Bar Council cannot suspend an advocate's licence at the interim stage, Allahabad High Court holds
2 October 2026
A Division Bench of Justice Shekhar B Saraf and Justice Abdhesh Kumar Chaudhary ruled on the point in Akhilesh Jaiswal and Another v Bar Council of India and 2 Others.
The Bench held that suspension under Section 35(3)(c) of the Advocates Act, 1961 is a final order and cannot be passed at an interim stage of a disciplinary inquiry.
The petitioners were Akhilesh Jaiswal, President of the Central Bar Association, Civil Court Lucknow, and Avnish Dixit, its Secretary.
The disciplinary committee of the Bar Council of Uttar Pradesh had suspended their licences on 26 September while the disciplinary proceedings were still pending.
The court quashed that suspension order, observing that an indefinite suspension was legally unsustainable.
It directed the Bar Council to supply any documents sought by the petitioners within 24 hours, and required them to appear at the next hearing.
In plain words
Bar Council State Bar Council under the Advocates Act, 1961 — The statutory body that enrols advocates in a state and exercises disciplinary control over them.