Supreme Court stays Allahabad HC order against two lawyers

The Supreme Court on Monday stayed the Allahabad High Court's order for criminal proceedings and disciplinary action against two advocates accused of filing a manipulated land acquisition award. The bench of Justice PK Mishra and Justice Shree Chandrashekhar also stayed the direction to lodge complaints with the Bar Council of India and the State Bar Council seeking cancellation of the advocates' licences. The interim order was passed on a petition by advocate Shiv Kant Mishra, one of the accused. The matter will be heard next on October 12.

The Allahabad High Court, on July 30, had found that advocates Shiv Kant Mishra and Krishna Kant Mishra deliberately altered the contents of the award to secure higher interest for their client. The High Court had ruled that their conduct prima facie attracted perjury under Section 199 of the IPC. The Supreme Court has now stayed that order.

The dispute originated from a land acquisition matter where the Bareilly Development Authority (BDA) claimed the typed copy of the award attached to the landowners' petition wrongly showed interest at 9 percent for the first year and 15 percent thereafter, while the original award only stated interest payable 'as per rules'. The High Court had allowed the BDA's review petition and ordered action against the lawyers.