Prayagraj, Dec 2 (PTI) The Allahabad High Court has directed the Uttar Pradesh Police to furnish at the earliest comprehensive details of criminal cases pending against advocates enrolled with the state Bar Council.
While passing the order, a bench of Justice Vinod Diwakar observed that the functioning of the district judiciary has on several occasions been “adversely affected” due to the conduct of certain advocates with criminal antecedents.
The bench was hearing a criminal petition filed by one Mohammad Kafeel, an advocate from Etawah, who moved the high court challenging a district court order whereby his prayer to summon police officials in a complaint case was declined.
After going through the record and affidavits, the bench said, “Upon examining the affidavits, it stands admitted that the petitioner is implicated in three criminal cases, and that all his brothers are identified as hardened criminals. In these circumstances, this Court considers it necessary to assess the extent to which the petitioner’s involvement in such criminal proceedings may bear upon his professional integrity.” “This evaluation is essential to determine whether his conduct could in any manner affect the functioning of the courts and whether he would be capable of discharging his professional duties in a fair and credible manner,” it said.
The court directed all commissioners/SSPs/SPs through the director general of police to furnish at the earliest comprehensive details of criminal cases pending against advocates enrolled with the Bar Council of Uttar Pradesh in a tabular format.
In its order dated November 26, the court said that concerned officers shall be at liberty, and it is left to their discretion to furnish any additional information that may be necessary to achieve the aforesaid objective.
Such information, if required, may also be submitted in a sealed cover, either directly before the court or through the Registrar General of this court, the order said.
“This Court has taken note of the fact that the functioning of the District Judiciary has on several occasions been adversely affected due to the conduct of certain advocates with criminal antecedents appearing before the court,” the bench observed.
“It has further come to the Court’s notice that in many districts, advocates who possess criminal backgrounds and are facing serious criminal charges are occupying positions of authority within the respective District Bar Associations,” it said.
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, the court said.
“Advocates and office bearers of Bar Associations occupy a unique institutional position- being both officers of the court and custodians of professional ethics. Their conduct is therefore inseparably tied to legality and professionalism,” it added. PTI COR RAJ KVK KVK
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