JAMMU, Feb 19: A seminar was organised on “Formation of J&K bar Council, its composition and role in future” under the aegis of Daily JOURNEY LINE.
On this occasion Mr A K Sawhney, Advocate (former Bar President) and Chief Patron Daily JOURNEY LINE on behalf of the publication also felicitated Prof Bhim Singh for his role in the Supreme Court, by filing a writ petition and fetching directions from the Court to hold elections to the J&K Bar Council which would be a statutory body.
The programme was chaired by Prof Bhim Singh, Sr Advocate and presided by Mr D C Raina, Sr Advocate and Former Advocate General of J&K.
The Guests of Honour sharing the Dias were Mr Ved Raj Wazir, Mr B S Slathia, Mr M K Bhardwaj, Mr Daljeet Singh Saini all prominent Advocates and former Presidents of J&K High Court Bar Association and all were felicitated for their construction to the development of law and contribution to legal practice.
Mr S S Lehar, Sr. Advocate who is not keeping well due to paralytic stroke also attended the function where he was given a standing ovation by the audience and felicitated by all with a moment also shared the dias..
Besides them Mr Murtaza Khan, Advocate (former MLC), Mrs Surinder Kour Sr Advocate and ex Vice President of the J&K HCBA, Mr K L Pandita Adv. and Mr Suraj Singh a young lawyer who is specially abled with vision impairment were also felicitated and honoured.
The grand ceremony was compared and hosted by Mr. Aseem Sawhney Advocate and started with lighting of the traditional lamp and the verse of Holy Bible on lawyers, which reads :
…Woe unto you, lawyers! for ye have taken away the key of knowledge: ye entered not in yourselves, and them that were entering in ye hindered. (Bible, Luke 11:52)..
Prog Bhim Singh and all the dignitaries were presented one huge garland as a mark of felicitation.
Mr Amit Sawhney Editor Daily JOURNEY LINE and Mr A K Sawhney Advocate (Chief Patron Daily JOURNEY LINE) presented a memento to Prof Singh felicitating him on behalf of JOURNEY LINE for his remarkable contribution in fighting for his rights of the brethren of lawyers.
Thereafter the members of the JL reception committee who included Vinay Raina, Neeraj Singh, Utkarash Pathania, Ila Sharma, Shiv Dev Thakur, Pawan Ghambir, Arun Adv,Gurmukh Singh, Arun Kumar presented the mementoes through Chief Guest Prof Singh to the Guests of the occasion who included Mr D C Raina, Mr B S Slathia, Mr M K Bhardwaj, Mr Ved Raj Wazir, Mrs Surinder Kour, Mr Daljeet Singh Saini, Mr S S Lehar, Mr Murtaza Khan, Mr K L Pandita and Mr Suraj Singh were felicitated and presented with mementoes and trophies.
After the felicitation ceremony the seminar was initiated by the Emcee Mr Aseem Sawhney and the speakers who spoke during the seminar and presented their views and papers included Mr H C Jalmeria, prominent Advocate.
Mr Jalmeria hailed the efforts of Prof Bhim Singh and the decision of the Supreme Court and demanded early elections of the Bar Council and said that after about 30 years the first time elections will be held of the Council, which is a stature body and will have control over licensing, disciple, funds and eduction of law and lawyers.
Mrs Monika Kohli, prominent Advocate also presented her paper in the seminar and explained the history of the Bail Council of India and High Courts. She said that the first Bar council was going to be elected which is turning point in the history of J&K’s judiciary.
Mr Murtaza Khan who was honoured in the category of lawyer to legislator also explained the problems being faced by the lawyers regarding licenses and permissions. He said that in the entire world like Canada, US etc there Bar Council have powers of the licensing and practice permissions of lawyers but in J&K the powers have not been handed over to the Advocates and the transition period is continuing from last more than 30 years. He congratulated Prof Bhim Singh for having taken up the matter with the Supreme Court of India and hailed him for fighting for the rights of the State lawyers.
Mr Sheikh Shakeel Ahmed, another prominent Advocate also spoke at the seminar and highlighted the achievements of Prof Bhim Singh. He explained the history of Prof Bhim Singh’s struggle and hailed him for his tireless efforts for people of the state, the detainees or other down trodden masses.
He said that Prof Singh is a global citizen, he is sometimes in Iraq, some times in London, sometimes in Palestine etc. He also said that Prof Singh had very cordial relations with world leaders like Yassar Arafat and Saddam Hussain and had offered to be his lawyer in his trial.
Mr M K Bhardwaj Sr Advocate while expressing his views told the audience of lawyers and intelligentsia at the seminar that he when joined practice of law and at that time there Pleader and Vakil and Advocate and therefore the lawyers were not at par with the lawyers of rest of country as the Advocates Act was not extended to State of J&K. He explained the difficulties faced by the advocates and said that he along with Mr Ashok Sharma and some others made a committee to ensure formation of Bar Council in J&K but till date the statutory Bar Council was not formed in State and till date the powers are with the High Court which had to be be in transitory phase. He hailed the efforts of Prof Bhim Singh in this regard and the result which he got from the Supreme Court. He said that all lawyers are eagerly waiting for the State Bar Council to be elected and power to be transferred from High Court to its legitimate owners- the Advocates of the State.
Mrs Surinder Kour, Sr Advocate also spoke on the occasion and shared her vast experience and explained that when she was the Vice President she has attended a conference of the Bar Councils of the States, but unfortunately since there was no Bar Council in J&K , she as a Vice President of Bar Association had to go and it was stage to learn while the entire country had its Bar Council the J&K State was deprived of the legal right to have its Bar Council. Now with the efforts of Prof Singh she said that the time has come when soon and elected Bar Council will be formed. She congratulated Prof Singh for the same and also JOURNEY LINE and Mr A K Sawhney for organising the seminar on such an important issue.
Mr Daljeet Singh Saini Advocate, ex President of J&K HCBA while speaking congratulated Prof Bhim Singh and his team of lawyers who fought for the rights of the Advocates in the Supreme Court and obtained orders for elections of the J&K Bar Council. He hailed the decision of the Supreme Court and said that early elections must take place to the first Bar Council and it will be turning point in the history of J&K. He congratulated Mr Sawhney for his initiate for holding such a seminar and felicitation function.
Mr B S Slathia, Sr Advocate and former Bar President while expressing his views hailed Prof Bhim Singh and made the audience aware of the mettle of Prof Singh. He said that from last more than three decades the Advocates were deprived of the statutory Bar Council and all powers were concentrated with the High Court and it was difficult for the people to get licenses get certificates etc he also explained that how painful and humiliating it was for the Advocates to attend disciplinary proceedings before the Committee whiles the committee ought to have ben of lawyers and not Judges under Bar Council Rules, just because there were no elections so the statutory Bar Council was not in place. He also indicated that there were certain people who did not want the Bar Council to be constituted in J&K and were floating misgivings and misinformations about the Council. He said that the Advocates have their legitimate right in their Council and all powers under the Statue and Rules will be exercised by the Bar Council of J&K. He sad that this day will be remembered as a day of liberation when the lawyers of J&K will get their statutory rights.
He exhorted upon Prof Bhim Singh to continue his fight as he was a true revolutionary. Whatever political or ideological differences one has still Prof Singh has stood for the righteous, he said. He also congratulated Mr A K Sawhney Advocate Chief Patron of JOURNEY LINE from taking the initiative for organising the seminar on this issue.
Mr D C Raina, Sr Advocate and former Advocate General while speaking on the occasion hailed Prof Bhim Singh for his efforts in the formation of J&K Bar Council and explained to the lawyers the purpose of practice of law and the nobility of the profession. He said that the flap behind the robes is a pocket in which the client would put the fee without the knowledge of the counsel. He also said that is a historical day when the J&K Bar Council is going to be formed and the lawyers will get their legitimate due which is provided to them under the Advocates Act and Bar Council Rules. He said it was much overdue now and we must all strive to have free and fair elections to the Council. He also hailed the seminar organised by Mr A K Sawhney on behalf of JOURNEY LINE and appreciated it as a healthy trend. He said that the profession of law is one of noblest professions and when ever an Advocate is addressed he is addressed as “Learned”, therefore we must all strive to uplift the glory of the Bar and the institution.
Mr A K Sawhney Advocate, former Bar President under whose patronage JOURNEY LINE had organised the seminar, also congratulated Prof Bhim Singh for his landmark achievement for getting directions from the Supreme Court for formation of Bar Council of J&K. He thanked Prof Singh, Mr V R Wazir, Mr M K Bhardwaj, Mr S S Ahmed, Mr Murtaza Khan, Mrs Surinder Kour, Mrs Monika Kohli, Mr B S Slathia, Mr D S Saini and other young lawyers for having come and gracing the occasion. He explained that he like many of others had a very humble beginning and for a short stint served Judiciary as Munsiff Samba.
He said that when he joined there were Pleaders, Vakils and Advocates and each had its own area of practice therefore it was very difficult to get a license of practice law. He said that Justice T.S.Thakur retd Chief Justice of India too had risen from this Bar and amongst them and was one of best lawyers of his time. He was busy and meticulous and he was well versed with the problems of lawyers of J&K and he knew very well that J&K did not have its own elected Bar Council, therefore passed directions but due to wrangles of the Govt and elections that first Bar Council elections could not take place in his tenure.
Prakash.He said still well begun is half done.
Mr Sawhney also highlighted his struggle for formation of Bar Council and said that in 1976 the seniors of that time Late Mr R P Sethi ( SCJudge retd), Late Suraj Prakash, Late J L Sehgal etc had filed a writ petition and made efforts seeking extension of Advocates Act 1961 to State of J&K and finally the Act was extended to J&K State. He said that the transit period for elections was there and till then the High Court had to take care in the period and conduct the election, but that transit period didn't end from last 3 decades. He said that for Bar Council’s elections there were protests , darn etc and one I sat on dharna alone for 72 hours and ultimately the Bar took up the issue and the then Chief Justice of J&K Late S S Kang agreed and prepared the Rules but these were not acted upon and approved by the Bar Council of India. He said that on delay he filed writ petition in the High Court for the same. Since nothing concrete was happening in the High Court in this writ petition and others filed by others, so then in 2013 Prof Bhim Singh filed a writ petition in the Supreme Court of India and attended all dates with his team while making the efforts.
Finally it was the bench of the Supreme court presided by son of the Soil Justice T S Thakur- then CJI who issued directions and finally the new CJI Justice J S Kehar’s Bench has directed the process be completed within 4 weeks. He said that after efforts of more than 4 decades finally the elections would take place and Council will be statutory Body and comprise of only Advocates and it will be 20 member today and this election will unite all lawyers of the state. This would neither be Jammu vs Kashmir nor based on political or regional air religious considerations. He said that the funds committee, disciplinary committee powers all will be transferred to lawyers and no lawyer will be humiliated and called in person in the disciplinary committee and only professional misconduct of serious nature will be looked into. He said as on date many lawyers are being dragged in frivolous complaints before the Disciplinary Committee and are not been disposed/ disposed and once the committee of Bar Council takes charge such frivolous complaints will be disposed and no lawyer will be harassed or humiliated on the name of fee or at the hands of unscrupulous litigants. He said welfare funds which are in control of the High Court shall also be transferred to elected Bar Council and the benefits to lawyers shall reach at home.
He also requested to the High Court to conduct the elections at the earliest so that the powers of the lawyers for the lawyers and by the lawyers reach to the lawyers. He thanked all the stake holders and said that the elections will be amongst the lawyers and no issues besides these would be permitted to crop in as is being given to understand. He said lawyers have their own professional problems and all are united in this cause whether they are lawyers of Jammu division or Kashmir Division or Ladakh. It will be a festival of democracy, he said.
Finally Prof Bhim Singh, Sr Advocate and Chief Guest of the function accepted the felicitation with all humility and thanked the organisers Mr A K Sawhney, Chief Patron and Mr Amit Sawhney, Editor of Daily JOURNEY LINE
He described his history right from his teen years of student leadership as to when was put to Jail. He said that it was sheer by chance he became a lawyer as he was jailed as a student leader and was presented in the Court of Justice Murtaza Fazal Ali who asked him what do you want to become ? To which he replied an Engineer. The Judge said no, “you become a lawyer” and plead for the rights of people and this is how his life took a turn.
He also informed the audience of his thrilling experience of around the world on a motorcycle. He said that he has been around the world on a motor bike in which his three mother bikes bike his body got damaged, his ribs broke but it was sheer luck that he reach back alive, he said. Then began his struggle as a lawyer as a Barrister and as a political activist. He said that he contested elections of the Assembly and became an MLA was not permitted to go to Srinagar to attend Assembly Session of the Assembly and was detained. He said his wife who too was a lawyer filed a writ petition in the Supreme Court of India and finally the Judgment where compensation was awarded to him happened i.e. Prof Bhim Singh Vs State of J&K.
He said that in his life he has been consistently making efforts on issues which he felt were pro- masses. He said that 95% of the cases he does pro bono and only in 5% cases he gets fee. He said that cases of the detentes, cases of those killed in custody etc have been taken up by him in the Supreme Court. People languishing in jails without trails etc have got freedom after he filed petitions.
He appreciated the efforts of JOURNEY LINE and Mr A K Sawhney Advocate and said that till he is alive he would untiringly make efforts for the people. He said that he believed in secularism and cultural ethos and therefore fights for the rights of people who suffer at the hands of authorities.
He appreciated the seminar and said that more seminars must be organised so that the intellectual cream of lawyers can come out with its thoughts, ideas and views and whenever Bar Council of J&K will be discussed this thought provoking seminar organised on the subject will be discussed.
|