Justice Mohd. Faiz Alam Khan reasoned that the suspension of the lawyer’s licence to practice the law (Bar licence) would lead to irreparable damage to his career, financial and social life.
The Court cited several other judgments to note that a criminal conviction can be stayed during appeal proceedings, if the conviction is going to cause irreparable injury to the convict which cannot be reversed.
“The suspension of license of the applicant-appellant no. 2, who is shown to be a practicing lawyer at Civil Court, Faizabad/Ayodhya would certainly be a circumstance which may adversely affect him financially as well as socially and would certainly cause an injury of the nature of irreparable character as suspension of his license to practice law would certainly affect his clientage/profession as well as reputation,” the judge went on to note.
Therefore, the Court stayed the lawyer’s conviction in the criminal case until the next date of hearing in his appeal against the trial court verdict.
“The record of the trial court is available and the appeal is expected to be decided in near future. Thus, having regard to all the above facts and circumstances of the case, it is provided that the conviction of the applicant- appellant no. 2, namely, Sanjay Kumar Pathak … shall remain stayed/suspended till the next date of listing,” the Court ordered.
Source: Barandbench
