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Court noted that the appeal against the trial court's conviction of the lawyer is anticipated to be decided soon and in the meanwhile, the suspension of his license would inflict irreparable harm affecting his clientage/profession as well as reputation
The Allahabad High Court recently stayed the conviction of a young lawyer in a riot and attempted culpable homicide case, in light of the Bar Council of Uttar Pradesh's proceedings to cancel his registration.
The bench of Justice Mohd. Faiz Alam Khan noted that in the criminal case, no specific role had been assigned to the accused, Sanjay Kumar Pathak, a young lawyer practicing at Civil Courts in Faizabad/Ayodhya. The appeal against the trial court's judgment convicting him is expected to be decided soon, it pointed out.
Court emphasized that it can stay a conviction in appropriate cases, particularly if the conviction would cause irreparable injury to the convict that cannot be undone. It opined that in the present case, suspending the lawyer's license would significantly impact him both financially and socially.
"(It) would certainly cause an injury of the nature of irreparable character as suspension of his licence to practice law would certainly affect his clientage/profession as well as reputation," court underscored.
The order was passed in an application filed under Section 389(2) CrPC by the lawyer. He had been sentenced for maximum term of five years imprisonment with fine stipulation with regard to section 308 IPC in a case.
His counsel argued that the trial court had committed patent illegality in convicting the accused persons in the matter as there was no clinching evidence against them and the impugned judgment and order passed by the trial court was based on surmises and conjectures.
The counsel further apprised the court that the lawyer had already been granted bail by the high court.
The court was told that a relative of the informant in the matter had moved a complaint against the lawyer before the Chairman/Secretary, the Bar Council of Uttar Pradesh for cancellation of his registration and the Council had issued a notice to the lawyer.
The counsel contended that in the matter, prima facie, it was evident that the trial court had not appreciated the evidence available on record in right perspective and if the licence of the lawyer is cancelled by the Bar Council of Uttar Pradesh, he will suffer irreparable loss of irreversible character.
Taking the same into consideration, the single judge bench ordered the conviction of the lawyer to remain stayed/suspended till the next date of listing i.e. May 29, 2024 in the criminal appeal against the lawyer's conviction.
Case Title: Siddha Nath Pathak And Another v. State Of U.P. Thru. Secy. Home Deptt., Lko. And Another
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