The High Court of Jammu and Kashmir and Ladakh has firmly ruled that women advocates are not permitted to appear before the court with their faces covered, referencing explicit provisions in the Bar Council of India (BCI) rules.
These observations, made during proceedings before Justice Moksha Khajuria Kazmi and Justice Rahul Bharti, highlighted that the Bar Council of India (BCI) rules governing the dress code for advocates do not allow such attire. The court emphasized the need to uphold courtroom decorum and ensure professional identification.
The issue arose when a woman, identifying herself as an advocate, appeared before the court with her face covered. When asked to remove the cover for identification purposes, she argued that it was her fundamental right to appear in such attire. In response, the court directed the Registrar General of the High Court to verify the legal and rule position concerning the dress code for advocates.
Upon receiving the report, the court examined the legal framework outlined in the BCI rules, specifically Chapter IV (Part VI), which sets forth the dress code for advocates appearing before courts.
The court observed that under these provisions, women advocates are permitted to wear black full-sleeve jackets or blouses, white bands, sarees, or other modest traditional attire, along with a black coat. However, the court pointed out that the prescribed courtroom attire does not include or permit face coverings.
“It is nowhere stated in the rules that any such attire (face cover) is permissible for appearing before this court.”, Justice Kazmi remarked.
“This court has no basis/occasion to confirm her actual identity both as a person and as a professional.”
The court further warned the petitioners that their case could be dismissed for non-prosecution if proper representation was not ensured.
Case Titled: Mohammad Yasin Khan Vs Nazia Iqbal
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