Now Reading: Kerala High Court slams lawyer for attesting false affidavit
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Kerala High Court slams lawyer for attesting false affidavit
The Kerala High Court has strongly criticised a lawyer for attesting his client's affidavit despite knowing it contained false statements. Justice MA Abdul Hakhim, in a judgment delivered on August 17, found that the petitioner's explanation about his bank transactions was not supported by documents on record.
The court noted that the advocate, as an officer of the court, should not have allowed the litigant to make false statements in pleadings. It condemned the practice and said such conduct undermines the integrity of the judicial process. However, considering the young age of the petitioner and his counsel, the court said it would not take action against them.
The case involved 22-year-old Safwan Muhamed Sherif, who sought to unfreeze his Federal Bank account. The bank had frozen it after receiving five requests from investigating agencies about transactions involving Rs 21 lakh. The court found that the account was used as a money mule, dismissed the petition, and directed police to register a crime against the petitioner under Section 111 of the Bhartiya Nyaya Sanhita 2023.
Indian Opinion Analysis
The Kerala High Court's warning comes amid a surge in cyber fraud cases where mule accounts are used to layer illicit funds. Banks are required under Reserve Bank of India guidelines to freeze accounts flagged by law enforcement, but petitioners often challenge such freezes. The court's direction to register a case under Section 111 BNS, which deals with organised crime, signals that using one's account as a mule is being treated as a serious offence. This judgment also reinforces the professional duty of advocates to verify affidavits before attestation, as the Bar Council of India rules require. The next development to watch is the police investigation and whether similar cases lead to stricter scrutiny of lawyers attesting pleadings.
Source: barandbench.com
This story was synthesised by AI from the source linked above. Methodology and corrections.
