This observation came after a person, claiming to represent certain litigants, appeared in court with her face covered and refused to remove it when asked by the Court. In response, the Court requested a report from the Registrar General on whether the rules allow female advocates to appear with their faces covered.
Jammu and Kashmir: The High Court of Jammu and Kashmir and Ladakh recently remarked that the Bar Council of India (BCI) guidelines do not permit women advocates to appear in court with their faces covered.
This observation came after a person, claiming to represent certain litigants, appeared in court with her face covered and refused to remove it when asked by the Court. In response, the Court requested a report from the Registrar General on whether the rules allow female advocates to appear with their faces covered.
After reviewing the report, Justice Moksha Khajuria Kazmi, on December 13, noted that the BCI rules do not mention any provision allowing face coverings for women advocates.
Referring to the rules under Section 49(1)(gg) of Chapter IV (Part VI) of the BCI Rules, which outline the dress code for female advocates, the Court observed, “It is nowhere stated in the rules that any such attire is permissible for appearing before this Court.”
However, the Court did not delve further into the matter after the person in question chose not to appear again.
On November 27, a person identified herself as Advocate Syed Ainain Qadri and claimed to represent the petitioners in a plea to quash a domestic violence case. This case, CRM(M) 704/2024, involved petitioners Mohammad Yasin Khan and others, with the respondent being Nazia Iqbal.
She appeared before the Court with her face covered, though she was wearing the standard advocate’s attire. When the Court asked her to remove her face covering, she argued that it was her fundamental right to do so and that the Court had no authority to request its removal.
Because the Court could not confirm her identity, Justice Rahul Bharti, in an order on November 27, decided not to allow her to represent the petitioners.
“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 a professional,”
the order stated.
The case was adjourned, and the Court asked the Registrar General to verify whether any rule allowed female advocates to appear with their face covered or to refuse the Court’s request to remove it. The Registrar General submitted his report on December 5.
Later, another lawyer took over the representation of the petitioners, and the case was reserved for judgment on December 6. The petition was ultimately dismissed on December 13, as the Court found an alternative remedy available.
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