Judgment · High Court · 2005
Case at a glance
Provisions considered
Key paragraphs
- Para 1111. - To direct tlie respondents to establish the State Bar Council of Sikkim,, under the Bar Council of India Rules. Ill. To award the cost of the litigation to the petitioner. IV. To pass such other orders guidelines and directions, as this Hon'ble Court…
Judgment
learned counsel for and on behalf of her senior coiinsel, Mr. A.K. Upadhyaya for the petitioner, Mr. J.B. Pradhan, learned Govt. Advocate for the State respondent, Mr. Karma Thjnlay, learned Central Govt. standing counsel for respondent No.I, Union of Irldia and Mrs. Anita Lepcha, learned counsel for respondent No.2 Bar Council of India and M. I).R. Thapa, the Gelieral Secretary of the Bar Association of Sikkim at some length, rye are of the view that this matter can be disposed of at this stage considering the nature of the case. Accordingly, the case is hereby disposed of with the following short order:-This writ petition in the fom of PIL was_filed by one Pandit Pamanand Katara, a +i.nghtS_\ lawyer practicing in the Hon'ble Supreme Court of lndia, for the following reliefs:-A a,\quy Order with Signature Office Note as to action (if any) taken on Order To declare and direct the extension of the applicability of The Advocates AGf3' f in the State of Sikkim.
- To direct tlie respondents to establish the State Bar Council of Sikkim,, under the Bar Council of India Rules. Ill. To award the cost of the litigation to the petitioner. IV. To pass such other orders guidelines and directions, as this Hon'ble Court may deem fit and proper, 'in the cii.cumstances of this PiLblic interest petition. During the pendency of this case, the Ministry of Law, Justice & Co. Affairs, Department of Legal Affairs was pleased to enforce the provisions of Advocates Act,1961 (Act No.25 of ]961) except Section 30 in the State of Sikkim w.e.f. I-4-2005 vidBNotiflcation dated 17-3-2005 as seen in ¢he document marked as Annexure-A to the Affi!davit- ^/ in-opposition of Respondent No.6. It she"s that i`:, . _,Jl © Off ice Note as to action (if any) taken on Order Order with Signature No.1 relief had been afforded by the authority thus extending the Advocates Act, 1961 in the State of Sikkim.
So far, the stand of the Bar Association of Sikkim, the respondent No.5 at this juncture, estal}lishment of separate State Bar Council for the State of Sikkim at Gangtok is not necessary as the State of Sikkim has been included in the Bar Coapcil of Assam, Nagaland, Meghalaya, Manipur, Mizoram, Tripula and Arunachal PradQsh which is common Bar Council of eight Noah Eastern States vide, Ministry of Home Affairs Noticication dated 15-2-2000 (Annexure- C to the. Affidavit-in-opposition of respondent No.6). According to us, at this stage the Bar Association of Sikkim is satisfied with the related decision of the Ministry of Home Affairs vide, Notification dated 15-2-2000 as mentioned above. Considering the existing facts and circumstances of the case, we ale of the view that most of the reliefs sought for in this writ petition Order with Signature Office No`re as to ag!!on-(if any) - taken ``n C)rder (PIL) have been afforded by the authority concerned. ,However, it is made clear that liberty is also ,gi, van to the Bar Association of Sikkim to move ,for estabhshment of separate Bar Council at the right and appropriate time if so adviced and likewise, the Bar Council of India, the respondent No.2 shall consider the case for establishment of separate Bar Council of Sikkim at the right and appropriate time if so edviced.
It is needless to give further directiffl' to the Bar Council of 8 North Eastern States to make necessary arrangements for opening an office premises of the Bar Courfeil at Gangtok for the convenience of all concerited. Accordingly, wetlo ¢o. For the reasons, Observations and directions made above,. this writ petition is disposed of but, no order as to costs. ` --ani Singh) Chief Ius ce(Acti, qg)
Questions this judgment answers
Which statutory provisions did this judgment involve?
Advocates Act, 1961.
Which court decided this case, and when?
Sikkim High Court, on 29 Aug 2005.
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