The Allahabad High Court has ruled that a State Bar Council cannot impose an interim suspension from legal practice while disciplinary proceedings remain pending.
In Akhilesh Jaiswal v Bar Council of India, decided on 1 October 2026, two office-bearers of a Lucknow bar association challenged an order suspending their enrolment indefinitely until further orders. The disciplinary committee had adjourned the matter while simultaneously preventing them from appearing in court.
A division bench said Section 35(3) of the Advocates Act treats suspension as a final disciplinary sanction following notice, charges, trial and hearing. The statute does not confer a separate power to suspend an advocate at the interim stage. An indefinite suspension was additionally inconsistent with the provision’s requirement that any suspension specify a period.
The Court quashed the order and directed the advocates to attend the next disciplinary hearing. It also required the Bar Council to supply outstanding documents upon a timely request, while cautioning the petitioners against unnecessary adjournments.