Northeast Desk, 13th August: The Kohima Bar Association has raised serious concerns about an alleged illicit nexus between police officers and certain advocates in Nagaland, which it claims is undermining the criminal justice system and infringing on the personal liberties of accused individuals.
In a strongly worded press statement, the association outlined how Article 22 of the Indian Constitution grants every accused person the right to engage an advocate of their choice. However, they allege that this right is being systematically violated by police and jail officials who compel accused persons or their families to hire specific advocates in exchange for a share of the legal fees.
The association detailed the modus operandi, stating, “In many cases, when an accused is arrested and brought to the police station or jail, the officials involved will pressure the accused or their relatives to engage a particular advocate for bail. These advocates are often pre-selected, with their Vakalatnamas or contact details readily available at the police stations or jails. The officials then receive a percentage of the fees collected by these advocates as a commission.”
This practice, according to the Kohima Bar Association, places an undue financial burden on the accused and their families while also compromising the integrity of investigations and the overall justice system.
In response to these allegations, the Kohima Bar Association has formally raised the issue with the Director General of Police in Nagaland, calling for immediate action against the officials involved in this malpractice. The association has also advised its member-advocates to abstain from participating in such unethical practices and urged the public to report any knowledge of these activities to their office.
This revelation has sparked significant concern within the legal community and beyond, with many calling for urgent reforms to safeguard the rights of accused persons and ensure the fair administration of justice in the state.