Anshuman Gupta v. The Bar Council Of India And Others

In The High Court for the States of Punjab and Haryana At Chandigarh CWP-24995-2025 (O&M) Date of Decision:- 27.08.2025 Anshuman Gupta ... Petitioner

Versus

The Bar Council of India and others ... Respondents

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL HON'BLE MR. JUSTICE DEEPINDER SINGH NALWA Present:- Ms. Aakriti Mittal, Advocate, for petitioner. Mr. Harlove Singh Rajput, Advocate, for respondents No.1 and 2. ***** GURVINDER SINGH GILL , J . (Oral) 1.

The petitioner who is an Advocate seeks quashing of letter dated 25.01.2022 (Annexure P-15) and also letter dated 21.7.2025 (Annexure P-17). The contents of letter dated 25.01.2022 (Annexure P-15) are reproduced herein as under: "The Bar Council of India is in receipt of Reference under Section26(1) proviso of Advocates Act, 1961 and Part-II, Section-VII of the Bar Council of India Rules from the Bar Council Punjab & Haryana, with regard to you having got your name entered on the roll of Advocates by misrepresentation as to an essential fact or by fraud or undue influence.

As per procedure provided in proviso to Section-26(1) of the Advocates Act, 1961, the Bar Council of India would like to give you an opportunity of being heard before it takes any decision in your matter.

Accordingly, you are directed to produce all the above documents to Secretary, Bar Council of India on email bciinfo21@gmail.com or you may also send them through speed post on or before 10.02.2022."

2.

The contents of letter dated 21.07.2025 (Annexure P-17) are reproduced herein as under:

MOHAN SINGH 2025.08.28 10:02 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court, Chandigarh

CWP-24995-2025 (O&M) - 2 - "The Bar Council of India is in receipt of Reference under Section26(1) proviso of Advocates Act, 1961 and Part-II, Section-VII of the Bar Council of India Rules from the Bar Council Punjab & Haryana, with regard to you having got your name entered on the roll of Advocates by misrepresentation as to an essential fact or by fraud or undue influence.

As per procedure provided in proviso to Section-26(1) of the Advocates Act, 1961, the Bar Council of India would like to give you an opportunity of being heard before it takes any decision in your matter.

Please take notice that above case is posted for hearing on:- Friday, the 1st August, 2025, at 02:00 PM at Premises of Bar Council of India, 21 Rouse Avenue, Institutional Area, New Delhi110002." 3.

A perusal of the aforesaid letters indicates that the petitioner had been afforded an opportunity of being heard before any final decision is taken in the matter. We find that the instant petition is rather premature and is disposed off as such. However, the petitioner would be at liberty to file detailed reply to the aforesaid letter/notice i.e. Annexure P-17. Upon such reply being filed within two weeks from today, respondent No.1 would be expected to dispose off the matter expeditiously, preferably within a period of two months from the receipt of such reply. 4.

The petition stands disposed off accordingly. ( GURVINDER SINGH GILL ) JUDGE ( DEEPINDER SINGH NALWA ) 27.08.2025 JUDGE mohan Whether speaking /reasoned Yes / No Whether Reportable Yes / No MOHAN SINGH 2025.08.28 10:02 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court, Chandigarh