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PIL seeking constitution of Bar Council

KT NEWS SERVICE. Dated: 5/20/2017 1:16:56 AM

HC directs Bar Council election within 4 months

JAMMU, May 18 (JNF): In Public Interest Litigation (PIL) seeking constitution of State Bar Council under Advocates Act, Division Bench of State High Court directed to hold Bar Council Election within four months from the publication of Rules.
In the PIL, it has been submitted that all the states have their State Bar Councils headed by elected body of Advocates of their respective states. However, in J&K High Court is exercising the powers of State Bar Council under Section 58 of the Advocates Act, 1961 with effect from January 31, 1974. It has been 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 Advocates to have representation in Bar Council of India.
Division Bench of State High Court Comprising Justice Alok Aradhe and Justice Janak Raj Kotwal today observed that Senior Advocate Sunil Sethi appearing for petitioners has invited the attention of this court to order dated February 6, 2017 passed by Supreme Court in case of Bhim Singh versus Union of India and others, which contains a statement that Union of India has received the Jammu and Kashmir State Bar Council Rules and Union of India have in process of being published the same in official gazette.
Division Bench observed that in view of the aforesaid order passed by Supreme Court, this court deems it proper to dispose of the instant petit/on with a direction to High Court of J&K to hold elections within a period of four months from the date of publication of Jammu and Kashmir State Bar Council Rules in the official gazette.