New Delhi: A Division Bench of the Supreme Court Tuesday issued notice to the Union of India and J&K Govt on a writ petition filed by Prof. Bhim Singh seeking directions to constitute Jammu and Kashmir Bar Council in accordance with the Advocates Act which was extended to State in 1986.
Notices have been served to Chief Secretary Mohammad Iqbal Khandey and Advocate-General, J&K High Court by the division Bench comprising of Justices T.S. Thakur and Vikramajit Sen.
Prof. Bhim Singh 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.
Describing it highly discriminatory to the lawyer fraternity of J&K Bhim Singh submitted that this amounts to denial of fundamental rights of lawyers of J&K.
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 shall be framed by the respective High Courts and for the Bar Council by the Supreme Court.
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.
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