SC Directs JK HC to Submit Election Rules for J&K Bar Council

KL Report

SRINAGAR

A Division Bench of the Supreme Court of India comprising of JJ T.S. Thakur & Justice Adarsh Kumar Goel Friday issued four week’s 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.

This order was passed by the Supreme Court on writ petition of Prof.Bhim Singh, Advocate who has sought the Constitution of the Bar Council of J&K.

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 advocate fraternity in J&K may also “share the fruits of democracy”.

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.

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 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.

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