Delhi High Court Stays BCI Decision Barring Punjab Based Lawyer From Doing Legal Practice

The Delhi High Court has stayed the decision of Bar Council of India (BCI) prohibiting a Punjab based lawyer, Lokinder Singh Phaugat, from doing legal practice during the pendency of a police complaint against him.

Justice Mini Pushkarna issued notice on Phaugat's plea challenging the order passed by the BCI on February 27 directing the Bar Council of Punjab and Haryana to lodge a police complaint before the competent authorities preferably with the Vigilance Department of Police from the State of Haryana.

Phaugat has served as the President of District Bar Association, Rohtak, on eight occasions.

Phaugat's counsel submitted that the BCI, while directing that a police complaint be lodged against Phaugat, had also wrongly directed that he will be prohibited from doing legal practice on the ground that he may tamper with evidence.

It was submitted that a complaint of professional misconduct is required to be tried by the Disciplinary Committee of the Bar Council and thus, without the matter being tried by the Disciplinary Committee, and without leading evidence, no order could have been passed by the BCI debarring Phaugat from practicing.

“Considering the submissions made before this Court, it is directed that Para 15(iv) of the impugned order dated 27th February, 2025, shall remain suspended, till the next date of hearing,” the Court said while listing the case for hearing on August 01.

The Bar Council of Punjab & Haryana had debarred Phaugat from contesting elections and had referred the matter to disciplinary committee. The action was taken on the allegations of financial misconduct in affairs of the bar association.

The said action was challenged by Phaugat before the Bar Council of India and the impugned order came to be passed debarring the lawyer from legal practice.

Counsel for Petitioner: Mr. Mohit Mathur, Senior Advocate with Mr. Nipun Arora, Mr. Shivender Gupta, Mr. Aman Singh, Ms. Kesri Gupta, Mr. Chinmay Dubey, Mr. Harsh Gautam and Mr. Vignesh, Advocates with petitioner in person

Counsel for Respondents: Mr. Preet Pal Singh, Advocate for respondent no. 1/BCI; Mr. HPS Ishar, Advocate for respondent No. 2; Mr. Jasbir Singh Malik with Ms. Rhythm Bharadwaj, Advocates for respondent nos. 3 and 4

Title: LOKINDER SINGH PHOUGAT v. BAR COUNCIL OF INDIA & ORS

Citation: 2025 LiveLaw (Del) 421

Click here to read order