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A Public Interest Litigation (PIL) plea has been filed in the Supreme Court seeking direction to establish the Bar Council in Jammu & Kashmir and Ladakh.

The PIL filed by Advocate Supriya Pandita through Advocate Omprakash Ajitsingh Parihar states that the entire legal fraternity in Jammu & Kashmir and Ladakh has no government established body where they can get themselves enrolled and take benefits of the Bar Council membership as compared to the other States in India.

The plea argues that on August 5, 2019, the Government of India revoked Article 370 and the special status of Jammu & Kashmir and Ladakh, and the special laws applicable were also removed, despite that no Bar Council has been set up till now.

Pandita argues that "Section 3, chapter 2 of the Advocates Act, 1961 talks about State Bar Councils and the Jammu & Kashmir was inserted by Act 60 of 1973, section 4 with effect for January 31, 1974, whereas, despite that almost 49 years have passed and no Bar council has been established in Jammu and Kashmir."

The plea further argues that currently, the members take membership of the Jammu & Kashmir High Court Bar Association and their grievances are dealt with by the HC bar association but due to the system of "Darbar Move", the members face various difficulties due to which it becomes difficult for them to practice in Jammu & Kashmir and Ladakh.

Due to the non-availability of the State Bar Council, the Advocates are even deprived of applying for the Proximity Cards for appearing before the apex court as no option for the Jammu & Kashmir and Ladakh has been provided in the online application, the plea reads.

It has further sought direction to the Apex Court Secretary-General to issue the Proximity Cards to the Advocate members from Jammu & Kashmir and Ladakh who wish to avail the benefit.

Case Title: Supriya Pandita Vs. Union of India & Ors.