Check Credentials Of Applicants, Call For Police Report Before Granting Licence To Practice Law: Allahabad HC To UP Bar Council

The Allahabad High Court has directed the Bar Council of Uttar Pradesh to call for a police report regarding all fresh and pending applications for a license to practise law.

The bench comprising of Justice Saumitra Dayal Singh and Justice Vinod Diwakar directed the State Government and Bar Council of Uttar Pradesh to “issue necessary directions and to ensure appropriate police report be called from the concerned Police Stations about all pending and fresh applications for issuance of license as is being done/followed for issuance of Passports.”

The Court observed 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.”

In 2022, the petitioner filed a complaint against a private respondent before the Bar Council of Uttar Pradesh that he had obtained the license to practice law and concealed the fact 14 criminal cases against him, in 4 of which he had been convicted. Petitioner argued that though the petitioner has obtained a license to practice law, “the respondent stands quite distanced from law.”

Directing that the disciplinary proceedings be complete within three months, the Court observed it was “alarming” that a person with a criminal history of fourteen cases was granted a license to practice law.

“Such license 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 person to practice.”

The Court observed that the Bar Council should have developed a procedure to ensure that all fresh applications received for the grant of license 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 the pendency of such cases and/or the 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 had not developed any such procedure to date to enforce its laws.

Case Title: Pawan Kumar Dubey v. State Of U.P. And 3 Others [WRIT - C No. - 42619 of 2023]

2023 LiveLaw (AB) 510

Appearances: Shri Suresh Chandra Dwivedi, counsel for petitioner, Shri Arimardan Singh Rajput, Additional Chief Standing Counsel for State-respondents and Shri Ashok Kumar Tiwari, counsel appearing for the Bar Council of Uttar Pradesh.

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