Supreme Court Expunges BCI’s Warning Against Advocate After Misconduct Complaint Was Dismissed

May 11, 2026 : The Supreme Court recently set aside adverse remarks made by the Bar Council of India (BCI) against an advocate during disciplinary proceedings, holding that such observations were unjustified once the professional misconduct complaint against him had already been dismissed by the State Bar Council.

A Bench comprising Justice Vikram Nath, Justice Sandeep Mehta and Justice Vijay Bishnoi observed that after both disciplinary authorities found no substance in the allegations, the BCI had no basis to issue a warning against the advocate.

The case arose from a complaint filed under Section 35 of the Advocates Act, 1961 against an advocate practicing in Moradabad district of Uttar Pradesh. The complaint was filed by the husband of the advocate’s sister, who alleged that the advocate had threatened and intimidated him during an ongoing matrimonial dispute involving the advocate’s sister.

The Uttar Pradesh State Bar Council dismissed the complaint after concluding that the allegations were false, frivolous and motivated by mala fide intentions to harass the advocate. It also imposed costs of Rs 25,000 on the complainant.

The complainant challenged the decision before the BCI. While the BCI upheld the State Bar Council’s findings and refused to interfere with the dismissal of the complaint, it set aside the costs imposed on the complainant. However, the BCI also issued a warning to the advocate, advising him not to engage in any threatening or intimidating conduct against the complainant.

Challenging these remarks, the advocate approached the Supreme Court under Section 38 of the Advocates Act.

Allowing the appeal, the Apex Court held that the BCI exceeded its jurisdiction by making adverse observations despite affirming the dismissal of the misconduct complaint. The Court further noted that the complainant had accepted the concurrent findings of both disciplinary bodies and had not challenged them before any other forum.

Accordingly, the Supreme Court quashed and expunged the warning and adverse remarks issued by the BCI against the advocate.