One cannot be barred from becoming a lawyer for being accused in a criminal case
September 24, 2018The Madhya Pradesh High Court has declared that a person accused in a criminal case for offences where the guilt has not been proved cannot be barred to enroll as a lawyer.
The Court, while imposing a fine of Rs. 5,000 to be paid to the plaintiff by the State Bar, has ordered the Bar Council to reconsider the plaintiff’s application to be enrolled as a lawyer. The State Bar Council had refused to enroll the plaintiff as a lawyer on the grounds that he is an accused in a criminal case and has been charged for offences such as assault, voluntarily causing hurt, etc. under the provisions of the Indian Penal Code.
The State Bar Council had relied on a judgment in which the High Court had held that a pending criminal litigation is enough to disqualify a person seeking registration as an advocate. However, the Court has observed that in the said judgment the accused had been convicted for an offence punishable under the Prevention of Corruption Act, 1988 which is not the scenario in the instant case as the guilt of the plaintiff is yet to be proved.
Therefore, the Court has directed the State Bar Council to reconsider the application of the plaintiff to enroll as an advocate under the provisions of the Advocates Act and to enroll him under the State Bar Council if he is not disqualified under the Act.