‘Criminal Background Checks for new applicants joining Legal Profession: A Necessity of the present time’
Pawan Kumar Dubey v. State of UP & 3 others
WP 42619/2023
Before High Court of Allahabad
Disposed of on 21.12.2023 by the Division Bench of Hon’ble Mr. Justice Saumitra Dayal Singh J & Hon’ble Mr. Justice Vinod Diwakar J with direction to the Bar Council of Uttar Pradesh to undertake and complete the disciplinary proceedings expeditiously in accordance with law.
Fact:
Petitioner-Pawan Kumar Dubey has made complaint before Bar Council of Uttar Pradesh against the private-respondent with respect to concealment of vital information regarding pendency of fourteen criminal cases, of which he has been convicted in four cases.
By concealing that information, the respondent has obtained a license to practice law.
The complaint is pending with the Bar Council of Uttar Pradesh since 25.9.2022.
Much time has passed, appropriate action should have been taken thereon, by now.
Observation of the Court
It is alarming to note that person carrying criminal history of fourteen cases, of which he has already been convicted in four cases, has obtained license to practice law.
Such license if allowed to continue, may cause harm to the society in general and the legal fraternity in particular.
The Advocates Act prohibits admission of such person with criminal background to practice law.
Bar Council 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.
It is surprising that the Bar Council has yet not evolved a procedure to enforce its own law.
Direction:
The High Court disposed of the Writ Petition with a direction to Bar Council of Uttar Pradesh 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.
Respondents were directed to ensure appropriate police report is called from the concerned Police Stations with regard to all pending and fresh applications for issuance of license for practice.
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.
Seema Bhatnagar