The Kerala High Court has taken serious note of misleading advocates in bank defreezing cases, directing its Registry to identify lawyers who secured relief by misrepresenting facts in cybercrime-related petitions.
A Bench of Chief Justice Soumen Sen and Justice Syam Kumar V.M. emphasized that abuse of writ jurisdiction cannot be permitted.
Background of Bank De-Freezing Petitions
The issue arose due to a surge in petitions seeking de-freezing of bank accounts linked to cybercrime.
Earlier, the Court had:
- Made police verification of litigants mandatory
- Required safeguards before entertaining such petitions
These steps were introduced to curb misuse of judicial process.
Court’s Observations on Misleading Advocates
The Court found that:
- Certain advocates misled the Court to obtain favourable orders
- The Kerala High Court Advocates’ Association failed to take proactive steps
- Internal accountability within the Bar was expected
The Bench stated that the association cannot claim ignorance when it had itself challenged earlier directions.
Directions Issued by the Court
The Court directed that:
- Registry must identify such advocates
- Details be shared with the Bar Council of Kerala
- Action taken reports be filed by concerned authorities
It also reaffirmed that courts retain full power to verify litigant identity and require personal appearance. that caste is not merely a matter of religion, but also of social identity and recognition within a community.
Legal Significance
This ruling highlights:
- Growing concern over misuse of writ jurisdiction
- Need for advocate accountability
- Strengthening safeguards in cybercrime-linked financial disputes
It sends a strong message that professional misconduct will invite scrutiny.
