PANAJI
A Mapusa-based lawyer has blown the lid off a shocking practice across police stations wherein a set of lawyers connive to coerce accused in custody to engage them through 'friendly' police officers and 'fix' bail litigations.
The lawyer, Vinayak Porob, who is based in Mapusa has elaborated this lawyer-police nexus in a complaint memo he has submitted recently to top authorities including the Governor, the Director-General of Police and the Chief Secretary among others.
Porob said in his complaint-memo that the malpractice in the legal field has reached such a nadir that Wakalatnamas of handpicked advocates are kept at police stations and investigating officers (IOs) compel accused in their custody to appoint a particular advocate for their bail applications.
"Part of the fees charged are paid as commissions to the IOs," Porob alleged in the complaint memo to the Governor and others.
Porob also said, most accused and their family members give in and engage these lawyers suggested by IOs as they wouldn't dare antagonise the latter.
In cases of longer periods of custody or when police pray for remand extensions, the role of an advocate for the accused becomes crucial. In such cases, the consequences of not engaging the services of an advocate of the IO's choice are very severe, Porob said.
Porob also said in other cases where multiple accused are involved, the one who picks an advocate of his own choice and not that suggested by the IO bears the brunt.
Police custody remand is sought of such accused while for the other co-accused who engaged the favoured lawyer judicial custody is pleaded for, according to Porob.
Should an independent lawyer succeed in securing bail, the IOs continue to harass their clients through frequent directions to appear at the police station under the guise of "investigation" as per bail conditions, Porob said in his written complaint-memo.
That's not all. Porob said the bias of the IOs against those accused who choose lawyers of their preference percolates to the prosecution level and reflects in charge-sheets.
"After completion of the investigation, he presents a weak charge-sheet against the accused whose advocate is of his/her choice and a strong case is made out against the others," Porob's complaint-memo states.
"The IOs and some advocates are operating a syndicate to extort money from helpless accused detained in police custody," Porob states and pleads for 'strict action' against it from the administration and also the courts.
He also sought that an inquiry be conducted by appointing a committee to bust the "racket" of police officers and advocates, lest the public's faith in the criminal justice system is adversely affected.
Several prominent lawyers specialising in criminal law contacted by The Goan for comments admitted such dubious practice in their field is in their knowledge. They, however, declined to come on record or be identified.
