Obtain police report before giving licence to practice law: Allahabad HC

Prayagraj, Dec 28: The Allahabad High Court has directed the Bar Council of Uttar Pradesh to obtain police report regarding criminal history, if any, of applicants before enrolling them as advocate, so that persons having criminal antecedents are not permitted to get licence to practice law.

Accordingly, the court, on Wednesday, directed the state government as well as Bar Council of UP to forthwith issue necessary directions and to ensure appropriate police report from the concerned police stations, with regard to all pending and fresh applications for issuance of licence as is being done for issuance of passports.

“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 licence. A provisional licence issued pending an adverse police report may be cancelled upon such report being submitted,” added the court.

In the present case, one Pawan Kumar Dubey had moved a complaint against the private-respondent with respect to concealment of vital information regarding pendency of 14 criminal cases, of which he has been convicted in four cases.

By concealing that information, the respondent has obtained a licence to practice law, though according to counsel for the petitioner, the respondent stands quite distanced from law.

While disposing of the writ petition, the court directed the Bar Council UP 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.

Expressing its deep concern over the state of affairs going on in the field of law practice, the court observed, “It is alarming to note that a person carrying a criminal history of 14 cases, of which he has already been convicted in four cases, obtained licence to practice law. Such a licence, if allowed to arise and/or continue, may cause harm to the society in general and the legal fraternity in particular. The Advocates’ Act prohibits admission of such persons to practice.”

The Bar Council of UP should have developed a procedure to ensure that all fresh applications received for the grant of licence are subjected to police verification procedure in a time bound manner.

“All 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 stated.