Supreme Court Division Bench headed by Chief Justice, Mr. Justice J.S. Khehar declared that the Supreme Court shall hear the writ petition filed by Prof.Bhim Singh, Sr. Advocate and Sr. Executive Member of the Supreme Court Bar Association seeking implementation of Advocates Act in J&K. Prof.Bhim Singh in his petition has urged the Supreme Court of India to issue direction to the Union of India to issue notification/order declaring that J&K shall have elected Bar Council of J&K as is applicable in all other states of the country. Prof.Bhim Singh while arguing the writ petition filed by him made emotional submission before the court that he is a Member of the Bar Council of J&K which is governed by the High Court Judges under the Chairmanship of the Chief Justice of J&K right since the application of the Act in J&K which amounts to discrimination with the Advocates of J&K.
The counsel for the Bar Council of India had agreed before the Supreme Court to complete all formalities in this direction. Even draft Constitution was proposed by the Bar Council of India and after some amendments approved by the High Court of J&K.
Prof.Bhim Singh expressed surprise that the Bar Council took a ‘U’ turn on the advice of the Union of India which submitted before the Supreme Court that situation to hold election for the Bar Council in J&K was not conducive. Arguing strongly Prof.Bhim Singh made a submission before the Supreme Court that the election to the Parliament and Assembly should also be postponed if situation to hold lawyers’ election is so bad. Prof.Bhim Singh argued strongly that he is Member of Bar Council of J&K which is presided over by the Chief Justice of J&K with the judges of J&K High Court as its member. Prof.Bhim Singh argued before the a division bench headed by the Chief Justice of India that the lawyers in J&K should not be denied their right to elect the Council for them as is done throughout the country in all other states.
Chief Justice, Mr. Justice Jagdish Singh Khehar decided to hear the matter finally on 3rdFebruary, 2017. He told the counsel for the Bar Council that it shall be argued that day finally.