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SC issues notice to centre, BCI on plea for Bar Council

Legally SpeakingSC issues notice to centre, BCI on plea for Bar Council

New Delhi: The Supreme Court of India on Friday directed the Centre, the Bar Council of India, and other relevant authorities to respond to a Public Interest Litigation requesting the establishment of a Bar Council in Jammu & Kashmir.

The PIL was filed by the Kashmir Advocates Association, represented by senior advocate Javid Shaikh.

A bench comprising Justices Vikram Nath and Sandeep Mehta issued notices to the Centre, the BCI, and the Registrar General of the High Court of Jammu and Kashmir and Ladakh.

A Bar Council is a statutory entity responsible for regulating the enrollment of law graduates as lawyers and overseeing the legal practice within a state. In his submissions, Shaikh, assisted by advocate Adil Muneer Andrabi, stressed the importance of setting up a Bar Council in Jammu and Kashmir.

He also sought interim relief, emphasizing the need for government-issued welfare stamps on pleadings, a practice generally facilitated by Bar Councils.

Shaikh pointed out that in the absence of a Bar Council, the High Court of Jammu and Kashmir had been handling the functions typically assigned to such a body.

However, the bench indicated it was not in a position to pass an interim order at this stage, allowing the current system to remain in place for now.

The bench also inquired whether the High Court was a party to the case, before deciding to issue notices to the concerned parties.

The matter has been scheduled for further hearing in 4 weeks.

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