Allahabad HC to UP Bar Council: Addressing Pending Complaints of ‘Professional Misconduct’ by Lawyers

Allahabad High Court directs Uttar Pradesh Bar Council to address lawyer misconduct complaints legally and compile a thorough list for review and action.

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Allahabad HC to UP Bar Council: Addressing Pending Complaints of 'Professional Misconduct' by Lawyers

Uttar Pradesh: Recently, The Allahabad High Court has issued a directive to the Bar Council of Uttar Pradesh, instructing them to address the backlog of complaints related to professional misconduct by lawyers in a legally compliant manner. The court has mandated the council to compile a thorough list of these pending complaints and submit it for review and appropriate action within the bounds of the law.

A Division Bench, comprised of Justice Saumitra Dayal Singh and Justice Donadi Ramesh, made this decision after coming across various cases where the State Bar Council had failed to address complaints against lawyers in a timely manner. The court was hearing a specific case where the petitioner had lodged a complaint against a lawyer in November 2021, which remained unresolved.

Expressing concern over the lack of action within the stipulated one-year period, the court decided to transfer the proceedings to the Bar Council of India. In light of the recurring nature of similar petitions, the court stressed the importance of the Bar Council of Uttar Pradesh taking these matters more seriously. They emphasized that the council should process and conclude all complaints of professional misconduct within a specified timeframe.

The court further recommended that the Bar Council of Uttar Pradesh provide complainants with regular updates on the status of their complaints. They suggested that this information should either be directly communicated to the complainants or made accessible on the council’s official website. By enhancing transparency, complainants would be able to remain informed about the progress of their cases.

“We have observed a consistent trend of petitions presenting similar accusations. With a structured process in effect, including specific timelines for complaint resolution and the possibility of transferring unresolved cases to the Bar Council of India after one year, it is incumbent upon the Bar Council of Uttar Pradesh to treat these matters with increased seriousness.”

– stated the Court.

The court also requested detailed information regarding the status of the petitioner’s complaint and demanded a comprehensive list of all other pending complaints. These details will be reviewed during the next hearing scheduled for May 13.

Allahabad HC to UP Bar Council: Addressing Pending Complaints of 'Professional Misconduct' by Lawyers

Advocates AP Singh and Ashraf Ali, representing the petitioner, highlighted the importance of timely resolution of complaints and the need for accountability among lawyers involved in professional misconduct.

This directive from the Allahabad High Court marks a significant step towards establishing an efficient and transparent system for dealing with complaints of professional misconduct by lawyers. By urging the Bar Council of Uttar Pradesh to address these matters diligently and within a specified timeframe.

Case Title:

Smt. Kailashpati vs State of UP & 3 Others

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author

Joyeeta Roy

LL.M. | B.B.A., LL.B. | LEGAL EDITOR at LAW CHAKRA

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