Excelsior Correspondent
JAMMU, Sept 5: In a Public Interest Litigation (PIL) filed by two young lawyers Vishal Mahajan and Manav Sanmotra seeking constitution of State Bar Council under Advocates Act, 1961, Division Bench of the State High Court comprising Justice Virender Singh and Justice Muzaffar Hussain Attar, issued notice to the Chief Secretary and Registrar General of High Court for filing reply.
In the PIL, it has been submitted that the all the States have their 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 January 31, 1974.
“Advocates have been deprived of their legal and statutory rights for constitution of State Bar Council, which enables the Advocates to have their representation in the Bar Council of India”, the petitioners said.
After hearing Senior Advocate Sunil Sethi assisted by Advocate Sumit Singh, the DB directed Chief Secretary and Registrar General of High Court to file their response within four weeks with advance copy to Advocate Sumit Singh. In view of the importance of the issue, the DB directed the Registry to list the PIL in the week commencing from October 8, 2012.
Senior AAG Gagan Basotra accepted notice for the State and Advocate Aditya Gupta for the High Court.