In a landmark decision, the Allahabad High Court has mandated the Bar Council of Uttar Pradesh to implement a police verification process before issuing a license to practice law. This directive aims to prevent individuals with criminal histories from entering the legal profession by concealing their past during the application process.
Also read-Allahabad High Court Clarifies SC/ST Act’s Applicability In Private Spaces (lawchakra.in)
The court’s decision, issued by a division bench comprising Justice Vinod Diwakar and Justice SD Singh on December 21, emphasizes the critical need for thorough background checks in the legal profession. The bench stated,
“A provisional license issued pending an adverse police report may be cancelled upon such a report being submitted.”
This approach mirrors the verification process used for passport issuance, ensuring a higher standard of scrutiny for prospective lawyers.
Also read-Amitpal Singh Case: Punjab HC Denies Bail In Ajnala Police Station Siege (lawchakra.in)
This ruling was in response to a writ petition filed by Pawan Kumar Dubey, who brought to light a case where an individual, despite having 14 criminal cases against them, including four convictions, managed to obtain a lawyer’s license by concealing this information. The High Court, taking cognizance of this serious issue, directed the Bar Council to conduct and complete disciplinary proceedings within three months. The court expressed its concern over granting a license to an individual with a criminal history, noting the potential harm such practices could cause to society and the legal community. The court firmly stated,
“The Advocates’ Act prohibits admission of such persons to practice.”
The Allahabad High Court’s order underscores the necessity for the Bar Council to establish a stringent procedure for police verification of all new license applications, particularly those involving criminal charges or convictions. The court emphasized that if an applicant fails to disclose such material particulars, their application may be outright rejected. This decision marks a crucial step towards maintaining the sanctity and trustworthiness of the legal profession in India, ensuring that the practice of law remains in the hands of individuals who uphold the highest ethical standards.
Also read-Allahabad High Court Ruling: Cruelty In Marriage As A Decisive Ground For Divorce (lawchakra.in)