‘License Suspension May Cause Irreparable Financial & Social Consequences’: Allahabad HC Temporarily Suspends Lawyer's Conviction Pending Appeal

The case originated from a trial court judgment convicting the lawyer and others following a clash between two groups. The lawyer was found guilty of various offences under the Indian Penal Code (IPC) and sentenced to five years' imprisonment. He subsequently appealed the verdict in the High Court and was granted bail.

Simultaneously, the trial court's decision triggered a complaint to the Bar Council of Uttar Pradesh, prompting proceedings to suspend the lawyer's bar license. His counsel argued that the accused lawyer, being young, would suffer irreparable harm to his finances and reputation if his license were revoked based on this complaint.

A Bench of Justice Mohd. Faiz Alam Khan underscored the grave repercussions the suspension of the lawyer's license would have on his career, finances, and social standing. The Court said, “The suspension of licence of the applicant-appellant no. 2, who is shown to be a practicing lawyer at Civil Court, Faizabad/Ayodhya would certainly be a circumstance which may adversely affect him financially as well as socially and would certainly cause an injury of the nature of irreparable character as suspension of his licence to practice law would certainly affect his clientage/profession as well as reputation.”

Advocate Ayodhya Prasad Mishra appeared for the Appellants and Advocate Anand Mani Tripathi appeared for the Respondents.

Citing legal precedents, the Court acknowledged that a criminal conviction can be stayed during the appeal process if it poses irreparable harm to the convict.

The Court recognized that suspending the lawyer's license would inflict significant financial and social damage, potentially affecting his client base and professional reputation. Consequently, the Court temporarily stayed the lawyer's conviction until the next hearing in his appeal against the trial court's verdict.

The Court decided to temporarily suspend the lawyer's conviction. The Court added, “The record of the trial court is available and the appeal is expected to be decided in near future. Thus, having regard to all the above facts and circumstances of the case, it is provided that the conviction of the applicant- appellant no. 2, namely, Sanjay Kumar Pathak as recorded by the impugned judgment and order passed dated 16.03.2023 passed by the Additional District and Sessions Judge, Court No. 12, Faizabad/Ayodhya in Sessions Trial No.288 of 2014, arising out of Case Crime No.0279 of 2014 lodged at police station Pura Kalander, district Faizabad/Ayodhya shall remain stayed/suspended till the next date of listing.”

The matter is scheduled for further consideration by the High Court on May 29.

Cause Title: Siddha Nath Pathak & Anr. v. State of Uttar Pradesh & Anr.

Appearance:

Appellants: Advocates Ayodhya Prasad Mishra, Alok Kr. Misra, Ayush Shukla, Badrish Kumar Tripathi, Jaylaxmi Upadhyay, Rituraj Mishra, and Sanjay Mishra

Respondents: Advocates Anand Mani Tripathi and Badrish Kumar Tripathi