Dr Sahu Khan disbarred
Prominent Fiji lawyer and Fiji Football Association president Dr Muhammed Shamsud-Dean Sahu Khan was disbarred yesterday in a shock decision that has rattled the community and his supporters.
Dr Sahu Khan has been struck off from the roll of legal practitioners ¬– effectively ending the Ba community stalwart’s career as a lawyer.
This was the judgment delivered by the Independent Legal Services Commission after he was found guilty of professional misconduct. Dr Sahu Khan is also the Oceania representative on the board of Fifa, the world soccer body.
Dr Sahu Khan, after the judgment yesterday, was consoled by his daughter on learning that he would no longer be part of Fiji's legal society.
Commissioner John Connors said Dr Sahu Khan's act was a disgrace and his misleading submissions to the Commission were “reprehensible”.
Along with Dr Sahu Khan, Suva lawyer Mehboob Raza and Ba lawyer Vipul Mishra were slapped with heavy fines after being found guilty of professional misconduct.
The duo escaped being barred from practicing law and were ordered by the Independent Legal Services Commission to pay heavy, fines to compensate for their client's losses.
Mishra was found guilty of professional misconduct alongside Dr Shamsud-Dean Sahu Khan. Mishra was ordered to pay $10,241.83 within 28 days and do all things necessary to facilitate the removal of Sashi Kiran's mortgage whether by legal action or payment of the mortgage before December 31, 2011.
Meanwhile Raza was ordered by Commissioner Connors to pay a sum of $10,713.50 or face a similar suspension of his legal practicing certificate after he was found guilty of one count of unprofessional conduct.
Commissioner Connors said in a country like Fiji, where the levels of literacy and understanding were not as high as in developed countries, the position held by a legal practitioner was special and the responsibilities were even greater.
In his judgment, Commissioner Connors said young lawyers must be made to realise that this type of conduct was not acceptable and the public must be protected from such misconduct.
Dr Sahu Khan faced the Commission early this year after allegations he failed to comply with a Deed of Indemnity and Guarantee which he executed with his client Sashi Kiran in 2006.
According to the deed, Dr Sahu Khan had stated that he would take full responsibility for paying Ms Kiran the sum of $120,000 if the civil suit they filed against the Registrar of Titles and the Attorney-General's Office was dismissed.
Following Dr Sahu Khan's failure to comply with the deed, his client, Ms Kiran had to pay the $120,000 that was supposed to be paid by him.
And as punishment for his act, Commissioner Connors ordered that Dr Sahu Khan's name be “struck from the roll of legal practitioners” and to cover Ms Kiran with respect to any money paid by her as a result of his actions.
Commissioner Connors then ordered the Fiji FA president to pay all principal and interest owing on the loan in the sum of $120,000 referred to in the deed of guarantee and indemnity within 28 days.
Dr Sahu Khan was also ordered to pay a further sum of $478 in witness expenses to the Commission.
He was then asked to lodge his passport with the Commission within 24 hours for retention until all the orders were complied with.
Mishra, 53, was warned that if he did not pay the fine imposed on him within the requested time, then his licence would be suspended. Mishra was representing Ambika Nand for the sale of Nand's land situated in Ba to Ms Kiran, and failing to properly inquire or cause proper inquiry concerning the mortgage on the land.
The charge said Mishra subsequently transferred the land to Ms Kiran, a conduct which involved a substantial failure to reach a reasonable standard of competence and diligence.
The second charge said Mishra failed to disclose to Ms Kiran or her solicitor, all the material facts concerning the piece of land.
He has been fined $10,000 which should be paid to the Commission within 28 days.
Apart from this, he will also have to pay $241.83 as witness expense and both should be paid within 28 days fail which his practising certificate shall be suspended.
The Commission heard that Raza failed to protect his client, Ms Kiran’s interest in the land situated in Ba, where a duly executed transfer to Ms Kiran had been lodged with the Registrar of Titles.
He was also told to pay $600 to the Commission which will be paid to Ms Pratap for fees paid by her.
Raza has also been ordered to pay $113.50 as witness expenses.
He will have to pay $10,713.50 to the Commission within 28 days, failing which his practicing certificate shall be suspended without further notice.
Prominent Fiji lawyer and Fiji Football Association president Dr Muhammed Shamsud-Dean Sahu Khan was disbarred yesterday in a shock decision that has rattled the community and his supporters.
Dr Sahu Khan has been struck off from the roll of legal practitioners ¬– effectively ending the Ba...
Prominent Fiji lawyer and Fiji Football Association president Dr Muhammed Shamsud-Dean Sahu Khan was disbarred yesterday in a shock decision that has rattled the community and his supporters.
Dr Sahu Khan has been struck off from the roll of legal practitioners ¬– effectively ending the Ba community stalwart’s career as a lawyer.
This was the judgment delivered by the Independent Legal Services Commission after he was found guilty of professional misconduct. Dr Sahu Khan is also the Oceania representative on the board of Fifa, the world soccer body.
Dr Sahu Khan, after the judgment yesterday, was consoled by his daughter on learning that he would no longer be part of Fiji's legal society.
Commissioner John Connors said Dr Sahu Khan's act was a disgrace and his misleading submissions to the Commission were “reprehensible”.
Along with Dr Sahu Khan, Suva lawyer Mehboob Raza and Ba lawyer Vipul Mishra were slapped with heavy fines after being found guilty of professional misconduct.
The duo escaped being barred from practicing law and were ordered by the Independent Legal Services Commission to pay heavy, fines to compensate for their client's losses.
Mishra was found guilty of professional misconduct alongside Dr Shamsud-Dean Sahu Khan. Mishra was ordered to pay $10,241.83 within 28 days and do all things necessary to facilitate the removal of Sashi Kiran's mortgage whether by legal action or payment of the mortgage before December 31, 2011.
Meanwhile Raza was ordered by Commissioner Connors to pay a sum of $10,713.50 or face a similar suspension of his legal practicing certificate after he was found guilty of one count of unprofessional conduct.
Commissioner Connors said in a country like Fiji, where the levels of literacy and understanding were not as high as in developed countries, the position held by a legal practitioner was special and the responsibilities were even greater.
In his judgment, Commissioner Connors said young lawyers must be made to realise that this type of conduct was not acceptable and the public must be protected from such misconduct.
Dr Sahu Khan faced the Commission early this year after allegations he failed to comply with a Deed of Indemnity and Guarantee which he executed with his client Sashi Kiran in 2006.
According to the deed, Dr Sahu Khan had stated that he would take full responsibility for paying Ms Kiran the sum of $120,000 if the civil suit they filed against the Registrar of Titles and the Attorney-General's Office was dismissed.
Following Dr Sahu Khan's failure to comply with the deed, his client, Ms Kiran had to pay the $120,000 that was supposed to be paid by him.
And as punishment for his act, Commissioner Connors ordered that Dr Sahu Khan's name be “struck from the roll of legal practitioners” and to cover Ms Kiran with respect to any money paid by her as a result of his actions.
Commissioner Connors then ordered the Fiji FA president to pay all principal and interest owing on the loan in the sum of $120,000 referred to in the deed of guarantee and indemnity within 28 days.
Dr Sahu Khan was also ordered to pay a further sum of $478 in witness expenses to the Commission.
He was then asked to lodge his passport with the Commission within 24 hours for retention until all the orders were complied with.
Mishra, 53, was warned that if he did not pay the fine imposed on him within the requested time, then his licence would be suspended. Mishra was representing Ambika Nand for the sale of Nand's land situated in Ba to Ms Kiran, and failing to properly inquire or cause proper inquiry concerning the mortgage on the land.
The charge said Mishra subsequently transferred the land to Ms Kiran, a conduct which involved a substantial failure to reach a reasonable standard of competence and diligence.
The second charge said Mishra failed to disclose to Ms Kiran or her solicitor, all the material facts concerning the piece of land.
He has been fined $10,000 which should be paid to the Commission within 28 days.
Apart from this, he will also have to pay $241.83 as witness expense and both should be paid within 28 days fail which his practising certificate shall be suspended.
The Commission heard that Raza failed to protect his client, Ms Kiran’s interest in the land situated in Ba, where a duly executed transfer to Ms Kiran had been lodged with the Registrar of Titles.
He was also told to pay $600 to the Commission which will be paid to Ms Pratap for fees paid by her.
Raza has also been ordered to pay $113.50 as witness expenses.
He will have to pay $10,713.50 to the Commission within 28 days, failing which his practicing certificate shall be suspended without further notice.
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