STATE TIMES NEWS
JAMMU: A Division Bench of State High Court comprising Justice Alok Aradhe and Justice Janak Raj Kotwal on Thursday issued direction to hold Bar Council Election within four months from the date of publication of the Jammu and Kashmir State Bar Council Rules in the official gazette.
The court direction came in Public Interest Litigation (PIL) seeking constitution of State Bar Council under Advocates Act. In the PIL, it has been submitted that all the States have their State Bar Councils headed by the elected body of Advocates of their respective States. 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 31st January 1974. It has further been submitted that 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.
The DB observed that Senior Advocate Sunil Sethi appearing for the petitioners has invited the attention of this court to the order dated February 6, 2017 passed by the Supreme Court in case of Bhim Singh verses 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 the Union of India is in the process of publishing the same in the official gazette.
Division Bench observed that in view of the aforesaid order passed by the Supreme Court, this Court deems it proper to dispose-off the instant petition with a direction to the High Court of J&K to hold the elections within four months from the date of publication of State Bar Council Rules in the official gazette.
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