'Case files are not Ransom': HC issues Notice to Advocate for withholding Client Documents in MACT dispute

In a matter raising serious concerns over professional accountability, the Kerala High Court has issued notice on a petition accusing an advocate of refusing to return a client’s case files despite repeated requests and tribunal directions. The Court’s intervention comes amid allegations that such conduct has stalled pending claim proceedings, directly impacting the petitioner’s access to justice and livelihood.

The dispute arose from a Motor Accidents Claims Tribunal (MACT) case, where the petitioner alleged that his counsel persistently withheld essential case records even after multiple written requests. The situation escalated when the Tribunal itself recorded non-compliance and advised the petitioner to approach the Bar Council of Kerala. Acting on this, the petitioner filed a disciplinary complaint, alleging not only non-return of documents but also receipt of unsigned disengagement letters and indirect threats through digital communication. Despite this, no action was taken on the complaint, prompting the present writ plea.

The Court acknowledged the seriousness of the allegations and the potential prejudice caused to the petitioner’s pending claim. The Court observed that the issue warrants examination, particularly in light of the alleged inaction by the regulatory body. Recording the submissions, the Court issued notice to all respondents, including the advocate concerned, and directed that the matter be listed for further consideration.

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