"Prima Facie BCI Cannot Assume Revisional Jurisdiction When Matter Is Pending Before State Bar Council": Punjab & Haryana High Court

The Punjab & Haryana High Court has stayed an order of the Bar Council of India (BCI) till the next hearing, wherein it had put the interim decision of Punjab & Haryana Bar Council against High Court Bar Association President Vikas Malik "under abeyance."

In July, the Bar Council of Punjab and Haryana suspended the licence of Malik and barred him from practising before any court till a final decision is made on the complaints against him pertaining to embezzlement of funds. However, the decision was overturned by BCI.

Chief Justice Sheel Nagu and Justice Anil Kshetarpal said, "Since there is no assistance from the Bar Council of India in respect of scope and spirit of Section 48A of the Act, this Court is of the considered prima facie view that the revisional jurisdiction by the Bar Council of India can only be assumed, as is evident from plain textual reading of Section 48A of the Act, when a matter is disposed of by a State Bar Council or a Committee thereof, but not during pendency of proceedings before State Bar Council."

The bench said that, "it appears that the orders challenged herein passed by Bar Council of India are prima facie suffer from jurisdictional error."

While staying the order passed by BCI, the Court directed the BCI, "to first decide the question of jurisdiction and thereafter enter into merits, latest by 22.10.2024."

During the hearing the Court noted that on a specific query made, as to the scope and sweep of Section 48A of Advocates Act, 1961 and whether the BCI can assume revisional jurisdiction in a matter, which is pending before State Bar Council, neither Amit Vaid nor Prateek Sodhi (advocatyes appearing for BCI) is able to answer and sought time.

Referring to Section 48A (Power of revision) of the advocate's act the Court said that, while exercising jurisdiction the BCI is assessing the legality and validity of interim orders passed on 04.07.2024 and 26.07.2024 by State Bar Council of Punjab & Haryana in respect of disciplinary proceedings pending consideration before the State Bar Council against Malik and Secretary of High Court Bar Association, Swaran Singh Tiwana.

Listing the matter for October 10, the bench said that, "the day to day affairs of the Bar Association of Punjab & Haryana High Court shall be managed by the Vice-President along with Joint Secretary of the Association."

Title: Anjali Kukar and others v. Bar Council of India and others

Click here to read/download the order