The Lucknow Bench of the Allahabad High Court has quashed the order suspending the advocate registration license of Brijesh Kumar Yadav, former general secretary of the Central Bar Association, Lucknow.
The Division Bench of Justice Salil Kumar Rai and Justice Arun Kumar Singh Deshwal passed this order while hearing a petition filed by Brajesh Kumar Yadav.
The petition has been filed challenging the resolution dated 21.5.2023 passed by the Bar Council of Uttar Pradesh whereby disciplinary proceedings have been instituted against the petitioner and his licence to practice has been suspended during the pendency of the disciplinary proceedings.
It was argued by the counsel for the petitioner that it is only the Disciplinary Committee, under Section 35(3)(c) of the Advocate Act, 1961, which is empowered to suspend the licence of an Advocate and the Bar Council of Uttar Pradesh itself has no power to suspend the licence of a practicing lawyer.It has also been argued that the licence of the petitioner has been suspended without giving the petitioner any opportunity of hearing.
The counsel for the respondent has agreed that the resolution suspending the licence of the petitioner may be quashed, however the disciplinary proceedings may continue.
In view of the consent of the counsel for the respondent, the court is not expressing any opinion either on the legality or propriety of the Bar Council of Uttar Pradesh suspending the licence of the petitioner.
“The resolution dated 21.5.2023 so far as it suspends the licence of the petitioner is hereby quashed. However, disciplinary proceedings instituted through the aforesaid resolution shall continue and be disposed of expeditiously”, the Court ordered.
With the aforesaid direction, the Court allowed the petition.