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Gangster Act to be invoked: After high court rap, action on cards against lawyers involved in property dealing, land grab
In an order on December 2, the high court expressed concern over a number of lawyers involved in property dealings instead of practising law.
After the Lucknow bench of the Allahabad high court’s reprimand, the Lucknow police have swung into action mode and are getting ready to draw up a list of lawyers facing criminal charges, including those allegedly involved in property dealing and accused of land encroachment, and will register cases under the Gangsters Act against them.
In an order on December 2, the high court expressed concern over a number of lawyers involved in property dealings instead of practising law.
The high court directed the Lucknow commissioner of police (CP) SB Shirodkar to submit a list of such lawyers facing criminal charges. The Lucknow CP has now directed all five deputy commissioners of police (DCPs) of the respective zones to prepare a list of the names of such lawyers and their gangs.
In a letter written to all DCPs and the DCP (crime), the police commissioner has asked for the list of such lawyers depriving people of their land to be prepared within seven days.
“…such advocates and other persons masquerading as advocates, are of criminal nature and have formed organised gangs and illegally occupy the land/house/plot/property of others etc. Identify those who do this and get their gang registered as per rules. After investigation of gang registration, action should be taken against the concerned accused under the UP Gangster Act and 14(1) UP Gangster Act,” read the letter shared by an official not wishing to be named.
In reply to the court, the police commissioner had said a dedicated cell was being formed tasked with collecting the data and taking necessary action on it, making the joint commissioner of police (Law & Order) Upendra Kumar Agarwal the cell in-charge.
“The cell will list the details of such advocates and to act against them. We are collecting data, and a list will be prepared, after that relevant action will be taken,” said the JCP (L&O).
“Cases have been registered against many of these advocates in various police stations. All five DCPs have been asked to prepare details of cases registered against such people in the police stations of their zones from 2020 till now. These details should be given to JCP Law and Order within seven days,” the letter added.
“The cases registered against the lawyers and other persons masquerading as lawyers will be reviewed. Regular reviews will be done and the inquiries will be resolved in a timely manner,” the JCP said.
INFORMATION TO BE GIVEN
TO BAR COUNCIL EVERY MONTH
According to the letter, from the year 2020 till now, the cases registered against the lawyers and their results will be sent to the Bar Council of Uttar Pradesh, Lucknow. The final list will be shared on Monday (December 11, 2023). Additionally, monthly information (status of cases registered in the month and previous cases) will be given regularly in the first week of every month by the JCP (L&O). The same was confirmed by JCP.
WHAT COURT SAID
A division bench of Justice Sangeeta Chandra and Justice NK Johari directed the state government to take stern action against such legal practitioners. The court also asked the Bar Council of India to suggest ways to check such lawyers so that dignity of the legal profession could be maintained. The court also directed the commissioner of income tax (TDS), Lucknow, to submit a report on lawyers working as property dealers. The order was uploaded on the high court website late on Thursday (December 7) night.
The court passed the order on 11 writ petitions clubbed together, including the one filed by a local lawyer Prashant Singh Gaur in 2010, seeking action against lawyers involved in property dealing and facing criminal charges.
The court also directed the commissioner of police, who was present at the hearing, to file affidavits stating what action has been taken in cases that are placed before it in the writ petitions. The commissioner of police also apprised the court that a special cell has been constituted under Joint CP to investigate matters related with lawyers.
