Alok Kumar Sharma Vs Bar Council of India and Anr. — Delhi HC (2025) — LawSathi Research

Alok Kumar Sharma Vs Bar Council of India and Anr. — Delhi HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Direction to the respondent (Bar Council of India) to grant the petitioner an opportunity of hearing, consider the grievances raised in the petition, examine the matter afresh and pass a fresh order within three months; the impugned order dated 17.04.2025 to continue operating till completion of that exercise and passing of the fresh order.

Issue for consideration

Whether the Bar Council of India's order dated 17.04.2025 striking off the petitioner's name was liable to interference on the ground that it was passed without affording the petitioner an opportunity of hearing.

Court's answer

With the consent of learned counsel for the respondent, the petition is disposed of with a direction to the respondent to grant the petitioner an opportunity of hearing, consider the grievances canvassed in the petition, examine the matter afresh and pass a fresh order, the entire exercise to be concluded within three months.

Ratio / Principle

The impugned order dated 17.04.2025 shall continue to operate until the conclusion of the fresh-hearing exercise and the passing of a fresh order by the respondent.

Key takeaways

The petition stands disposed of in the above terms, and the pending application (CM APPL. 46602/2025) also stands disposed of.ratio¶15

Detailed headnote1 paragraphs

High Court of Delhi (Sachin Datta, J.), W.P.(C) 11356/2025 with CM APPL. 46602/2025, decided 14.08.2025: Alok Kumar Sharma challenged the Bar Council of India's order dated 17.04.2025 in BCI Tr. Case No. 549/2023 (Mr. Prem Pankaj Parkhi v. Alok Kumar Sharma), passed under the proviso to Section 26(1) of the Advocates Act, 1951, whereby his name was struck off with immediate effect on the finding that he had enrolled with the Bar Council of Delhi by fraudulent misrepresentation. On the petitioner's grievance that the order was passed without affording him an opportunity of hearing, the Court, with the consent of learned counsel for the respondent, disposed of the petition directing the respondent to grant a hearing, examine the grievances afresh and pass a fresh order within three months; the impugned order was directed to continue operating until the fresh order is passed. The pending application was also disposed of.

$~80

IN THE HIGH COURT OF DELHI AT NEW DELHI

- W.P.(C) 11356/2025, CM APPL. 46602/2025 ALOK KUMAR SHARMA .....Petitioner

Through: Mr. Nazin Uddin Ahmed, Adv. versus BAR COUNCIL OF INDIA AND ANR .....Respondent Through: Mr. Shubham Jha, Mr. Bhirendra Kumar Pandey, Advs. for R2 Mr. Preetpal Singh, Ms. Tanupreet Kaur, Mr. Abhay Singh, Ms. Medha Navami, Advs. for BCI

CORAM:

HON'BLE MR. JUSTICE SACHIN DATTA O R D E R % 14.08.2025

The present petition has been filed by the petitioner assailing an order dated 17.04.2025 passed by the Bar Council of India in proceedings of BCI Tr. Case No. 549/2023 titled as Mr. Prem Pankaj Parkhi v. Alok Kumar Sharma , under the proviso to Section 26(1) of the Advocates Act, 1951.

By way of the said order the concerned Committee of the Bar Council of India has reached the conclusion that the petitioner got himself enrolled with the Bar Council of Delhi by making fraudulent misrepresentation. Accordingly, the name of the petitioner was struck off from the Bar Council of India with immediate effect.

Learned counsel for the petitioner raises a grievance to the effect that the said order was passed without affording an opportunity of hearing to the petitioner.

After some hearing, with consent of learned counsel for the respondent, the present petition is disposed of with a direction to the respondent, to grant

This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 22/08/2025 at 12:29:22

an opportunity of hearing to the petitioner and consider the grievance/s as canvassed in the present petition. Let the matter be examined afresh in the context thereof and a fresh order be passed by the respondent. Let the said exercise be concluded within a period of three months from today.

The impugned order dated 17.04.2025 shall continue to operate till the conclusion of the aforesaid exercise and passing of a fresh order in terms thereof.

The petition is disposed of in the above terms. The pending application also stands disposed of.

SACHIN DATTA, J

AUGUST 14, 2025/uk

This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 22/08/2025 at 12:29:22