The Kohima Bar Association has alleged a growing illicit nexus between police and advocates in Nagaland, which it claims affects the criminal justice system and violates the personal liberty of accused persons.
In a press statement, the association highlighted that Article 22 of the Indian Constitution allows an accused person to engage an advocate of their choice.
However, the police and jail officials often compel the accused or their relatives to engage a particular advocate for bail, sharing a percentage of the fees collected.
"In many cases, when an accused is arrested in the first instance and brought to the police station or jail, the concerned police/jail officials will compel the accused and/or his/her relatives/families/friends to engage a particular advocate for bail. Vakalatnamas(legal documents authorizing an advocate to represent a litigant) or phone numbers of handpicked advocates are kept at police stations/jails and the accused will be compelled to appoint a particular advocate for their court cases. Behind this illicit practice, the concerned advocate will share a percentage of the fees collected with the police, as per their pre-agreed rate. This is the commission which the corrupt officials receive," mentioned the release.
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This practice, according to the association, puts unnecessary financial strain on the accused and their families and tarnishes the integrity of the investigation and justice system.
The Kohima Bar Association has raised the issue with the Director General of Police, Nagaland, urging action against the officials involved and advising its member-advocates to cease such practices.
The association also encourages anyone with knowledge of such malpractices to report to its office.