Profession Infiltrated By Gangsters, Mafias: Allahabad High Court Bars Advocates Facing Heinous Offences From Practice, Shifts Their Trials

In a significant judgment, while observing that gangsters and mafia elements have taken the legal profession as a "means of seeking safe refuge", the Allahabad High Court recently barred advocates facing heinous crime charges from practising before any court/tribunal in the State until the conclusion of the disciplinary proceedings/trials pending against them."How, then, can a person facing criminal charges be permitted to espouse the cause of another accused in a court of law, in the capacity of an Officer of the Court, while enjoying the rights and privileges conferred under the Advocates Act, 1961?" the High Court raised the question. The Court also directed that the trials against advocates enrolled in a district bar association be transferred en bloc from the courts of that district to the courts of a designated transferee district located within 100 kilometres thereof. "The foremost difficulty in proceeding with these cases before the concerned district courts is the professional and social influence that advocates, as officers of the court, exercise within their home district. This influence- over witnesses, complainants, police officials, court staff, and in some cases junior judicial officers- poses a serious impediment to a fair trial and to substantial progress in the proceedings. The principle that justice must not only be done but must manifestly appear to be done demands that these proceedings be insulated from such influence", the bench observed. The 61-page order, which contains several directions pertaining to a constructive crackdown on advocates facing criminal charges, passed by Justice Vinod Diwakar, opened with the following words: "Law dies twice, once when its officers turn criminal, and again when Judges choose silence over judicial courage. In both cases, the rule of law is the first casualty". The bench made this observation while hearing a petition filed by one Mohammad Kafeel, a practising advocate registered with the Bar Council of Uttar Pradesh since 2022 and a life-time member of the District Bar Association, Etawah. Kafeel had approached the High Court challenging the dismissal of his criminal defamation complaint against police officials. However, the High Court discovered that Kafeel himself is named in three criminal cases, while his five real brothers are documented habitual offenders with 31 criminal cases collectively pending against them. Finding no merit in his petition, the bench dismissed it but left the broader matter open to address the systemic crisis.The Court specifically noted that the legal profession, whose primary obligation is to uphold the rule of law and assist in the administration of justice, has, in Uttar Pradesh, been infiltrated by elements antithetical to everything it stands for: gangsters, mafias, and individuals who have never acquired the educational qualifications required by law. To insulate the stream of justice, the High Court ordered that advocates facing criminal cases involving heinous offences be barred from appearing before the Courts in the state. "The suspension of the enrollment of such advocates pending the conclusion of the criminal trials against them is not a punitive measure, but a necessary and proportionate regulatory intervention in the larger public interest and to preserve the integrity of the administration of justice", the bench observed. The Court specified that heinous offences should be defined as those punishable by a sentence of more than 7 years. However, matrimonial and other incidental family disputes arising out of family feuds have been completely excluded from this restriction. The District Judge, District Magistrate, and Commissioner of Police/S.S.P. of every district have been tasked to ensure strict compliance with this direction. The bench further clarified that this restriction shall not preclude such an Advocate from entering the court premises for the purpose of attending proceedings in which he/she is personally a party or an accused Importantly, in order to ensure that no litigant is prejudiced by the suspension or debarment of his Advocate, the trial court/transferee court has been directed to grant a reasonable opportunity to the litigant to engage another counsel of his choice, and where the litigant is unable to do so, the District Legal Services Authority concerned shall provide competent legal aid counsel, free of cost. Directing transfer of trials against advocates accused of heinous offences to another district which is at a distance of not more than 100 kilometres, the bench also provided the following directions: The mechanism operates reciprocally to prevent overloading any single court (e.g., by shifting cases from Agra to Mathura and from Mathura back to Agra). The Superintendent of Police and Joint Director (Prosecution) must promptly transmit all relevant police records ...

Profession Infiltrated By Gangsters, Mafias: Allahabad High Court Bars Advocates Facing Heinous Offences From Practice, Shifts Their Trials

Sparsh Upadhyay

How can a person facing criminal charges be permitted to espouse the cause of another accused in a court of law, in the capacity of an Officer of the Court, while enjoying the rights and privileges conferred under the Advocates Act, 1961? : High Court raised the question.

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Sparsh Upadhyay

Profession Infiltrated By Gangsters, Mafias: Allahabad High Court Bars Advocates Facing Heinous Offences From Practice, Shifts Their Trials

Sparsh Upadhyay

How can a person facing criminal charges be permitted to espouse the cause of another accused in a court of law, in the capacity of an Officer of the Court, while enjoying the rights and privileges conferred under the Advocates Act, 1961? : High Court raised the question.

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INR 1099+GST

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Sparsh Upadhyay

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