Excelsior Correspondent
JAMMU, May 18: In Public Interest Litigation (PIL) seeking constitution of State Bar Council under Advocates Act, Division Bench of State High Court comprising Justice Alok Aradhe and Justice Janak Raj Kotwal has issued directions for holding the elections within a period of four months from the date of publication of the Jammu and Kashmir State Bar Council Rules in the official gazette.
In the PIL, it has been submitted that all the States have their State Bar Councils headed by the elected body of Advocates. However, in J&K the High Court is exercising the powers of State Bar Council under Section 58 of the Advocates Act, 1961 with effect from January 31, 1974.
It has further been submitted that the Advocates have been deprived of their legal and statutory rights due to non-constitution of State Bar Council, which otherwise enables the Advocates to have representation in the Bar Council of India.
Senior Advocate Sunil Sethi appearing for the petitioners invited the attention of the DB towards the order dated February 6, 2017 passed by the Supreme Court in case of Bhim Singh Versus Union of India and Others, which contains a statement that the Union of India has received the Jammu and Kashmir State Bar Council Rules and process was on to publish the same in the official gazette.
“In view of the order passed by the Supreme Court, we deem it proper to dispose of the instant PIL with a direction to the High Court of J&K to hold the elections within a period of four months from the date of publication of the Jammu and Kashmir State Bar Council Rules in the official gazette”, the DB directed.
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