Aastha Pareek
The Jammu and Kashmir and Ladakh High Court recently clarified that the Bar Council of India (BCI) rules regarding the dress code for women advocates do not allow them to appear before courts with their faces covered.
This observation arose when a person claiming to be a lawyer appeared before the Court wearing a face covering. When requested by the Court to remove it, the individual declined, asserting a fundamental right to wear the covering. This prompted the Court to seek clarification from the Registrar General regarding the BCI rules on the matter.
Justice Moksha Khajuria Kazmi, on December 13, reviewed the Registrar General’s report and concluded that the BCI rules, outlined under Section 49(1)(gg) of Chapter IV (Part VI), do not grant any such allowance. The Court remarked, “It is nowhere stated in the rules that any such attire is permissible for appearing before this Court.”
The incident originated on November 27, when a person identifying herself as Advocate Syed Ainain Qadri appeared before Justice Rahul Bharti in a domestic violence case. Despite wearing the prescribed advocate attire, she refused to remove her face covering, claiming it was her fundamental right provided under the Constitution of India.
Justice Bharti was hearing the case that time, unable to verify her identity, declined to entertain her appearance, stating, “This Court does not entertain the appearance of the person identifying herself as Advocate Ms. Syed Ainain Qadri… as this Court has no basis/occasion to confirm her actual identity both as a person as well as a professional.” The matter was adjourned, and the Registrar General was directed to examine whether any rule permitted such attire in court.
The Registrar General’s report, submitted on December 5, confirmed that the BCI rules do not allow women lawyers to appear with their faces covered. Subsequently, another advocate represented the petitioners in the case, which was reserved for judgment on December 6 and dismissed on December 13. The Court noted that an alternative remedy was available to the petitioners.
However, another advocate from the team represented the case in front of the Court.
This clarification underscores the importance of adhering to prescribed dress codes to maintain the sanctity and decorum of judicial proceedings.
Case Name:- Mohammad Yasin Khan and Ors. v. Nazia Iqbal
Case Number:- CRM(M) No. 704/2024
Bench:- Justice Moksha Khajuria Kazmi,