Allahabad High Court: In a complaint against the respondent with respect to concealment of vital information regarding pendency of fourteen criminal cases, and obtaining a license to practice law, the division bench of Saumitra Dayal Singh and Vinod Diwakar,JJ. directed respondent 3 to undertake and complete the disciplinary proceedings brought by the petitioner as expeditiously as possible, preferably, within a period of three months, in accordance with law. Further, directed UP Bar Council to issue necessary directions and to ensure appropriate police report be called from the Police Stations concerned about all pending and fresh applications for issuance of license as is being done/followed for issuance of Passports.
The Court noted that the present complaint is pending with the Bar Council of Uttar Pradesh since 25-9-2022 and said that appropriate action should have been taken by now.
The Court expressed shock that the person carrying a criminal history of fourteen cases, of which he has already been convicted in four cases, obtained license to practice law. Further, it said that such license if allowed to arise and/or continue, may cause harm to society in general and the legal fraternity in particular. The Advocates Act prohibits admission of such person to practice.
The Court said that UP Bar Council should have developed a procedure to ensure that all fresh applications received for grant of license are subjected to police verification procedure in a time bound manner.
Further, it said that all the applicants, who may be facing criminal charges and/or may have been convicted are bound to inform the Bar Council at the stage of making their applications as to pendency of such cases and/or existence of any order of conviction. If such material particulars are not disclosed by an applicant, his application may be rejected at the threshold. The Court was surprised that the Bar Council has not yet evolved a procedure to enforce its own law.
Thus, the Court directed State and UP Bar Council to issue necessary directions and to ensure appropriate police report be called from the Police Stations concerned about all pending and fresh applications for issuance of license as is being done/followed for issuance of Passports. It further remarked that such due diligence procedure would ensure that a person who may carry a criminal history and who may conceal that information, be prevented from misleading the Bar Council in obtaining a license. A provisional license issued pending an adverse police report may be cancelled upon such report being submitted.
[Pawan Kumar Dubey v State of UP, 2023 SCC OnLine All 2923, Order dated 21-12-2023]
