Applications For Bar Council License Should Be Subjected To Police Verification About Applicant's Criminal History: Allahabad HC

The Allahabad High Court directed the Uttar Pradesh Government to ensure appropriate police verification with regard to the pending and fresh applications for issuance of license from the Bar Council.

A Division Bench comprising Justice Saumitra Dayal Singh and Justice Vinod Diwakar ordered, “… we further direct respondent nos.1 & 2 to forthwith issue necessary directions and to ensure appropriate police report be called from the concerned Police Stations with regard to all pending and fresh applications for issuance of license as is being done/followed 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 license. A provisional license issued pending an adverse police report may be cancelled upon such report being submitted.”

Advocate Suresh Chandra Dwivedi represented the petitioner while Additional Chief Standing Counsel Arimardan Singh Rajput represented the State and Advocate Ashok Kumar Tiwari represented the Bar Council of UP.

The petitioner named Pawan Kumar Dubey had made a complaint against the private-respondent with respect to concealment of vital information regarding pendency of fourteen criminal cases, of which he was convicted in four cases. By concealing that information, the respondent had obtained a license to practice law, though according to the counsel for the petitioner, the respondent stood quite distanced from law.

The High Court in the above context said that whatever be the true facts, at present the complaint appears to be pending with the Bar Council of Uttar Pradesh since September 25, 2022. It said that much time has passed and appropriate action should have been taken thereon, by now.

“Accordingly, the instant petition is disposed of with a direction upon respondent no.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”, directed the Court.

The Court noted that it is alarming that a person carrying criminal history of fourteen cases, of which he has already been convicted, obtained license to practice law. It further observed that if such a license is allowed to arise and/or continue, it may cause harm to the society in general and the legal fraternity in particular.

“The Advocates Act prohibits admission of such person to practice. … Respondent no.2 ought to 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. 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”, also said the Court

In this regard, the Court added by saying that it is surprising that the Bar Council has yet not evolved a procedure to enforce its own law.

Accordingly, the High Court disposed of the instant petition and issued necessary directions.

Cause Title- Pawan Kumar Dubey v. State of U.P. and 3 Others (Neutral Citation: 2023:AHC:242340-DB)

Click here to read/download the Order