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| SC issues notice to UoI, J&K High Court, CS on Bar Council election | | | early times report
Jammu, Aug 6: A Division Bench (DB) of the Supreme Court (SC) comprising of JJ T S Thakur and Justice Vikramajit Sen today issued notice to the Union of India, Chief Secretary of J&K, Advocate-General, J&K and High Court on a writ petition filed by senior executive member of SC Bar Association (SCBA) Prof Bhim Singh seeking direction to constitute J&K Bar Council in accordance with the Advocates Act which was extended to J&K in 1986.
Prof Singh submitted that J&K is the only state where Bar Council is headed by Chief Justice of J&K ever since the Advocates Act was extended to the state. He described that is highly discriminatory with the lawyers fraternity of J&K and submitted that this amounts to denial of fundamental rights of lawyers of J&K which is being enjoys by lawyers fraternity throughout the country. On a question by the DB as to who has to frame the rules to hold election to the State Bar Council (SBC), Prof Singh emphasized on Sections 57 and 58 of Advocates Act which provide rules for the SBC shall be framed by the respective High Courts and for the Bar Council by the SC. He vehemently argued that the democracy is being scuttled in J&K and denial of fundamental rights to J&K lawyers to choose their Bar Council is one example, he submitted. In his petition he stated,
"It is mandatory that every state in the country should have a Bar Council duly elected by the Electoral College constituted as per the mandate of the Advocates Act. In 1972, I had to register myself with the Bar Council of Delhi because Advocates Act was not applicable in J&K. Those registered in J&K (Integral part of the Union) have remained denied of this right. I would like to bring our concern to the notice of the Prime Minster of India that J&K has not been included in the list of Bar Councils of the States. J&K Bar Council is headed by the Chief Justice of J&K High Court with the High Court Judges as the members. There is no reason or justification to deprive the advocates in J&K of their basic and constitutional right to elect and constitute the Bar Council in the State as is being constituted in other states of the country," he said.
"I have been agitating this issue for the past 40 years without any response either from the government of India or from the Bar Council of India. This Act on the part of the Govt. of India or Bar Council of India amounts to discrimination with the entire lawyers' fraternity of J&K." He further stated, "Steps must be taken to hold elections in accordance with the Advocates Act (as amended) for the Bar Council of J&K. This shall be the beginning to build confidence in the minds of the people of J&K in the Constitution of India," he added.
In his petition, Prof Singh has stated that, "It was in 2013 that the petitioner took up this matter with the leadership of the Bar Council of India." He made representation to the Prime Minister of India seeking his intervention to ensure enforcement of the Advocates Act, 1961 in J&K. The Prime Minister's Office was pleased to send acknowledgment of the representation to the Govt. of J&K. In spite of all that no follow up action has been initiated to constitute a Bar Council in J&K in accordance with the letter and spirit of the Advocates Act, 1961 in 27 years.
The PMO in its reply dated 20.3.2013, Letter No.1/3/ 2013-PMP2/32416 while acknowledging the representation stated that the matter has been referred to Govt. of J&K for appropriate action." The court also allowed the petitioner to serve dasti order to the respondents.
Prof Singh was assisted by M/s Satish Vig, Advocate-on-Record, B S Billowria and others.
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