The Supreme Court in the case Supriya Pandita v Union Of India & Ors observed while hearing a petition for the establishment of the Bar Council in Jammu & Kashmir And Ladakh, as the Practising Advocate from Jammu & Kashmir and Ladakh has approached the Top Court.
It has been argued by the petitioner in the plea that there is no Government Established body in Jammu & Kashmir and Ladakh as compared to other states of India, where the entire Legal Fraternity of Jammu & Kashmir and Ladakh can get themselves enrolled and take benefits of Bar Councils.
The plea further states that Currently, it is important to note that all the members of the Legal Fraternity take the membership of Jammu and Kashmir High Court Bar Association but the members of the Legal Fraternity are facing various difficulties due to the system of “Darbar Move” and due to which it becomes difficult for the Legal Fraternity of Jammu & Kashmir and Ladakh to practise.
Further it has been argued that due to the non-availability of the State Councils the Advocates are deprived of applying for proximity cards for appearing before the Top Court. Thereafter the Advocate in the petition has also sought for directing the Supreme Court to issue proximity cards to Advocate members from Jammu & Kashmir & Ladakh who wish to avail the benefit of proximity card.
As it is clearly stated in the Advocates Act, 1961 and mandates that every State should have the State Bar Council and therefore the respondent cannot deny the Bar Council for Jammu & Kashmir and Ladakh.
To Abrogate provisions of Article 370 of the Constitution, which had given a special status to Jammu and Kashmir was also referred to the Centre’s decision in August 2019.
the Bar Council of India on February 6, 2017 had stated before the Top Court that the Top Court had approved the Jammu and Kashmir State Bar Council Rules but irrespective of the same the BCI has not made any efforts to establish the State Bar Council, Contended by Supriya Pandita in her petition.
AOR Om Prakash Parihar has filled the petition before the Top Court.
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