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Synopsis

The Supreme Court today issued notice in a plea seeking directions to establish Jammu & Kashmir and Ladakh State Bar Council.

A division bench of Justice D Y Chandrachud and Justice J B Pardiwala was hearing a Public Interest Litigation (PIL) filed by an Advocate of Jammu & Kashmir and Ladakh challenging the inaction of the Bar Council of India (BCI) and its failure in establishing a State Bar Council in the territory.

The plea stated that Section 3, Chapter 2 of the Advocates Act, 1961 discusses State Bar Councils, and Jammu and Kashmir was added by Act 60 of 1973. Despite the fact that nearly 49 years have passed, no Bar Council has been established in Jammu and Kashmir.

The plea, filed through Omprakash Parihar, Advocate on Record, further stated that on July 2, 2013, a writ petition in Bhim Singh v. Union of India and Ors., was filed before the Supreme Court, wherein the court stated that “the Bar Council of India, duly considers the Jammu and Kashmir State bar Council Rules, and approves the same with Resolution Number 122/2016 dated July 23, 2016. It is, on behalf of the Bar Council of India (BCI), submitted that the aforementioned rules have been forwarded for publication, in the official gazette”.

The plea alleged that despite making the above statement the BCI has not made any efforts to establish the Jammu and Kashmir State Bar Council.

It is also stated that, in comparison to other states in India, the entire legal fraternity of Jammu & Kashmir and Ladakh has no established government body where they can enroll themselves and take benefits from the Bar Council.

The Plea added that while members of the legal fraternity are currently members of the Jammu and Kashmir High Court Bar Association, and the Association handles all grievances, the members of the Legal Fraternity face difficulties due to the system of "Darbar Move" and that makes it difficult for them to practice in Jammu and Kashmir and Ladakh.

Furthermore, the plea stated that there is a flagrant violation of the fundamental rights of members of the legal fraternity in Jammu and Kashmir, and Ladakh under Articles 12, 14, and 19 of the Indian Constitution.

“Due to non-availability of the State Bar Council, Advocates are unable to apply for Proximity Cards to appear before the High Court, as no option for Jammu and Kashmir and Ladakh is provided in the online application”, the plea read.

Dushyant Tiwari, Advocate, appeared for the petitioner.

Case title: Supriya Pandita v. Union of India & Ors.