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HC directs state to file response
PIL seeking constitution of State Bar Council
2/12/2013 12:22:52 AM
Early Times Report
Jammu, Feb 11 (JNF) : In a Public Interest Litigation filed by two young lawyers Vishal Mahajan and Manav Sanmotra seeking constitution of State Bar Council under Advocates Act, 1961, a Division Bench of the State High Court comprising First Puisne Judge Justice Virender Singh and Justice Hasnain Massodi after hearing Sr. Adv Sunil Sethi with Advs Veenu Gupta & Sumit Singh for the petitioner and Sr. AAG Gagan Basotra for the state and Sr. Adv AV Gupta with Adv Aditya Gupta for the State High Court, directed the state to file response within four weeks.
In the PIL it has been submitted that all the states have their State Bar Councils headed by the Elected Body of Advocates, however, in State of J&K, the High Court is exercising the powers of State Bar Council under section 58 of the Advocates Act, 1961 with effect from January 31, 1974.
It is further submitted in the PIL that the Advocates have been deprived of their legal and statutory rights by taking away their rights for constitution of State Bar Council, which enables the Advocates to have their representation in the Bar Council of India. In the PIL, the petitioners have prayed that the State Bar Council be constituted in terms of Advocates Act 1961.
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