Excelsior Correspondent
Srinagar, Sept 16: Court of Justice Mohammad Yaqoob Mir has said directed that High Court of J&K Grant of Actual Bar Practice Certificate shall be strictly followed when an actual practice certificate or a certificate regarding standing at Bar to an advocate is issued.
Justice Mir said that a law graduate when enrolled on the rolls of Bar Council has to be treated in actual practice or treated to have standing at Bar as long as he remains connected with legal profession only.
Court also said that pursuing higher studies in law i.e. LL.M or LL.D, drafting of petitions and consultation would mean that he is practicing law.
Court also made it clear that appearance in the courts in connection with cases shall not be treated the only factor for grant of practice certificate. “A law graduate who though enrolled as an advocate but is not connected with the profession of law or is in regular service of the Government of any other establishment, institution, unconnected with profession of law, in short pursuing any other full time avocation unrelated with the profession of law, shall not be treated to have standing at Bar or to be in actual practice at Bar”, court recorded in the judgment.
Court directed the registry to circulate the instant ruling to all Principal District & Sessions Judges of the State for information.
Court was hearing a petition questioning the selection of a person on the ground that he was not possessing two years “actual practice at bar”, therefore, was ineligible.
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