Excelsior Correspondent
JAMMU, July 21: A Disciplinary Committee of the High Court of Jammu & Kashmir and Ladakh comprising Justice Rajnesh Oswal, Justice Sanjay Dhar and Justice Rahul Bharti has transferred complaint against Advocates Mian Qayoom, Nazir Ahmad Ronga and Ghulam Nabi Thoker (Shaheen) to the Bar Council of India (BCI) for its disposal in accordance with the provisions contained in Section 36-B (1) of the Advocates Act.
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The complaint filed by Secretary to the Government, Department of Law, Justice and Parliamentary Affairs was forwarded to the Disciplinary Committee in terms of the Full Court Resolution dated October 20, 2023 and was received by it on November 4, 2023.
The respondent advocates raised a number of preliminary objections with regard to the jurisdiction of the Committee, jurisdiction of the High Court to refer matter to the Committee, the jurisdiction of the High Court to exercise disciplinary powers over the respondent advocates, the competence of the complainant to file the complaint etc.
The arguments of the respondent advocates as well as Senior AAG appearing on behalf of the complainant were heard in a number of hearings. Ultimately, the Committee vide its order dated 11.09.2024 overruled the legal objections of the respondent advocates.
Thereafter, Advocate Mian Abdul Qayoom filed review petition against the order, which was dismissed for being without any merit.
In the face of the peculiar circumstances the Committee could not conclude the proceedings within the stipulated period of one year from the date the complaint was placed before it. In view of the mandatory provisions contained in Section 36-B of the Advocates Act, the Committee has left with no option but to transfer the complaint to the Bar Council of India for its disposal in accordance with the provisions contained in Section 36-B (1) of the Advocates Act.
Accordingly, the Committee has directed its Secretary to send entire record of the complaint to the Bar Council of India for further proceedings at its end.
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