Delhi HC stays suspension of former DHCBA president Rajiv Khosla and three advocates
The Delhi High Court on Wednesday stayed the Bar Council of Delhi's (BCD) order suspending former Delhi High Court Bar Association (DHCBA) president Rajiv Khosla and three other advocates. Justice Amit Bansal passed the interim order, which is effective until October 7, citing concerns that the suspension directly impacts the lawyers' right to livelihood. However, the court restrained the four advocates from accessing the vote-counting venue located on the seventh floor of the high court building.
The suspension order had been issued by the BCD secretary on April 26, following allegations of misconduct during the council elections. The four lawyers were accused of attempting to forcibly stop the returning officer, election committee members, and counting staff from entering the counting venue during an incident in the S-Block of the Delhi High Court a day prior.
Following the incident, the BCD sent a three-page letter to the four lawyers, barring them from the high court precincts. The council also issued a show-cause notice, demanding they explain why disciplinary action—including a three-year suspension of their licences to practice—should not be taken against them for professional misconduct.
In their petition to the high court, the suspended advocates argued that the BCD's decision was made without giving them an opportunity to be heard. They further contended that the committee lacked the jurisdiction to pass an order with such far-reaching consequences.
Opposing the petition, BCD advocate Kiritman Singh argued that the April 25 incident was serious and catastrophic enough to justify the immediate suspension.
During the hearing, Justice Bansal questioned the BCD's decision to suspend the lawyers. "Why would you suspend them? It affects their right to livelihood," the court remarked. The court ordered that the directions in the impugned show-cause notice remain stayed, on the condition that the petitioners do not access the seventh floor of the high court building where votes are being counted.
The council elections were the first to be held since the Bar Council of India dissolved the BCD last October. A three-member special committee, headed by additional solicitor general Chetan Sharma, was subsequently constituted to oversee its functions.
