Caution Against Harassing Innocent Lawyers in Crackdown on Fake Legal Practitioners : Allahabad HC

Caution Against Harassing Innocent Lawyers in Crackdown on Fake Legal Practitioners : Allahabad HC

The Allahabad High Court has emphasized that the newly established special cell, formed under the Lucknow Police Commissioner earlier this month to probe into fake lawyers or those exploiting their legal standing for criminal activities, must refrain from causing unwarranted distress to innocent lawyers during the investigative process.

Justices Rajan Roy and Narendra Kumar Johari highlighted that, subsequent to a directive issued on January 17, a specialized unit was established to oversee criminal cases related to accusations of land grabbing, involving individuals either identified as advocates or masquerading as legal practitioners.

Additionally, this dedicated unit would be responsible for overseeing cases in which lawyers face allegations of various severe offenses, such as the disruption of court activities or endeavors to influence litigants.

''"However, in this process, innocent lawyers who may have a genuine dispute with somebody, would not be harassed. Our orders nor the constitution of the said Cell will be used to harass such innocent lawyers.''

The court was addressing multiple petitions related to instances where lawyers were accused of involvement in illicit land grabbing within the Lucknow district.

The Acting Chief Justice of the High Court had assigned a Division Bench led by Justice Rajan Roy to oversee these petitions.

 

Subsequent hearings on these matters prompted the Division Bench to address broader concerns, including the purported engagement of advocates in additional criminal activities such as intimidating the general public and instances of tax evasion by individuals posing as advocates who are involved in real estate dealings.

In its order dated January 19, the Court observed that rogue advocates or fraudulent lawyers might be involved in land grabbing or related criminal endeavors in collaboration with others, including members of the police force. The Court emphasized the need to scrutinize the role of police officers in such instances.

Significantly, the bench acknowledged the apprehension that the proliferation of law colleges with questionable management was a significant factor contributing to lawyers with dubious backgrounds entering the legal profession. Allegations suggest that such individuals, who often refrain from regular legal practice, exploit their positions to engage in activities that do not meet the elevated professional standards expected of lawyers. This behavior, in turn, casts a detrimental light on the overall reputation of the legal profession.

The matter will be heard next on January 24.

Case Title: Anil Kumar Khanna & Ors v State & Ors

 

The court was informed that in several law colleges, admissions were manipulated, allowing students to obtain degrees without adequate studies. Considering these issues, the Bench instructed both the Bar Council of India (BCI) and the Uttar Pradesh Bar Council to furnish a list of recognized law colleges within the court's jurisdiction. Furthermore, they were directed to provide details concerning the student enrollment in these colleges.

 

 

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