The legal framework of Jammu and Kashmir is once again under scrutiny as the Supreme Court of India engages directly with key issues affecting lawyers and political figures within the region. On January 31, 2025, the Supreme Court sought responses from the Central government, the Bar Council of India (BCI), and others concerning the establishment of a bar council for the union territory.
A bench comprised of Justices Vikram Nath and Sandeep Mehta acknowledged submissions made by Advocate Javid Shaikh, who represented the Kashmir Advocates Association. Notably, the absence of a bar council means lawyers currently rely on the Jammu and Kashmir High Court Bar Association for membership and regulatory practices. Shaikh emphasized the need for the establishment of this council to facilitate smoother legal practice and regulation within Jammu and Kashmir.
The lawyer also highlighted the pressing necessity of government-issued welfare stamps for pleadings, traditionally managed by bar councils. He argued, "Your lordships are aware of the welfare tickets. The welfare tickets are to be published by the government at the request of the bar council. The functions of the bar council are right now being performed by the high court." His appeal for interim relief in this matter sparked discussion among the Justices, yet they concluded they could not yet pass such orders.
Justice Nath intervened, expressing, "Whatever system is there so far will continue. Is the High Court a party? Let the notice go, and let them come." Consequently, the case has been rescheduled for hearing after four weeks, allowing both sides to prepare their arguments and engage with the concerns raised.
Concurrently, political tensions are also rising, exemplified by the situation of Sheikh Abdul Rashid, commonly known as Engineer Rashid, who has been imprisoned since 2019 on charges under the Unlawful Activities (Prevention) Act relating to alleged terror funding. On the same day, Rashid announced he would begin an indefinite hunger strike from Tihar Jail, citing alleged mistreatment.
Rashid’s party, the Awami Ittehad Party (AIP), is rallying support by organizing solidarity protests. Party leaders plan to stage their hunger strike at Pratap Park in Srinagar to protest the treatment of their leader and raise awareness about his pending bail plea. Key figures from the AIP are expected to join the demonstration, amplifying calls for Rashid's immediate release.
Since 2017, Engineer Rashid has faced significant legal battles following his involvement with the National Investigation Agency (NIA), which initiated investigations related to the terror-funding case. His political presence has been notable; Rashid previously won the Baramulla constituency as an independent candidate, defeating prominent political figures such as former Chief Minister Omar Abdullah during the 2024 Lok Sabha elections.
The political ramifications of Rashid’s incarceration and his hunger strike are significant as they bring to light not only his individual struggles for justice but also broader questions about political freedom and law enforcement practices within Jammu and Kashmir.
According to legal experts, the precedent for filing motions related to the establishment of bar councils indicates growing concern among legal professionals about their operational legitimacy and the standards of legal practice without formal regulatory bodies. The current legal proceedings echo historical tensions within the region, where issues of governance and local representation remain pivotal.
The Supreme Court’s willingness to hear the pleas surrounding the bar council is seen as a positive step toward addressing concerns raised by practitioners and advocates. The call for legal reform is clear, and whether the establishment of the bar council will yield substantive changes remains to be seen.
For Engineer Rashid, the outcome of his hunger strike may signal either the persistence of political and legal repression or the igniting of renewed activism from his proponents and constituents. The dual narratives of legal reform and political protest are intertwined, characterizing the dynamic and often volatile state of affairs within Jammu and Kashmir.
Through these events, the importance of judicial responses to regional legal and political challenges becomes increasingly evident. The forthcoming court sessions and public demonstrations will likely shape the discourse on human rights and legal representation within the union territory.