The Allahabad High Court recently mandated the Uttar Pradesh government and the State Bar Council to incorporate a police report evaluation in the licensing process for aspiring lawyers, as seen in the case of Pawan Kumar Dubey v. State Of U.P. And 3 Others.
In this regard, Justices Saumitra Dayal Singh and Vinod Diwakar, presiding over a division bench, emphasized that this due diligence measure is crucial to prevent individuals with a criminal record from obtaining a legal license from the Bar Council of Uttar Pradesh.
The Court directed the authorities, specifically respondent nos. 1 (State of UP) & 2 (State Bar Council), to promptly issue necessary directives. These directives aim to procure police reports from relevant police stations concerning both existing and new applications for licensing, resembling the procedure followed for passport issuance.
The Court suggested the provisional issuance of a license before receiving the police report, with the provision that if an adverse report surfaces subsequently, the provisional license may be revoked.
This directive stemmed from a petition that highlighted an instance where an individual with fourteen pending criminal cases, including four convictions, managed to secure a legal license by concealing their criminal background.
Acknowledging the pending nature of the petitioner's complaint since September 2022, the Court urged the State Bar Council to expedite disciplinary proceedings within three months.
Expressing concern, the Court found it disconcerting that someone with a history of fourteen criminal cases obtained a legal license, emphasizing the potential harm to society and the legal profession. The Advocates Act strictly prohibits the admission of such individuals to practice law.
The Court recommended that the State Bar Council establish a systematic process for timely police verification of all new license applicants, urging applicants facing criminal charges or convictions to disclose this information at the application stage. Failure to disclose such details might lead to application rejection.
Consequently, the Court instructed the Uttar Pradesh Bar Council to ensure that legal licenses are issued only after a thorough review of the accompanying police report.
