The Union Home Ministry and the Maharashtra State Government have called for action against Senior Advocate Siddharth Luthra and other associated advocates. This follows allegations of fraud on the Supreme Court through forgery and perjury, alongside accusations of accepting Rs. 10 crores ostensibly on behalf of Supreme Court Judges to secure anticipatory bail for a female inspector. This inspector faced serious charges under Section 307 of the IPC and the Arms Act for misusing service revolvers.
This message has been widely circulated on social media. In response, our team conducted an impartial fact-check, which included a thorough review of Supreme Court records, relevant complaints, and orders passed by the Supreme Court and government authorities.
Our investigation confirms the authenticity of the claims. It has been established that Senior Advocate Siddharth Luthra engaged in deceitful practices before the Supreme Court. Consequently, both the Union Home Ministry and the Maharashtra State Government have ordered an inquiry and action against him.
1. Brief Summary of Gross Professional Misconduct, Falling Standards of Professional Ethics, and Dishonesty by Senior Advocate Siddharth Luthra
1.1 The records indicate that Senior Advocate Siddharth Luthra represented Motor Inspector Smt. Gita Shejwal from the RTO department in an anticipatory bail case before the Supreme Court, with Justice Prasanna Warale presiding.
1.2 The Inspector in question was charged under Section 307 of the IPC and provisions of the Arms Act for allegedly injuring a fellow officer with a service revolver during a dispute over the distribution of extortion or bribe money.
1.3 The anticipatory bail application for the Inspector was previously rejected by both the Sessions Court and the High Court of Bombay. She is facing many serious criminal charges by Police including case under Prevention Of Corruption Act.
1.4 Consequently, she sought recourse at the Supreme Court through Advocate Siddharth Luthra.
1.5 Advocate Siddharth Luthra obtained an anticipatory bail order by falsely claiming before the Supreme Court that a similarly situated co-accused had been granted anticipatory bail. In reality, no anticipatory bail had been granted to any co-accused, particularly none charged under Section 307 of the IPC.
1.6 In response, an application has been filed by Intervenor Shri Mursalin Sheikh, calling for action against Senior Advocate Siddharth Luthra and other co-conspirator advocates for alleged perjury and contempt.
Interlocutory Application No. 7339 of 2024 in Special Leave Petition (Criminal) No. 2725 of 2024.
The prayers in the said Interlocutory Application (Perjury Application) are as follows:
(i) Record a finding as per Section 340 of the Cr.P.C that the accused Smt. Gita Shejwal in her Affidavit in SLP No. 2725 of 2024 had made a blatant false statement that the co-accused Shri. Sanket Gaikwad had been granted anticipatory bail and on the basis of said false statement, the co-accused Sr. Counsel Shri. Siddharth Luthra obtained anticipatory bail protection from this Honāble Court, and the Advocate-on-record Smt. Ranu Purohit and other associate counsels including Shri. Asif Qureshi were part of the conspiracy in playing fraud upon the Court. Therefore, in the interest of justice, it is just and necessary that a complaint be filed under section 191, 192, 193, 199, 200, 466, 120(B) 109, 34 etc. of the Indian Penal Code and also, an action is required to be taken against accused under section 2(c), 12 of the Contempt of Court Act, 1971;
(ii) Direct the Registrar or any person to file Complaint under Section 343 of the Cr.P.C. against accused before the Magistrate having jurisdiction;
(iii) Issue non-bailable warrant of arrest against accused Smt. Gita Shejwal, Adv. Siddharth Luthra & others as per section 340 of Cr.P.C and law laid down in the case of Arvinder Vir Singh Vs. State Of Punjab (1998) 6 SCC 352.
(iv) Impose a cost of Rs. 5 Crore upon Smt. Gita Shejwal, Adv. Siddharth Luthra & others;
(v) Direct Bar Council to take action against Adv. Siddharth Luthra, Adv. Asif Qureshi & other advocates for their gross professional misconduct;
(vi) Prohibit Adv. Siddharth Luthra & other advocates who are ex facie guilty of gross professional misconduct from appearing in Supreme Court & all Courts for lifetime;
(vii) Pass appropriate direction for withdrawing Senior Counsel Designation of Adv. Siddharth Luthra;
(viii) Pass any other order which this Honāble Court deems fit & proper in the facts & circumstances of the case and in the larger interest of the justice.
Download the copy of the said Interlocutory Application on below link:
https://drive.google.com/file/d/1Rwr8kMZLhGbUVuEexc-WoiPcirMqPFMG/view?usp=sharing
1.7 In addition to the said Interlocutory Application, a complaint has been filed by Sh. Ishwarlal Agarwal, President of the Supreme Court Lawyers Association, addressed to the President of India, the Union Home Minister, and other relevant authorities.
1.8 The complaint alleges that a sum of Rs 10 Crores were exchanged in the name of Supreme Court Judges, and it calls for action against Senior Advocate Siddharth Luthra and others involved.
1.9 In response, the Union Home Minister, through a written communication dated July 15, 2024, has directed the Bar Council of India to take appropriate action against Advocate Siddharth Luthra and others.
1.10 Since some of the implicated advocates are members of the Bar Council of Maharashtra & Goa, a copy of the complaint has also been forwarded to this body by the Under Secretary of the Legal Department of the Maharashtra State Government. Advocate Aasif Qureshi is specifically mentioned as having assisted Advocate Siddharth Luthra, and his involvement clear from the Supreme Court order, which was allegedly obtained by committing fraud upon the Court.
1.11 The written communications from the Union Home Ministry and the Under Secretary of the Legal Department of the Maharashtra State Government regarding this matter can be accessed through the provided links.
Link: https://drive.google.com/file/d/1dYYFmy7czVwAn4x5ZWwmdxkvHOZ7WV36/view?usp=sharing
2. Allegation of a Sting Operation Video Involving Advocate Siddharth Luthra
2.1. In this matter, the witness has declined to disclose the digital evidence, stating that it can only be submitted to the CBI. Therefore, we are unable to assert any claims regarding digital evidence.
3. Investigations into Other Alleged Frauds by Advocate Siddharth Luthra and the Anti-Corruption Department of Maharashtra Police
3.1. A witness and complainant have asserted possession of evidence regarding serious offenses, including theft and destruction of Supreme Court records in a separate case.
3.2. These allegations and evidence have been verified by our team and found to be credible. In this case, the involvement of two retired Supreme Court Judges, Sh. Deepak Gupta and Sh. Aniruddha Bose, has also been established. They allegedly offered crores of Rupees to the complainant to persuade them to withdraw the complaint. Following a directive from the Office of the President of India, the Anti-Corruption Department of Maharashtra Police initiated an investigation and recorded statements from the witnesses.
