A set back to BJP-PDP Govt. in SC As it rejects J&K Appeal in beef row

 A Division Bench of Supreme Court of India presided by Justice Mr. H.L. Dattu, Chief Justice today rejected the SLP (Special Leave Petition) filed by J&K Govt. against two separate notices issued by Jammu Wing of J&K High Court dated 8.9.2015 and Srinagar Wing of same High Court dated 16.9.2015. The Jammu Wing of the J&K High Court had directed the police administration to ensure enforcement of the law as laid down in the Ranbir Penal Code (Indian Penal Code is not applicable in J&K) which prohibits slaughtering a cow or bovine animal in the state. The Srinagar Bench issued a notice to the J&K Govt. on another writ petition filed in Srinagar Wing of High Court challenging the validity of Section 298(A), (B), (C) & (D). The State of J&K instead of filing counter to the writ petitions (both PILs) chose to move an SLP before the Supreme Court of India on the ground that such notices have created law and order situation.
          The SLP was heard this morning by a Division Bench headed by the Chief Justice of India which refused to entertain the SLP filed by the Govt. of J&K. In the meantime, Prof.Bhim Singh, Sr.Advocate submitted before the court that the two orders were neither contradictory nor such notices had created any cause of action for the Supreme Court of India to intervene. He also welcomed the decision of the Supreme Court of India to return the case back to the High Court of J&K with a direction that the Chief Justice of J&K shall constitute a 3-judge bench to hear both the writ petitions (PILs). The Chief Justice of India made it clear that the court was not staying the notices or orders issued by the two benches at Jammu and at Srinagar. Prof.Bhim Singh said that the Supreme Court clearly stated, “We are not staying the orders/notices.” The court said that the notice of the Jammu Bench is being kept in abeyance temporary till the new bench is constituted by the Chief Justice of J&K. The court also refused to interfere with the order of the Srinagar Wing of the High Court and observed that there is no reason to interfere with the powers/jurisdiction of the legislature.
          Prof.Bhim Singh said that the Supreme Court did not use words contradictory orders as were used in the SLP of the state. The Supreme Court did not interfere with the provisions of the Ranbir Penal Code either.
          Prof.Bhim Singh was assisted by Mr. B.S. Billowria, Ms. Ritu Puri and other advocates.

J&K shall have first elected Bar Council in 30 years SC grants four weeks to BCI to submit rules approved by J&K HC

Division Bench of Supreme Court of India comprising JJ Mr. Justice T.S. Thakur and Mr. Justice N.V. Ramana today granted for weeks to Bar Council of India to examine and submit the final report on the rules for J&K Bar Council which have been framed by the full bench of J&K High Court under the direction of Supreme Court of India. The Supreme Court directed the Bar Council of India to file its affidavit with approval note so that the rules to hold election to the Bar Council of J&K may be held for the first time ever since Advocates Act, 1961 was framed by the Parliament of India.

The Supreme Court of India had directed the High Court of J&K to frame rules and consider to elect J&K Bar Council. This order was passed by the Supreme Court of India on a writ petition filed by Prof.Bhim Singh, Sr. Advocate and the Founder of J&K National Panthers Party. Prof.Bhim Singh filed this writ petition in 2013 seeking intervention of the Supreme Court to get elected Bar Council in the state as the present Bar Council is chaired by the Chief Justice of J&K High Court with the judges of the High Court as its members since 1986 when the Advocates Act, 1961 was extended to the State of J&K. Prof.Bhim Singh has described this as undemocratic amounting to massacre the democratic and fundamental rights of the lawyers’ fraternity. He said both the Govt. of J&K and the High Court were responsible for this sad situation.

Mr. Justice Tirath Singh, the senior most judge of the Supreme Court told Prof.Bhim Singh that we should wait for another four weeks when we had waited for 30 years.

The Bar Council of India in its affidavit had supported the PIL (writ petition) of Prof.Bhim Singh and filed an impressive affidavit urging Supreme Court of India to constitute J&K Bar Council in accordance with the spirit of law laid down in the Advocates Act, 1961.

Prof.Bhim Singh expressed satisfaction that one of the causes he has been fighting for stands accomplished when lawyers’ fraternity in J&K starts sharing the fruits of Advocates Act for the first time in the history.

Prof.Bhim Singh those assisted by Mr. Satish Vig, Mr. B.S. Billowria, Mr. Vijay Pratap Singh, Mrs. Ritu Puri and others.

Sd/-Sudesh Dogra, Political Secretary