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Allahabad High Court

AKHILESH KUMAR GUPTAversusDISCIPLINARY COMMITTEE OF THE BAR COUNCIL OF INDIA AND 2 OTHERS

Decided

Holding

The High Court held that disciplinary proceedings against a lawyer lie exclusively within the domain of the Bar Council of India and the court cannot intervene.

Summary

The petitioner, Akhilesh Kumar Gupta, filed a writ petition challenging the disciplinary proceedings initiated by the Bar Council of India. The petition sought the court's intervention in the conduct of the disciplinary process, including the scheduling of cross‑examination of a witness on 19‑May‑2026. The respondents, the Disciplinary Committee of the Bar Council of India and others, argued that the matter fell within the exclusive domain of the Bar Council. The High Court examined whether it had jurisdiction to interfere with internal disciplinary mechanisms of the Bar Council. The Court held that the disciplinary proceeding is solely within the Bar Council's purview and declined to grant any indulgence. Consequently, the Court directed the Bar Council to complete the proceedings within three months, barring any legal impediment, and disposed of the petition.

Issues considered

  • Whether the High Court can intervene in disciplinary proceedings conducted by the Bar Council of India
  • Whether the petitioner's request for court‑ordered cross‑examination is maintainable

Subjects

  • Bar Council of India
  • disciplinary proceedings
  • jurisdiction
  • writ petition
  • court intervention

Judgment

                                                    HIGH COURT OF JUDICATURE AT ALLAHABAD

                                                                WRIT - C No. - 21987 of 2025

                                    Akhilesh Kumar Gupta
                                                                                                            .....Petitioner(s)
                                                                             Versus

                                    Disciplinary Committee Of The Bar Council Of India And 2
                                    Others
                                                                                                          .....Respondent(s)

                                    Counsel for Petitioner(s)            :   Ganesh Mani, Vishnu Prakash Srivastava
                                    Counsel for Respondent(s)            :   Ashok Kumar Tiwari, Rohan Gupta, Sai
                                                                             Girdhar

                                    Court No. - 1
                                                           HON'BLE AJIT KUMAR, J.
                                                           HON'BLE INDRAJEET SHUKLA, J.

                                    Heard Sri Ganesh Mani, learned counsel for the petitioner and Sri Ashok Kumar
                                    Tiwari, learned counsel appearing for U.P. Bar Council of India and Sri Sai Girdhar,
                                    learned counsel appearing for Bar Council of India.

                                    Sri Sai Girdhar, learned Advocate submits that in the matter of complaint, 19.5.2026 is
                                    fixed for cross examination of witness.

                                    In the circumstances, since Bar Council of India is ceased with the matter of
                                    disciplinary proceeding upon complaint which in our considered view solely lies
                                    within domain of the Bar Council, we decline to grant indulgence in the matter,
                                    however, we expect that Bar Council of India would be completing the proceeding
                                    within next three months' time, if there is no legal impediment.

                                    With the aforesaid observations and direction, this petition stands disposed of.

                                    May 5, 2026
                                    Sanjeev
                                                                                  (Indrajeet Shukla,J.) (Ajit Kumar,J.)




Digitally signed by :-
SANJEEV RANJAN
High Court of Judicature at Allahabad


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