High Court Criticizes Lawyer’s Actions
The Kerala High Court recently expressed strong disapproval of a lawyer’s actions in endorsing an affidavit containing false information. The case, Safwan Muhamed Sherif v Federal Bank & ors, was presided over by Justice MA Abdul Hakhim, who delivered the judgment on August 17. The court found discrepancies between the petitioner’s affidavit and the actual bank records, highlighting the lawyer’s role in attesting to the false statements.
Court’s Observations on Legal Integrity
Justice MA Abdul Hakhim emphasized the responsibility of legal professionals to uphold the integrity of the judicial process. The court stated, “It is well settled that advocates are officers of the Court. They should not allow the litigants to pollute the judicial system.” The judge strongly condemned the lawyer’s conduct, noting, “Advocates should not allow their clients to make false statements when the advocates fully know from the documents available to them that their clients are making false statements in the pleadings.”
Background of the Case
The case originated when Safwan Muhamed Sherif, a 22-year-old petitioner, filed a plea to unfreeze his bank account with Federal Bank. The account was frozen following requests from investigative agencies due to suspicious transactions totaling ₹21 lakh. Despite being largely inactive since its inception in January 2023, the account saw a surge in high-value transactions exceeding ₹50 lakh within a short span from May 15, 2023.
Discrepancies in Petitioner’s Claims
In his affidavit, Safwan claimed employment as a working partner in two businesses, with a monthly income of ₹35,000 and ₹40,000 respectively, plus business profits. However, the court noted a lack of evidence supporting these claims, as no documentation of the businesses was provided. Additionally, the court found that the entire credited amount was withdrawn, leaving only ₹1 in the account as of June 5, 2023.
Legal Consequences and Future Actions
Although the court condemned the lawyer’s conduct, it refrained from taking action against the petitioner or the lawyer, considering their young age. However, the court dismissed the petition to unfreeze the accounts, suspecting the account’s use in cyber fraud schemes. It directed the police to file charges under Section 111 (organized crime) of the Bhartiya Nyaya Sanhita 2023 against Safwan.
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Representing the petitioner were Advocates Sadiqali M, Shamnad E, Ajish K Bose, Mohamed Shafi M, and Muhammad Sabik. Senior government pleader VK Rafeek appeared for the State.
