The Lucknow bench of the Allahabad high court on Thursday quashed the Uttar Pradesh Bar Council order, which had suspended the registration of Central Bar Association-Lucknow president Akhilesh Jaiswal and general secretary Avneesh Dixit “till the next order”. The court held that the Advocates Act does not provide for indefinite interim suspension.
A division bench of Justices Shekhar B Saraf and Awadhesh Kumar Chaudhary said the Bar Council can act on a disciplinary complaint only under Section 35 of the Advocates Act. Section 35(3) provides for dismissal of complaint, reprimand or suspension for a fixed period. There is no provision for “suspension till the next order.”
Jaiswal and Dixit were accused of opposing a Bar Council resolution and getting it published in newspapers.
The UP Bar Council’s disciplinary committee chairman had on September 26 suspended registration of both advocates.
Quashing the suspension order, the high court directed both advocates to appear before the disciplinary committee on October 11.