The Allahabad High Court recently provided relief to a lawyer facing proceedings by the Bar Council for the potential suspension of his law license due to a criminal conviction in 2023 [Siddha Nath Pathak And Another v. State of Uttar Pradesh].
Justice Mohd. Faiz Alam Khan reasoned that suspending the lawyer’s law license would inflict irreparable harm on his career, finances, and social standing.
The Court cited precedent to highlight that a criminal conviction can be stayed during appeal proceedings if it poses irreparable harm to the convict.
“The suspension of the applicant-appellant no. 2’s license, who is a practicing lawyer in Civil Court, Faizabad/Ayodhya, would certainly have adverse financial and social impacts, causing irreparable harm. It would affect his clientele, profession, and reputation,” noted the judge.
Consequently, the Court stayed the lawyer’s conviction until the next hearing in his appeal against the trial court’s verdict.
“The trial court’s records are available, and the appeal is expected to be resolved soon. Considering these factors, the conviction of the applicant-appellant no. 2, Sanjay Kumar Pathak, shall remain stayed until the next scheduled hearing,” ordered the Court.
The case involved an appeal challenging the lawyer’s conviction and that of several others following a clash between two groups. The trial court had convicted them under various sections of the Indian Penal Code and sentenced the lawyer to five years in prison. He appealed this verdict and obtained bail from the High Court.
Meanwhile, the Bar Council of Uttar Pradesh initiated proceedings to suspend his law license based on the trial court’s conviction.
The lawyer’s counsel argued that he was young and would suffer significant financial and reputational losses if his license were revoked. It was also contended that the prosecution’s case did not specifically implicate the lawyer in the alleged crime.
After considering arguments, the Court decided to stay the lawyer’s conviction temporarily. The case is set for the next hearing on May 29.
Advocates representing the appellants included Ayodhya Prasad Mishra, Alok Kr. Misra, Ayush Shukla, Badrish Kumar Tripathi, Jaylaxmi Upadhyay, Rituraj Mishra, and Sanjay Mishra.
Advocates Anand Mani Tripathi and Badrish Kumar Tripathi represented the State.
