The Allahabad High Court has granted interim anticipatory bail to three people accused of obtaining enrolment as advocates with the Bar Council of Uttar Pradesh on the basis of allegedly forged educational certificates. The orders, passed by Justice Rajiv Lochan Shukla in three separate matters, were reported by LiveLaw and LawChakra on 9 November.

Each applicant faces a separate FIR registered at Civil Lines police station in Prayagraj under provisions of the Bharatiya Nyaya Sanhita relating to cheating and forgery.

The allegations

According to the reports, Shyam Singhal is accused of submitting a Bachelor of Arts certificate attributed to Thiruvalluvar University in Tamil Nadu, which the university reportedly told the Bar Council was not genuine. He has reportedly surrendered his certificate of practice. Harish Chandra, 65, is accused of securing enrolment on a fake law degree. Ram Krishna Mishra is accused of relying on forged documents for a BA LLB attributed to Glocal University, Saharanpur; his counsel argued that his marksheet and other records had not been shown to be forged.

What the court decided

The applicants argued that a degree or marksheet is not a valuable security, so the most serious forgery provision invoked against them should not apply. The court found that argument sound at first sight, while stressing that it was not deciding the applications finally. It also noted that the remaining offences carry a maximum sentence of seven years.

The applicants are to be released on a personal bond and surety if arrested. They must join the investigation when required, must not influence or threaten witnesses, and must not leave India without permission. The prosecution may seek cancellation if conditions are breached. Counsel for the Bar Council opposed leniency, saying such cases give the profession a bad name. The matters are listed again later in November.

All three are accused, not convicted. The orders reflect only a preliminary view of the legal questions.

Verification lessons

The case turns on a familiar weak point: degrees accepted at enrolment and checked only years later. Bar councils, employers and courts can ask the issuing university to confirm a degree in writing, check that the institution and course were recognised in the year of award, and keep a record of every verification so it can be produced if a dispute arises.

Sources

This News Desk report summarises information published by the sources above, written in our own words. Persons named in criminal matters are accused, not convicted, unless a court has ruled otherwise. To report an error, use our contact page.

Allahabad High CourtBar Council of Uttar PradeshLaw degreesAnticipatory bailCourt orders

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