In a significant move aimed at upholding the integrity of the legal profession, the Allahabad High Court has issued a directive to the Uttar Pradesh Police to furnish comprehensive details of all criminal cases pending against advocates enrolled with the State Bar Council.
Court's Directive for Transparency
The order was passed by Justice Vinod Diwakar on November 26 while hearing a petition filed by Mohammad Kafeel, an advocate from Etawah. The petitioner had challenged a district court order that declined his plea to summon police officials in a complaint case.
After examining the affidavits and records, the court noted that it was admitted that the petitioner was implicated in three criminal cases and that his brothers were identified as hardened criminals. "In these circumstances, the court considers it necessary to assess the extent to which the petitioner's involvement in such criminal proceedings may bear upon his professional integrity," Justice Diwakar observed.
Specific Information Sought
The court has mandated that the information be provided in a tabular format at the earliest. The required details include:
- Date of FIR registration with crime number and penal provisions.
- Name of the concerned police station.
- Present status of investigation and its conclusion date.
- Date of filing the charge-sheet.
- Date of framing of charges.
- Details of prosecution witnesses examined and the current trial status.
The directive has been issued to all Commissioners, SSPs, and SPs through the UP Director General of Police (DGP), and to all Joint Directors (Prosecution) through the DGP (Prosecution). The officers have the discretion to provide any additional information deemed necessary and may submit it in a sealed cover directly to the court or through the Registrar General.
Concerns Over Judicial Functioning
The court expressed serious concerns about the adverse impact on the district judiciary due to the conduct of some advocates with criminal backgrounds. Justice Diwakar stated that the court has taken note of the fact that the functioning of the district judiciary has, on several occasions, been adversely affected.
He further highlighted a troubling trend: "It has further come to the court's notice that in many districts, advocates with a criminal background and facing serious criminal charges are occupying positions of authority within the respective district bar associations."
Upholding Moral Legitimacy
Emphasizing the foundational principles of the legal system, the court elaborated on the unique position held by advocates. "The legal system derives its strength not merely from statutory provisions or judicial precedents, but from the moral legitimacy that flows from public confidence in its fairness and integrity," Justice Diwakar said.
He added that advocates and office-bearers of Bar Associations are both officers of the court and custodians of professional ethics, making their conduct inseparably tied to the system's legality and professionalism. This evaluation is deemed essential to determine if an advocate's conduct could affect court functioning and their ability to discharge duties fairly and credibly.
The court's order stems from a broader objective to cleanse the profession and ensure that those practicing law and holding influential positions within bar associations maintain the highest standards of professional integrity, thereby safeguarding public trust in the judiciary.
