In Uttar Pradesh, only those who protect the law are standing in the dock. Allahabad High Court has made a very serious comment on the condition of advocacy profession in the state and said that gangsters, mafia and criminal elements are active under the guise of advocacy. The court made this comment during the hearing of the case Kafeel Khan vs. Uttar Pradesh Government. According to the data presented in the hearing, 4,157 advocates of the state are accused in 5,056 criminal cases. Among them, there are many lawyers against whom dozens of cases are pending, but they are still practicing in the courts.
After all, what is the whole matter?
This case is related to Dr. Kafeel Khan vs Uttar Pradesh Government. During the hearing, Allahabad High Court sought details of pending criminal cases against advocates in the state. The data presented revealed that 4,157 lawyers of Uttar Pradesh are accused in 5,056 criminal cases. Expressing strong displeasure on this, the court said that some people are working like gangsters and mafia under the guise of advocacy. The court also raised questions on the functioning of the Bar Council and directed to take strict action against lawyers involved in criminal cases.
Advocacy has been made a “safe haven”: Court
The bench of Justice Vinod Diwakar said that the Bar Association and Bar Council of Uttar Pradesh have failed to take effective action against such advocates for years. The court remarked that some people have made advocacy a “safe haven” and due to political patronage and pressure groups, even district court judges refrain from taking action against them.
5,056 criminal cases against 4,157 lawyers
According to the data presented before the High Court, a total of 4,157 advocates are involved in 5,056 criminal cases in 75 districts of Uttar Pradesh. Of these, 418 lawyers have three or more cases registered against them. 28 advocates have 11 or more cases registered against them, 126 have five to ten cases registered against them and 264 lawyers have three to four criminal cases registered against them. Describing this as very worrying for the justice system, the court said that up to 46 criminal cases are registered against some advocates, but they are still allowed to practice in the courts.
| Zone/Commissionerate | Lawyer involved in criminal cases | total criminal cases |
| Agra Zone | 138 | 249 |
| Prayagraj Zone | 127 | 184 |
| Meerut Zone | 118 | 201 |
| Gorakhpur Zone | 359 | 476 |
| Kanpur Zone | 191 | 333 |
| Bareilly Zone | 534 | 762 |
| Varanasi Zone | 300 | 364 |
| Lucknow Zone | 301 | 444 |
| Prayagraj Commissionerate | 226 | 350 |
| Agra Commissionerate | 32 | 50 |
| Ghaziabad Commissionerate | 168 | 79 |
| Kanpur Municipal Commissionerate | 323 | 460 |
| Lucknow Commissionerate | 917 | 586 |
| Varanasi Commissionerate | 403 | 500 |
| Gautam Buddha Nagar Commissionerate | 18 | 16 |
| grp | 2 | 2 |
| Total (as per DGP) | 4,157 | 5,056 |
Source- barandbench
Lucknow is at the forefront, hundreds of lawyers accused in many zones
According to the data included in the court records, the maximum number of cases were reported in Lucknow Police Commissionerate. There are 586 cases registered against 917 advocates here. Whereas in Bareilly zone, 762 cases are registered against 534 lawyers, in Varanasi Commissionerate, 500 cases are registered against 403 lawyers, in Gorakhpur zone, 476 cases are registered against 359 lawyers and in Kanpur Nagar Commissionerate, 460 cases are registered against 323 lawyers. The court also noted that there are 236 criminal cases registered against 422 advocates in Lucknow’s Wazirganj police station alone, which shows the seriousness of the situation.
‘Becoming gangsters under the guise of advocacy’
Allahabad High Court, while making a very strong comment in its order, said that such people have infiltrated the legal profession in Uttar Pradesh who are completely contrary to the basic principles of law. According to the court, organized gangs who have studied law are active in the district courts, who resort to pressure and threats in the name of implementing court orders, vacating land and houses and resolving disputes. The court said that in such an environment, new lawyers and new judicial officers are finding it difficult to work impartially and independently.
Question on the role of Bar Council
The court also raised questions on the functioning of the Uttar Pradesh Bar Council. The court said that during the verification campaign of advocates in the state, identification of only 105 lawyers holding fake degrees does not match the actual situation. This number appears to be very low in such a large advocate community. The Court held that the Bar Council had failed to discharge its regulatory responsibilities effectively, due to which even people with criminal background continued to get the opportunity to practice law.
Strict instructions from High Court
- Considering the seriousness of the matter, Allahabad High Court has issued many important instructions.
- The hearing of criminal cases registered against any advocate should be transferred to the court of another district located at least 100 kilometers away from his home district.
- An FIR should be registered against 105 advocates with fake degrees under fraud, forgery and other related sections.
- Consideration should be given to initiating disciplinary action against advocates involved in serious criminal cases and suspending their licenses.
- An audit of 5.37 lakh registered advocates of the state should be conducted, so that fake nominations and “ghost advocates” can be identified.
- Show cause notices should be issued to the 2.6 lakh advocates who have not yet taken the practice certificate and their nominations should be brought under review.
- Bar Council of India should be recommended to make police verification mandatory for enrollment of advocates by amending the rules.
‘The law dies twice’
Right at the beginning of his order, Justice Vinod Diwakar said, “Law dies twice. First time when its guardians become criminals and second time when judges maintain silence. In both the cases the rule of law becomes the biggest victim.”
This comment of the High Court not only raises questions on the conduct of some advocates, but also expresses serious concern over the credibility of the judicial system, Bar Council and advocacy profession of Uttar Pradesh. After the instructions of the court, now attention will be kept on how the state government, Bar Council and related institutions implement these orders.
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