|Early Times Report|
Jammu, May 18: In PIL, seeking constitution of State Bar Council under Advocates Act, a high court division bench of Justice Alok Aradhe and Justice Janak Raj Kotwal today said 'in view of the Supreme Court order, this court deems it proper to dispose of the instant petition with a direction to the state high court to hold bar council elections within four months from the date of publication of J&K State Bar Council rules in the official gazette'.
It has been submitted in the PIL 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 Advocates Act, 1961 with effect from January 31, 1974. It has also been submitted that advocates here have been deprived of their legal and statutory rights due to non-constitution of State Bar Council, which enables advocates to have representation in Bar Council of India.
Earlier, the petitioners' counsel invited the court attention to a February 6, 2017 Supreme Court order in a case of Bhim Singh v/s Union of India and others, which contains a statement that the Union of India has received the Jammu and Kashmir State Bar Council Rules which are in the process of being published in the official gazette.
"In view of the aforesaid Supreme Court order, this court deems it proper to dispose of the instant petition with a direction to the state high court to hold bar council 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 bench directed.