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NEW DELHI: Prof. Bhim Singh, Sr. Advocate, Executive Chairman of State Legal Aid Committee, J&K today criticized the Bar Council of India for its deliberate failure to implement the direction/order of the Supreme Court of India dated 06.02.2017 directing the Bar Council of India to hold election to elect the Bar Council in J&K which has not been constituted ever since Bar Council of India was introduced in the system. The Supreme Court of India in its order dated February 6, 2017 delivered after hearing a writ petition of Bhim Singh (W.P (C) No.465/2013) directing the Bar Council of India to hold election to the Bar Council of India in J&K. The Supreme Court in its order dated 06.02.2017 observed that,

“The Bar Council of India, having duly considered the Jammu & Kashmir State Bar Council Rules, has approved the same, vide its resolution no. 192/2016, dated 23.07.2016. It is submitted on behalf of the Bar Council of India, that the afore-stated rules have since been forwarded for publication, in the official gazette.

2.       It is acknowledged by the learned counsel representing the Union of India, that the Jammu & Kashmir State Bar Council Rules, have been received by it, and they are in the process of being published in the official gazette. Learned counsel states, that she expects, that the aforesaid publication in the official gazette, would take approximately four weeks.

3.       In view of the above, we are satisfied, that all the prayers made in the instant writ petition have been duly accepted, and therefore, we dispose of the instant petition, by directing the Union of India to publish the Jammu & Kashmir State Bar Council Rules, in the official gazette, positively within two months from today.”

Prof.Bhim Singh this morning intervened while the court was hearing the matter in connection with its suo moto notice served on the Jammu Bar Association on Kathua girl rape-murder case. Interestingly, the Bar Association was represented by some lawyers of Supreme Court connected with the Supreme Court Bar Association whereas the presence of representatives of J&K Bar Association on behalf of the Bar were not witnessed.

Prof.Bhim Singh after hearing advocates representing Jammu Bar Association intervened and made a strong submission to the court when the court was going to dictate its order after hearing the lawyers representing different parties involved in the matter. Prof.Bhim Singh reminded the Hon’ble Supreme Court Bench comprising of Chief Justice of India Mr. Justice Deepak Mishra, Mr. Justice A.M. Khanwilkar and Mr. Justice D.Y. Chandrachud.

Prof.Bhim Singh in his submission as intervener made submission regarding the indifferent behaviour of the Bar Council of India towards J&K in relation to implementation of the Advocates Act in J&K. He said that there is no Bar Council in J&K as it has not been constituted by the Bar Council of India right from the beginning. A writ petition was filed by me (Bhim Singh) in 2013 seeking extension of the jurisdiction Bar Council of India into the State of J&K as J&K forms integral part of India. He said that Bar Council has not been extended into the J&K State and the so-called Bar Council which is installed in J&K has been headed by the respective Chief Justices of J&K since the beginning. All prayers and appeals have been rejected by those who had power to apply this Act to the State of J&K which is the integral part of the Union of India. Article 3 of J&K Constitution categorically states that “the State of J&K is and shall be an integral part of the Union of India”. Prof.Bhim Singh had been arguing on this part that J&K is integral part of the Union of India and it could not be denied an Act like Advocates Act, 1961 where Bar Council was constituted for the entire country.

Prof.Bhim Singh submitted to the Supreme Court of India that Bar Council has no locus to visit J&K or prepare its documentary report on this point as the Bar Council of India is itself responsible for the present mess in the State of J&K where lawyers’ community stands deprived of their fundamental rights even to constitute Bar Council in the State. He said that this Act on the part of the Bar Council of India amounts to the contempt of the Supreme Court. When Bar Council of India could not implement the order of the Supreme Court to extend Bar Council to J&K, what right they have to organize their luxury visit to J&K to inquire into the conduct of Bar Association in J&K. What a sad story that Chief Justice of J&K being Chairman of State Bar Council in J&K sits under the Chairmanship of the Chairman of Bar Council of India, a Senior Advocate.  

 

Advocates who assisted Prof.Bhim Singh included Mr. B.S. Billowria and Mr. Ajay Singh.

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MUMBAI: Bollywood actor Amitabh Bachchan finds it “terrible” to even think about the rape and murder of an eight-year-old girl in Kathua district of Jammu and Kashmir. Amitabh, who is an active spokesperson for girl child rights, was present at the song launch of his upcoming film “102 Not Out” here on Thursday when he was asked to comment on the outrage over the incident. 

He said: “Is vishay par charcha karne pe mujhe ghin aa rahi hai. Is vishay ko maat uchchalo. (I am disgusted to talk about this issue. Don’t raise this issue). It’s terrible to think about.” Indian celebrities have been voicing their concern over the increasing number of rape cases and crimes against women. Amitabh was present at the event along with his co-star Rishi Kapoor, Jimit Tridevi and the crew of the Umesh Shukla directorial, which is releasing on May 4.

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  • ‘Rassana victim must get justice’

AMRITSAR: National Conference President Dr Farooq Abdullah on Wednesday said, dialogue is the only way forward to herald peace in Indo-Pak region and urged the two nations to break the ice and initiate meaningful engagement to sort out the issues. “National Conference has been consistently and strongly vouching for Indo-Pak talks and this has now even been endorsed by the Chiefs of Army of the two countries as well, which is a welcome development”, Dr Farooq Abdullah said in an informal interaction with media after paying obeisance at the Golden Temple here. 

Accompanied by Provincial President Mr Devender Singh Rana, the National Conference chief expressed happiness over realization dawning on the Army chiefs of the two countries and said, “This is vindication of our stand”. He added that wars were no solution to solve problems, howsoever, serious in nature these may be, as negotiation table is ultimately the forum to thin down difference and reach conclusions. He hoped that the positive observations and assertions of the Army chiefs would be taken forward to create conducive conditions for talks.  He said beneficiaries of the Indo-Pak dialogue would be people of Jammu and Kashmir, who have been braving the brunt of hostilities. 

National Conference chief said history stands testimony to the fact that all the issues have been sorted out by sitting around the table and hoped that the common sentiment for dialogue process would be initiated by India and Pakistan. Dr Farooq Abdullah exuded confidence that Indo-Pak talks would lead to culmination of the border hostilities and cycle of violence in Kashmir. He reiterated that talks with all the stakeholders with an avowed objective of addressing to internal and external dimensions of the Jammu and Kashmir imbroglio, which he termed as political in character, would be a major initiative towards lasting peace in the region. 

On the Rassana murder and rape case, the National Conference President said that the matter is sub-judice. However, he added that the innocent girl must get justice and guilty delivered exemplary punishment. He hoped people to maintain their cool and strengthen the time tested bonds of amity, unity and brotherhood. Earlier, Dr Farooq Abdullah and Mr Devender Singh Rana paid obeisance at the Golden Temple and prayed for universal peace and brotherhood. Dr Abdullah also prayed for well-being of the people of the country and Jammu and Kashmir State besides end to the disturbed conditions that have caused enumerable sufferings to the people.