The Allahabad High Court has issued a stern directive to curb criminal activities within the legal profession, particularly targeting advocates in Uttar Pradesh who have reportedly resorted to gangster-like behavior. In the case of Mohammad Kafeel v State of UP and Another, Justice Vinod Diwakar highlighted the failure of Bar associations to address the misconduct of certain advocates who have allegedly become entrenched in criminal activities.
Justice Diwakar expressed concern over the exploitation of the legal profession by some advocates as a means to seek immunity, noting that they benefit from the protection of influential political and pressure groups. This perceived immunity has led to a reluctance among district court judges to act against these individuals.
The court noted the presence of organized groups of law graduates operating within district courts, engaging in coercive methods to enforce court decrees, settle disputes, and evict tenants forcefully. Such activities have created a hostile environment for young advocates and new judicial officers, impeding their ability to function effectively and independently.
Justice Diwakar lamented, “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.” This sentiment underscores the gravity of the situation, as the infiltration of the legal profession by criminal elements undermines its core obligation to uphold justice.
The court’s scrutiny brought to light a staggering figure: 4,157 advocates are implicated in 5,056 criminal cases across 75 districts in Uttar Pradesh. Alarmingly, 418 advocates face charges in three or more cases, with some involved in as many as 46 cases. The Wazirgunj police station in Lucknow alone accounts for 236 cases against 422 advocates.
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Additionally, the court addressed the issue of fake degrees among advocates, citing a discrepancy between the Bar Council of Uttar Pradesh’s identification of 105 cases and the broader problem’s actual scale. Justice Diwakar stressed the need for more comprehensive measures to tackle this issue.
In response, the court ordered the relocation of all criminal cases involving advocates to courts at least 100 kilometers away from their home districts. The State Bar Council was instructed to initiate FIRs against advocates with fake degrees for forgery and related offenses, and to commence disciplinary proceedings against those involved in serious crimes.
The court emphasized the necessity of maintaining good moral character as a prerequisite for enrollment as an advocate. It also called for an audit of 5.37 lakh registered advocates to identify fake enrollments and recommended show-cause notices for 2.6 lakh advocates lacking practice certificates.
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Furthermore, the court suggested that the Bar Council of Uttar Pradesh request amendments to rules from the Bar Council of India to mandate police verification of character and antecedents for all new advocates.
