Rules prescribed by Bar Council of India (BCI) do not allow such attire, Court says.
The High Court of Jammu and Kashmir and Ladakh has clarified that women lawyers cannot appear before courts with their faces covered, citing Bar Council of India (BCI) rules. The observation came after a person, identifying as an advocate, appeared before the Court wearing a face covering and declined a request to remove it.
Justice Moksha Khajuria Kazmi, while examining the issue, stated on December 13:
“It is nowhere stated in the rules that any such attire is permissible for appearing before this Court.”
The matter arose on November 27 when a person identifying as Advocate Syed Ainain Qadri appeared before Justice Rahul Bharti to argue a petition to quash a domestic violence case. Although she wore the prescribed advocate’s attire, her face was covered. When the Court requested her to remove the cover for identification, she declined, asserting it was her fundamental right.
The Court refused to recognize her appearance as counsel, citing the inability to verify her identity. Justice Bharti remarked:
“This court does not entertain the appearance of the person identifying herself to be Advocate Ms. Syed Ainain Qadri as counsel for the petitioners as this Court has no basis/occasion to confirm her actual identity both as a person as well as professional.”
The Court subsequently sought a report from the Registrar General to determine if the BCI rules allowed such attire. Referring to Section 49(1)(gg) of Chapter IV (Part VI) of the BCI Rules, Justice Kazmi observed:
“It is nowhere stated in the rules that any such attire is permissible for appearing before this Court.”
The person in question did not appear again, and another lawyer represented the petitioners in subsequent hearings. The case was dismissed on December 13, with the Court noting the availability of an alternative remedy.
Case: Mohammad Yasin Khan and ors vs Nazia Iqbal – Available on LAWFYI.IO
