Can A Convicted Criminal Practice Law? The Bilkis Bano Case Raises This Question As One Of The Convicts Is Now Practising As A Lawyer

New Delhi: The Supreme Court of India has witnessed a thought-provoking discussion on whether individuals convicted of crimes should be allowed to practice law. The case in question revolves around 11 convicts who were released after receiving remission for their sentences by the Gujarat government. The issue was raised when it was found that one of the convicts started practising as a lawyer. This scenario has ignited a debate about the ethical and moral dimensions of allowing individuals with criminal records to become legal professionals. 

During a recent session at the Supreme Court, Justice Ujjal Bhuyan brought attention to the noble nature of the legal profession and questioned whether someone with a criminal conviction should be granted the privilege to practice law. This issue arose while discussing the case of 11 convicts who were released after being granted remission for their life sentences. One of the convicts, Radheshyam Shah, after being released from jail resumed his profession as a practising motor vehicle accident claims lawyer. 

In reply to the observation of the court, Senior Advocate Rishi Malhotra appearing for convict Radheshyam Shah said that the objective of punishment was not to wreak vengeance but to reform and rehabilitate the criminal. He also added that:“He has participated in reform and correctional programmes in jail and received an appreciation certificate. He has completed Master’s courses in arts, science, and rural development through open learning. He was also working in the jail office. He is a graduate from before his conviction” 

Justice Bhuyan asked during the hearing, “Can a license to practice law be granted after a conviction? The legal profession is meant to be noble.”   

He has also stated that the Bar Council of India has to affirm whether a convict can continue practising law.  

While hearing justice Nagarathna pointed out that “The conviction remains, and only the sentence is cut short. That is what Mr SV Raju (Additional Solicitor General for India, appearing for the State of Gujarat) told us the other day.” 

This issue arose when the court was considering the writ petition filed by Bilkis Bano in the Supreme Court challenging the premature release of the 11 convicts. The early release of 11 convicts has shocked many members of the public.