New Delhi: The Jammu & Kashmir and Ladakh High Court has held that women advocates cannot appear before the court with their face covered. Justice Moksha Khajuria Kazmi cited provisions under the Bar Council of India (BCI) while making the observations in the order dated December 13.
The order is related to an incident on November 27 when a woman identifying herself as an advocate named Syed Ainain Qadri refused to remove her veil when Justice Rahul Bharti, who was hearing the case then, asked her to do so. The woman claimed it was her right to appear with face covered, adding the court can’t force her to remove the veil.
Following this, Justice Bharti did not entertain her appearance as counsel saying the court was unable to confirm her identity. The bench also warned the petitioners the woman purportedly represented that their case could be dismissed if proper representation was not ensured.
The court then proceeded to adjourn the case to another date and sought a report from the Registrar General on the rules of dress code for lady advocates. The Registrar submitted the report on December 5.
After examining the Registrar’s report, the court held that the rules prescribed by the Bar Council of India do not mention any such right.
However, the court did not go further into the matter as the lawyer chose not to appear again. Later, another lawyer stepped in to represent the petitioners, whom Justice Kazmi heard before reserving the case for judgment on December 6.
The petition was dismissed on December 13 after the court found there was an alternative remedy available.