In a significant move to uphold the integrity of the legal profession, the Madras High Court has directed the Crime Branch-Criminal Investigation Department (CBCID) to investigate a law firm and its associates for alleged involvement in unlawful activities concerning a land transaction in Chennai. The court's decision stems from observations of forum shopping, misrepresentation, and attempts to legitimize illegal actions by the parties involved.
The case revolves around a prime property located on Subbarayan Salai in Mylapore, Chennai, spanning approximately three grounds and 1,995 square feet. This property had been under encroachment by 67 families for nearly 98 years, leading to around 40 civil suits over time. The rightful owners—M.A. Noor Jehan Beevi, K.A. Shaik Madar (a retired Indian Air Force veteran), and Abdul Hassan—sought to reclaim and sell the property. They entered into an agreement on February 6, 2023, with Jamal Mohammed Ibrahim, who operates JMI Law Associates, an online law consultancy firm, to evict the encroachers and facilitate the sale of the land for ₹7.25 crore.
Ibrahim, after making an initial payment of ₹1 crore, managed to evict several encroachers. However, complications arose when the landowners initiated separate negotiations with another party, Life Style Builders, leading to disputes over the property's ownership and sale agreements. This prompted Ibrahim to approach the City Civil Courts for relief, but upon facing unfavorable outcomes, he escalated the matter to the High Court through his associate, Kamalesh Chandrakumar, the manager of JMI Law Associates.
During the proceedings, it was revealed that Advocate Preethi Baskar, representing the petitioner, had previously represented the property's title owners in earlier litigations concerning the same property. This raised concerns about potential conflicts of interest and professional misconduct. Further scrutiny uncovered that JMI Law Associates, primarily managed by Ibrahim—a non-lawyer—had been engaging in online advertisements soliciting clients, a practice prohibited under the Advocates Act. The firm's promotional materials misleadingly highlighted routine legal services and cited daily court orders, including the names of sitting judges, to create a deceptive impression among the public.
Justice A.D. Jagadish Chandira, presiding over the case, expressed profound concern over these revelations. He noted that the actions of the individuals involved appeared to undermine the judicial system, turning it into a mockery. The judge emphasized that the legal profession is a noble one, not a business or trade, and that advocates must maintain scrupulous honesty and fairness towards their clients.
In light of these findings, the court ordered the formation of a special investigation team within the CBCID, led by an officer above the rank of Deputy Commissioner of Police. This team is tasked with conducting a preliminary inquiry into the authenticity of the police complaints filed by the parties and examining the role of JMI Law Associates and its associates in the land transaction. The investigation will also extend to identifying any other cases involving similar modus operandi by the firm and its members.
Furthermore, the court directed all police personnel in Tamil Nadu to strictly adhere to standard operating procedures when registering complaints and issuing Community Service Registers (CSRs). In cases involving immovable property, legal opinions from the Public Prosecutor must be sought before closing complaints on the grounds of being civil in nature.
The Bar Council of Tamil Nadu and Puducherry has also been instructed to conduct a detailed inquiry into the educational qualifications and enrollment authenticity of the advocates in question. The council is to verify the legitimacy of the law firm's operations and issue press releases to educate the public against misleading advertisements by law firms. Additionally, the Bar Council has been urged to ensure strict adherence to internship programs within legal education to maintain the profession's standards.
This case underscores the judiciary's commitment to preserving the sanctity of the legal profession and ensuring that legal practitioners adhere to ethical standards. By ordering a thorough investigation into the alleged misconduct, the Madras High Court aims to deter similar unethical practices and reinforce the importance of integrity within the legal community.
The outcome of the CBCID's investigation will be pivotal in determining the extent of the alleged unlawful activities and ensuring that those responsible are held accountable. This proactive approach by the judiciary serves as a reminder that the legal system must remain vigilant against any actions that could compromise its integrity and the public's trust.
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