The Gauhati High Court has set aside costs and a professional-misconduct referral imposed on two advocates after the petitioner in their case could no longer be located.
In Harbinder Singh Kalsi v State of Assam, the advocates had filed a writ petition seeking a court-monitored investigation into a former police officer’s death. A single judge dismissed the petition after the named petitioner could not be traced, imposed ₹50,000 costs on each lawyer and referred them to the Bar Council.
The appellate bench upheld dismissal of the underlying petition but said advocates cannot be made guarantors for a client’s physical whereabouts after filing. The lawyers said the petitioner had appeared in the High Court campus, was identified through ordinary institutional channels and had previously been named in a property caveat.
Chief Justice Ashutosh Kumar and Justice Arun Dev Choudhury removed the costs and disciplinary referral. They nevertheless cautioned advocates to verify clients and pleadings carefully when accepting instructions through professional colleagues.