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

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New Delhi, July 29

The Supreme Court on Friday asked the Centre and the Bar Council of India to respond to a petition seeking directions to establish a Bar Council in Jammu and Kashmir and Ladakh.

A Bench led by Justice DY Chandrachud issued notices to the Ministry of Law and Justice, Bar Council of India and others on the petition filed by advocate Supriya Pandita, who contended that the failure to provide Bar Council to lawyers from the two Union Territories was nothing less than “step-motherly treatment and discrimination”.

“The Advocates Act, 1961, mandates every state should have state Bar Council and therefore, Bar Council for Jammu and Kashmir and Ladakh cannot be denied by the respondents,” petitioner Supriya Pandita, an advocate from Jammu and Kashmir and Ladakh, submitted.

The petitioner also referred to the Centre’s August 2019 decision to nullify Article 370 of the Constitution which gave special status to Jammu and Kashmir.

She said the legal fraternity in Jammu and Kashmir and Ladakh has no government-established body where they could get themselves enrolled and take benefits of the Bar Council.

On account of non-availability of the state Bar Council, advocates were even deprived of applying for the proximity cards for entering the Supreme Court as no option for Jammu and Kashmir and Ladakh was provided in the online application, she contended.

“The advocate members from Jammu and Kashmir and Ladakh are unable to apply for the proximity card of this court as the application form for the proximity card of this court requires compulsory filing the details of the state Bar Council,” Pandita submitted.

She also sought a direction for issuance of proximity cards to advocate members from Jammu and Kashmir and Ladakh who wished to avail the benefit of this card issued by the top court.

The petitioner pointed out that while hearing another petition in February 2017, the top court had noted that the BCI, having duly considered the Jammu and Kashmir State Bar Council Rules, has approved the same and it was submitted on behalf of the BCI that the aforesaid rules have since been forwarded for publication in the official gazette.

“Despite making this statement, the Bar Council of India…has not made any efforts to establish the Jammu and Kashmir State Bar Council,” Pandita submitted in her petition.

Step-motherly treatment

Petitioner Supriya Pandita has contended that the failure to provide Bar Council to lawyers from the two Union Territories was nothing less than “step-motherly treatment and discrimination”.