| News Details |
| SC directs J&K High Court to submit election rules for J&K Bar Council | | within four weeks |
New Delhi, February 20, (Scoop News)- A Division Bench of the Supreme Court of India comprising of JJ T.S. Thakur and Justice Adarsh Kumar Goel issued four weeks notice to the High Court of J&K to frame rules for the election of the Bar Council of J&K and submit before the court within four weeks so that J&K may have an elected Bar Council has provided in the 1961 Advocates Act which was enforced in J&K in 1986. This order was passed by the Hon’ble Supreme Court on writ petition of Prof.Bhim Singh, Sr. Advocate who has sought the Constitution of the Bar Council of J&K which has been delayed by 28 years for the reasons to be understood.
Prof.Bhim Singh, in his writ petition has urged the Supreme Court directing the High Court of J&K to frame rules within the scope of Section 57 & 58 of the Advocates Act, 1961 so that the advocates’ fraternity in J&K may also share the fruits of democracy with the advocates in the rest of the country. He said that Advocates Act was notified in 1986 and it has not been enforced till date. He submitted before the Court that the Bar Council of India, one of the respondents has in its reply affidavit has expressed full solidarity with and support to the petitioner expressing its anguish on the failure of the authorities to constitute a Bar Council. Presently Bar Council in J&K is headed by the Chief Justice of J&K with High Court Judges as its members which the petition says is totally unconstitutional and violates the fundamental principles enshrined in the Advocates Act which made applicable J&K 28 years back. In its reply the Bar Council admitted and stated,
“Further, that the Chief Justice of Jammu and Kashmir has been functioning as a Chairman of Bar Council of Jammu and Kashmir even since the Advocates Act, 1961 was extended Jammu and Kashmir in the year 1986. So far as per Section 58 of the Advocates Act, 1961 its functions are being performed by this Jammu and Kashmir High Court. It is further been admitted that no rules under the Act has been framed so far. Secondly, the State Bar Councils has not been elected. The Bar Council of Jammu and Kashmir has not been constituted in accordance with the Advocates Act which was extended to Jammu and Kashmir in the year 1986. This is totally violation of fundamental rights of lawyers’ fraternity and thus violating the provisions of Articles 14, 19 and 21 as well as the provisions of the Advocates Act, 1961 because the lawyers’ fraternity has been discriminated and denied their rights to elect their own Bar Council as it has been practice in all other states of India. The lawyers’ fraternity in the Jammu and Kashmir away from sharing their democratic rights at par with the lawyers’ community in all over states amongst to discrimination with the lawyers who have been finding for the civil value of the people and democratic rights of the citizens.”
Prof.Bhim Singh also urged the court to fix a particular date in the month of April to hold for the Bar Council in J&K. The court told Bhim Singh that let the High Court come with the election rules and next time we may ask for election of the Bar to end the present uncertainty.
Prof.Bhim Singh was assisted by Mr. Satish Vig, B.S. Billowria, Vijay Pratap Singh, Advocates.... |
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