High Court Orders Detailed Criminal Records Of Lawyers; Warns Against Influence On Justice, Ethics, & Law Enforcement

The Allahabad High Court has directed the Director General of Police (DGP) and DGP Prosecution to submit a detailed report of all pending criminal cases against lawyers across Uttar Pradesh.

The court highlighted that lawyers with criminal backgrounds occupying influential positions in bar associations pose a potential threat to law and order.

Justice Vinod Divakar issued the order while hearing a petition filed by lawyer Mohammad Kafeel. The petitioner challenged the dismissal of complaints against police officials.

During the hearing, the court noted that Kafeel himself faces multiple criminal charges, including under the Gangster Act, and that all his brothers are notorious criminals.

The court expressed serious concern over the impact of lawyers’ criminal backgrounds on the administration of justice. It observed that the legal system draws its strength not only from statutory provisions but also from the moral legitimacy derived from public trust.

Lawyers and bar association officials hold unique institutional positions, acting both as officers of the court and guardians of professional ethics.

Lawyers’ Criminal Scrutiny

The court further noted that criminal tendencies arise from an individual’s mindset, which can influence professional conduct.

When individuals facing serious criminal charges occupy positions of influence within the legal system, they may exploit professional legitimacy to exert undue influence on police officials and judicial processes, the court warned.

To address this, the court instructed all Commissioners, SSPs, SPs, and Joint Directors of Prosecution to provide a comprehensive list of pending criminal cases against lawyers registered with the UP Bar Council.

Authorities must detail the FIR registration date, case number, sections invoked, police station, investigation status, charge sheet filing, charges framed, witness examination details, and trial progress.

The DGP will submit police-related details, while the DGP Prosecution will present information from the prosecution side. The court emphasised that any administrative laxity will be viewed seriously.

Kafeel’s petition challenged the March 18 order of the Additional Sessions Judge, Etawah, which upheld the CJM’s rejection of his plea to summon police officials. During proceedings, the state government submitted affidavits revealing Kafeel and his brothers’ criminal histories.

The affidavits showed that Kafeel’s five brothers, Shakeel, Naushad, Aqil, Faizan alias Guddu, and Dilshad, are involved in serious crimes, including attempted murder, cow slaughter, gambling violations, and offences under the Gangster and POCSO Acts.

Kafeel also filed a supplementary affidavit acknowledging his involvement in multiple cases and alleging police harassment.

The court underscored that addressing any threat to law enforcement and judicial integrity is paramount to upholding the rule of law in Uttar Pradesh.

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