “mysterious circumstances.” Nevertheless, despite numerous complaints and FIRs, nothing was done.

As a result, the current indictment petition was submitted in 2016 with as many as 26 party respondents, one of whom was a Meghalaya High Court judge who was then sitting.

The Court had found that no specific allegation was made against the judge and had accordingly struck off his name. At the same time, investigation revealed that no person in the name of Ms. Beolin Kharbhih (petitioner) exists.

The Court remarked, “It appears that the petition has been filed in a well-planned manner from which it is apparent that there has been a conspiracy. The Vakalatnama which contains the signature of the petitioner is accepted by Shri HS Kalsi and Shri RS Sadiyal as Advocates…while the writ petition is dismissed, cost of Rs.50,000/- (Rupees Fifty Thousand) Only is imposed upon each of the counsel who has signed the Vakalatnama for a non-existing petitioner.”