Special cell meant to probe black sheep among advocates must not harass innocent lawyers: Allahabad High Court

The Allahabad High Court recently said that the special cell constituted earlier this month under the Lucknow Police Commissioner to investigate fake lawyers or lawyers misusing their position to engage in crimes, should not harass innocent lawyers in the process [Anil Kumar Khanna & Ors v State & Ors]..Justices Rajan Roy and Narendra Kumar Johari noted that following a January 17 order, a special cell was constituted to monitor criminal cases involving allegations of land grabbing either by advocates or those posing to be advocates. This special cell would also monitor cases where lawyers are accused of other serious offences including the disruption of court activities or attempts 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 intent is to identity black-sheep in the fraternity but not to paint all lawyers with the same brush. This should be kept in mind. We clarify our earlier orders accordingly," the bench cautioned in its order passed on January 19. .The Court was hearing several petitions related to the instances where lawyers were alleged to have engaged in illegal land grabbing in the Lucknow district.The High Court's Acting Chief Justice had tasked a Division Bench headed by Justice Rajan Roy to hear these petitions.Hearings in these petitions later led the Division Bench to take note of several larger issues including the alleged involvement of advocates in other criminal activities such as intimidation of the common public and tax evasion by property dealers who pose as advocates..The Court in its January 19 order noted that errant advocates or fake lawyers could potentially be carrying out land grabbing or allied criminal activities in collusion with others including police personnel. In such cases, the role of police officers should also be scrutinised, the Court said."We also specifically provide that if in the course of such monitoring or investigation of such criminal cases, it is found that certain police personnel were also involved with such unscrupulous elements including Advocates or those posing to be Advocates, then their role should be scrutinized and investigated so as to make them accountable," the Court ordered..Notably, the bench also took note of the concern that the mushrooming of law colleges with questionable management was a major reason for lawyers with questionable backgrounds entering the legal profession.It was alleged that such individuals often do not engage in regular practice but misuse their position to partake in activities that fall short of the high professional standards expected of lawyers thereby casting a negative light on the entire legal profession.The Court was told that in numerous law colleges, admissions were manipulated and students were able to secure degrees without proper studies..In view of these concerns, the Bench directed both the Bar Council of India (BCI) and the Uttar Pradesh Bar Council to provide a list of law colleges recognized within the jurisdiction of the Court, and also provide details regarding the number of students in these colleges."Details of date of commencement of studies in the said colleges would be mentioned, apart from the fact as to how many students have been admitted by such colleges every year, whether there is any provision in place under which such law colleges are required to intimate to the university concerned with which they are affiliated or associated specific names of the law students who have been enrolled for a particular year in various courses or not," the Court directed..The matter will be heard next on January 24..[Read Order]