NEW DELHI: A Division Bench of the Supreme Court of India has issued a notice to the the Jammu and Kashmir government besides seeking directions to constitute a Bar Council in accordance with the Advocates Act.
The bench, comprising Justice T.S. Thakur and Justice Vikramajit Sen, on Tuesday also issued notices to the Union of India besides the Advocate General of the Jammu and Kashmir High Court.
This was in response to a writ petition filed by prominent lawyer and politician Prof. Bhim Singh.
Singh had submitted that Jammu and Kashmir is the only state where Bar Council is headed by Chief Justice ever since the Advocates Act was extended to the state in 1986.
Describing it highly discriminatory towards lawyers, Singh submitted that “this amounts to denial of fundamental rights of lawyers.”
On a question by the Division Bench as to who has to frame the rules to hold election to the State Bar Council, Prof. Bhim Singh emphasized on Sections 57 and 58 of Advocates Act which provide rules for the State Bar Council to be framed by the respective High Courts and for the Bar Council by the Supreme Court.
He vehemently argued that the democracy was being scuttled in J&K and denial of fundamental rights to J&K lawyers to choose their Bar Council was one example.
