SC Issues Notice to Centre, J&K&L High Court on Plea for Bar Council in J&K
Court has accordingly directed the central government, BCI, and the Registrar General of the Jammu and Kashmir and Ladakh High Court to file their responses
The Supreme Court of India on Friday, January 31, issued notice to the central government and the Jammu and Kashmir and Ladakh High Court while hearing a petition seeking the establishment of a Bar Council for the Union Territory of Jammu and Kashmir.
Filed by the Kashmir Advocates Association, the petition highlights that there is no Bar Council for J&K, forcing lawyers in the region to seek membership with the Jammu and Kashmir High Court Bar Association.
In view of this, a bench comprising Justices Vikram Nath and Sandeep Mehta directed the central government, the Bar Council of India, and the Registrar General of the Jammu and Kashmir and Ladakh High Court to file their responses.
"Issue notice, returnable within four weeks. Liberty to serve notice on the standing counsel for the concerned respondent(s) is granted," the court said.
During the proceedings, Senior Advocate Javid Shaikh, representing the Kashmir Advocates Association, emphasised the need for a Bar Council in J&K. He pointed out that in the absence of such a body, the High Court was performing its functions instead.
Similar Petition
Notably, the court had previously issued notice in a similar petition filed before the Top Court in 2022, seeking direction to establish the Bar Council in Jammu & Kashmir and Ladakh.
The petition filed by Advocate Supriya Pandita through Advocate Omprakash Ajitsingh Parihar, stated that the entire legal fraternity in Jammu & Kashmir and Ladakh had no government-established body where they could get themselves enrolled and take benefits of the Bar Council membership as compared to the other States in India.
The plea argued 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 had been set up till now.
It further argued 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 stated that 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 were deprived of applying for the Proximity Cards for appearing before the Apex Court as no option for the Jammu & Kashmir and Ladakh had been provided in the online application.
The petition also sought direction to the Apex Court Secretary-General to issue the Proximity Cards to the Advocate members from Jammu & Kashmir and Ladakh who wished to avail the benefit.
Case Title: Kashmir Advocates Association v. Union of India & Ors.