Though the Form for enrolment (see here) as an advocate in the Uttar Pradesh Bar Council requires you to give an affirmation that you have not been arrested in a criminal case, etc., I am of the opinion that a person who has been arrested but not yet convicted of an offence cannot be debarred from enrolling as an advocate.
Recently, I saw a person getting enrolled as an advocate in Maharashtra & Goa State Bar Council even though he was convicted in a case of corruption and was dismissed from Government service, but he had obtained a stay on conviction order from the High Court during the pendency of his appeal against his conviction. His appeal against conviction was pending in High Court at the time of his enrolment as advocate. Right now, he is still practicing while his appeal is pending. So, if a convicted person (after obtaining stay during pendency of his appeal against conviction) can be enrolled, there is no question that a person who has merely been arrested would not be enrolled as an advocate.
The relevant legal provision disqualifying a convicted person from being enrolled as an advocate is contained in Section 24-A of the Advocates Act, 1961, which is reproduced below. It is clear from this provision that even this disqualification ceases to have effect after a period of two years has elapsed since his release after conviction. So, there should not be any problem for a person who has been arrested but is yet to be convicted. However, such person should transparently mention the information about his arrest in the Enrolment Form and should not conceal such information.
“24-A. Disqualification for enrolment.—(1) No person shall be admitted as an advocate on a State roll—
(a) if he is convicted of an offence involving moral turpitude;
(b) if he is convicted of an offence under the provisions of the Untouchability (Offences) Act, 1955 (22 of 1955);
(c) if he is dismissed or removed from employment or office under the State on any charge involving moral turpitude.
Explanation.—In this clause, the expression “State” shall have the meaning assigned to it under Article 12 of the Constitution:
Provided that the disqualification for enrolment as aforesaid shall cease to have effect after a period of two years has elapsed since his release or dismissal or, as the case may be, removal.
(2) Nothing contained in sub-section (1) shall apply to a person who having been found guilty is dealt with under the provisions of the Probation of Offenders Act, 1958 (20 of 1958).”
Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.
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