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SC’s directive to BCI

Excelsior Correspondent
JAMMU, Feb 6: A bench of Supreme Court comprising Chief Justice of India, Justice J S Khehar and Justice N V Ramana today directed the Bar Council of India (BCI) to complete process for election of Bar Council of J&K within four weeks.
The direction was passed in a writ petition filed by Senior Advocate Prof Bhim Singh seeking intervention of Apex Court for the implementation of Advocates Act, 1961 in Jammu and Kashmir.
“The lawyers fraternity of J&K was kept out of this privilege and the High Court of J&K was given the powers provided in Section 58 of the Advocates Act to look after the enrolment”, the petitioner said, adding “the Bar Council of J&K has not been constituted in accordance with the Advocates Act, 1961, which was extended to J&K in 1986”.
He further said, “lawyers have been denied of their right to elect their own Bar Council as it has been practiced in all other States”, adding “this amounts to discrimination with the lawyers who have been fighting for the cause of civil liberties and democratic rights of the citizens”.
The petitioner further submitted, “the failure on the part of the respondents to frame Rules to hold election of the Bar Council in J&K under the Advocates Act, 1961 leaves not an iota of doubt that the respondents have deliberately chosen to deny democratic right to the lawyers’ fraternity in J&K”.

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