Bandra Bar Association exposes ‘nexus’ between police, some advocates

Additional Chief Metropolitan Magistrate Court in Bandra

In a groundbreaking complaint exposing alleged connections between court karkoons (police constables deployed at court from respective police stations) and practising advocates, the Bar Association of Bandra lodged an official complaint addressed to five Metropolitan Magistrates, including the Additional Chief Metropolitan Magistrate of Bandra Metropolitan Court on July 15.

Remarkably, the complaint copy was also sent to the Zonal Deputy Commissioner of Police (Zone VIII and Zone IX), as the police stations under their jurisdiction fall under the ambit of the Additional Chief Metropolitan Magistrate Court, Bandra (E). Taking serious cognizance of the complaint made by the Bar Association, the office of the Additional Chief Metropolitan Magistrate court has written a letter to DCP Zone IX, directing to take appropriate action.

Advocate Rammani G Upadhyay, President of the Bar Association of Bandra, confirmed the authenticity of the letter and the concerns raised. According to Upadhyay, "The bar association had received numerous complaints from its member advocates practising at the Bandra court, which highlighted a nexus between the court karkoons, detection staff, and a select group of advocates. This alliance supposedly cooperates to recommend accused individuals to the said advocates, who then represent them in bail, remand, and routine trial cases in exchange for alleged graft and kickbacks."

The eight-page letter emphasises that due to this nexus between court karkoons, detection officers, and specific practising advocates at the Bandra court, other advocates are losing out on their source of livelihood. The bar association comprises around 1200 practising advocates at Metropolitan Magistrate Court, Bandra, with only a handful allegedly participating in this collusion, as alleged by Advocate Upadhyay.

Advocate Upadhyay explained, "Advocates do not receive any salary or assistance from the state. It takes years for them to establish themselves, and newcomers face difficulties in getting work and for them, remand and bail is the initial source of income."

Advocate Upadhyay details how some police officers influence the accused or suspects in their custody, directing them and their relatives to approach particular advocates for seeking bail or remand. Subsequently, the accused's family feels compelled to comply with the police's directions, and in return, the concerned advocate is required to share a percentage of the fees collected with the court karkoon or police, as per their pre-agreed rate, alleged Upadhyay.

Advocate Upadhyay emphasised that such practices are detrimental to the very essence of the Advocates Act and Article 21 of the Indian Constitution. He also urged the court to take cognisance of the issue and use its powers to curb such malpractices. Moreover, the letter suggests scrutinising the posting of police karkoons and detection officers for prolonged periods, as it might contribute to these illegal activities.

The letter further alleged another corrupt practice by police karkoons, involving filing chargesheets on a preferential basis. Advocates who purportedly pay money to these officers reportedly have their chargesheets filed with preference. Advocate Upadhyay called for streamlining the filing of chargesheets to prevent such practices.

Way out

"The way forward is clear for this honourable court to acknowledge the material facts that only specific advocates appear in remand and bail hearings, undermining the ethical and loyal principles of the noble profession of advocacy. The court has the authority to address this serious issue, curbing such malpractices by directing the concerned deputy commissioner of police and senior inspector of police to take necessary actions against police karkoons, detection officers, and other police personnel involved," said the bar association president.

What next

When asked if he had received any response to his complaint, advocate Upadhyay said he had not yet received a reply and planned to wait a few more days. If no response is received, he intends to write to the commissioner of police and may even file a writ petition on behalf of the bar association if corrective actions are not taken promptly.

Other side

While senior police officials whom mid-day spoke to could not provide an immediate comment without reviewing the contents of the complaint, they assured they would look into the matter, acknowledging its seriousness.

Court directs to take cognizance of the complaint

The Additional Chief Metropolitan Magistrate, Bandra has taken serious cognizance of the complaint made by the Bar Association of Bandra and his office has written to DCP Zone IX, asking him to take appropriate action pertaining to the complaint received from Bar Association. The letter was also marked to Khar and Mahim Police station, and also a copy was sent to the association.

1200
No of practising advocates at Bandra court