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Synopsis

The Jammu & Kashmir and Ladakh High Court has ruled that the Bar Council of India (BCI) dress code for women advocates does not permit appearing in court with a face covering.

The court, presided over by Justice Moksha Khajuria Kazmi, made this observation while addressing an incident involving a woman advocate, appearing on behalf of the petitioners in a domestic violence case, who refused to remove her face covering during court proceedings.

The issue arose on November 27, when the woman, identifying herself as Advocate Syed Ainain Qadri appeared before Justice Rahul Bharti to represent the petitioners in a plea seeking to quash the domestic violence case. Though she wore an advocate’s attire, her face remained covered. Upon being requested by the court to remove the face covering, she insisted it was her fundamental right and declined to comply. Justice Bharti refused to recognize her as counsel for the petitioners, noting the inability to confirm her identity. In furtherance, the court directed the Registrar General to confirm the legality of such attire under BCI rules.

The court had previously, in its order remarked: “this court does not entertain the appearance of the person identifying herself to be Advocate Ms.Syed Ainain Qadri as counsel for the petitioners as this Court has no basis/occasion to confirm her actual identity both as a person as well as professional.”

The report, submitted by the Registrar Judicial on December 5, 2024, highlighted the prescribed dress code for advocates as detailed in Chapter IV (Part VI) of the Bar Council of India Rules, formulated under Section 49(1)(gg) of the Advocates Act. Specifically, the dress code for women advocates includes:

(a) Black full-sleeve jacket or blouse with a white collar (stiff or soft), white bands, and an advocate's gown; alternatively, a white blouse with or without a collar may be worn with white bands and a black open-breasted coat.

(b) Acceptable lower garments include sarees, long skirts (white, black, or subdued colours without prints or designs), flares, or Punjabi dress, Churidar-Kurta, or Shalwar-Kurta, with or without a dupatta in white or black. Traditional attire may also be worn if accompanied by a black coat and bands.

(c) Wearing an advocate’s gown is optional except when appearing before the Supreme Court or High Courts.

(d) During summers, in courts other than the Supreme Court and High Courts, wearing a black coat is not mandatory.

The report made clear that there is no provision within these rules allowing for the appearance of advocates with their faces covered. Justice Kazmi referenced this report in the final ruling, affirming the absence of such provisions in the BCI dress code.

“It is nowhere stated in the rules that any such attire is permissible for appearing before this Court,” Justice Kazmi held, after considering the report.

The court noted that the person who initially appeared as counsel did not present herself for further proceedings, and another lawyer later represented the petitioners.

The court ultimately dismissed the petition, citing the availability of an alternative remedy.

 

Case Number: CRM(M) No. 704/2024