Re Nirmal Singh: Application for Restoration to Roll of Advocates and Solicitors after Corruption and Criminal Breach of Trust Convictions
Nirmal Singh s/o Fauja Singh applied to the High Court of Singapore to have his name restored to the roll of advocates and solicitors, after being struck off due to convictions for corruption and criminal breach of trust. The Law Society and the Attorney General opposed the application. The court, comprising Chao Hick Tin JA, L P Thean JA, and Yong Pung How CJ, dismissed the application, finding that insufficient time had elapsed since the striking-off order and that the nature of the offenses did not warrant restoration at this time.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Application dismissed.
1.3 Case Type
Civil
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Application by Nirmal Singh to restore his name to the roll of advocates and solicitors was dismissed due to insufficient time elapsed since being struck off for corruption.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Nirmal Singh s/o Fauja Singh | Applicant | Individual | Application Dismissed | Lost | Davinder Singh, Ajay Advani |
| Law Society of Singapore | Respondent | Association | Objection Upheld | Won | Lok Vi Ming |
| Attorney General | Respondent | Government Agency | Objection Upheld | Won | Asanthi S Mendis |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Chao Hick Tin | Justice of Appeal | Yes |
| L P Thean | Justice of Appeal | No |
| Yong Pung How | Chief Justice | No |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Davinder Singh | Drew & Napier |
| Ajay Advani | Drew & Napier |
| Lok Vi Ming | Rodyk & Davidson |
| Asanthi S Mendis | State Counsel |
4. Facts
- The applicant was convicted of corruption and criminal breach of trust in 1993.
- The applicant was struck off the roll of advocates and solicitors in 1995.
- The applicant filed an application for restoration to the roll in 2001.
- The Law Society and the Attorney General opposed the application.
- The applicant had been a police officer before becoming a lawyer.
- The applicant offered a bribe to a police officer to let off his client.
- The applicant also solicited a bribe from his client.
5. Formal Citations
- Re Nirmal Singh s/o Fauja Singh, OM 600005/2001, [2001] SGHC 173
- Law Society of Singapore v Narmal Singh, , [1996] 2 SLR 184
- Re Chan Chow Wang, , [1982-1983] SLR 413
- Re Chan Chow Wang, , [1983] 2 MLJ 30
- Re Lim Cheng Peng, , [1987] SLR 486
- Re Lim Cheng Peng, , [1988] 1 MLJ 231
- Re Ram Kishan, , [1992] 1 SLR 529
- Law Society of Singapore v Dhanwant Singh, , [1996] 1 SLR 429
6. Timeline
| Date | Event |
|---|---|
| Applicant admitted as an advocate and solicitor of the Supreme Court of Singapore. | |
| Applicant became partner in Gurdaib, Cheong & Narmal. | |
| Applicant convicted of corruption and criminal breach of trust. | |
| Applicant released from prison. | |
| Disciplinary Committee concluded investigation and found sufficient cause for disciplinary action. | |
| Court ordered that the applicant be struck off the roll of advocates and solicitors. | |
| Applicant filed application seeking an order that his name be replaced on the roll of advocates and solicitors. | |
| Application dismissed. |
7. Legal Issues
- Restoration to Roll of Advocates and Solicitors
- Outcome: The court held that the applicant had not demonstrated sufficient rehabilitation and that the public interest outweighed the applicant's interest in being readmitted.
- Category: Substantive
- Related Cases:
- [1982-1983] SLR 413
- [1983] 2 MLJ 30
- [1987] SLR 486
- [1988] 1 MLJ 231
- [1992] 1 SLR 529
- [1996] 2 SLR 184
- [1996] 1 SLR 429
- Prematurity of Application
- Outcome: The court found that the application was premature due to the insufficient time elapsed since the applicant was struck off the roll.
- Category: Procedural
- Related Cases:
- [1982-1983] SLR 413
- [1983] 2 MLJ 30
- [1987] SLR 486
- [1988] 1 MLJ 231
- [1992] 1 SLR 529
- Nature and Gravity of Offences
- Outcome: The court determined that the nature of the applicant's offences (corruption and criminal breach of trust) was severe and did not warrant restoration to the roll at this time.
- Category: Substantive
- Related Cases:
- [1996] 1 SLR 429
8. Remedies Sought
- Order to replace the applicant's name on the roll of advocates and solicitors
9. Cause of Actions
- Application for Restoration to Roll
10. Practice Areas
- Professional Conduct
- Disciplinary Proceedings
11. Industries
- Legal
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Re Chan Chow Wang | High Court | Yes | [1982-1983] SLR 413 | Singapore | Cited for the principle that sentences of exclusion from the legal profession need not be exclusive forever, but the court must protect the public and the profession. |
| Re Chan Chow Wang | Unknown | Yes | [1983] 2 MLJ 30 | Malaysia | Cited for the principle that sentences of exclusion from the legal profession need not be exclusive forever, but the court must protect the public and the profession. |
| Re Lim Cheng Peng | High Court | Yes | [1987] SLR 486 | Singapore | Cited for the general rule that no solicitor who has been struck off the roll ought to contemplate taking out an application before the expiration of five years. |
| Re Lim Cheng Peng | Unknown | Yes | [1988] 1 MLJ 231 | Malaysia | Cited for the general rule that no solicitor who has been struck off the roll ought to contemplate taking out an application before the expiration of five years. |
| Re Ram Kishan | High Court | Yes | [1992] 1 SLR 529 | Singapore | Cited for the principle that the court must consider the protection of the interests of the public and the profession over the interests of the applicant. |
| Law Society of Singapore v Narmal Singh | High Court | Yes | [1996] 2 SLR 184 | Singapore | Cited as the case where the applicant was originally struck off the roll, and the court rejected the argument that a suspension would meet the ends of justice. |
| Law Society of Singapore v Dhanwant Singh | High Court | Yes | [1996] 1 SLR 429 | Singapore | Cited to demonstrate the difference in gravity between a striking-off order and an order for suspension for the full term of five years. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Legal Profession Act (Cap 161, 2000 Ed) | Singapore |
| s 102(1) of the Legal Profession Act (Cap 161, 2000 Ed) | Singapore |
| s 83(1) of the Legal Profession Act | Singapore |
| Prevention of Corruption Act | Singapore |
| Penal Code | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Restoration to roll
- Striking off
- Corruption
- Criminal breach of trust
- Legal Profession Act
- Public interest
- Rehabilitation
- Integrity
- Professional conduct
- Fitness to practice
15.2 Keywords
- restoration
- roll
- advocate
- solicitor
- corruption
- criminal breach of trust
- Singapore
- legal profession
16. Subjects
- Legal Profession
- Professional Responsibility
- Ethics
17. Areas of Law
- Legal Profession
- Admission to the Bar
- Restoration to Roll