Supreme Court issues notice to Centre, Bar on plea to set up Council in J&K

The Supreme Court on Friday asked the Centre and the Bar Council of India (BCI) to respond to a petition seeking the establishment of a Bar Council in Jammu and Kashmir. A Bench led by Justice Vikram Nath took note of the submissions made by senior advocate Javid Shaikh, representing the Kashmir Advocates Association, and directed the Centre, BCI, and the Registrar General of the High Court of Jammu and Kashmir and Ladakh to file responses. The matter was posted for hearing after four weeks.

Shaikh emphasised the need for a Bar Council in J&K and sought interim relief, highlighting the necessity of government-issued welfare stamps on pleadings, which are typically published at the request of a Bar Council. He pointed out that, in the absence of a Bar Council, the High Court was performing the relevant functions.

“Whatever system is there so far will continue. Is the high court a party? Let the notice go, and let them come,” the Bench said.

This petition follows a July 29, 2022, Supreme Court order, asking the Centre and BCI to respond to a request for directions to establish a Bar Council for J&K and Ladakh. The Court had issued notices to the Ministry of Law and Justice, the BCI, and other parties concerned, following a petition filed by advocate Supriya Pandita. Pandita contended that the failure to establish a Bar Council amounted to “step-motherly treatment and discrimination.”

Pandita argued that the Advocates Act of 1961 mandates every state to have its own State Bar Council, and therefore, Jammu and Kashmir and Ladakh should not be denied this essential body.

She pointed out that without a Bar Council, advocates were deprived of enrolling and receiving benefits, such as proximity cards for the Supreme Court, which were unavailable to them due to the absence of a Bar Council.