J&K High Court Disciplinary Committee Upholds Maintainability Of Complaint Against Ex-Bar Association President Mian Qayoom, Others

The Disciplinary Committee of the Jammu and Kashmir and Ladakh High Court, comprising Justices Rajnesh Oswal, Sanjay Dhar, and Rahul Bharti, has upheld the maintainability of a complaint against three prominent advocates—former Bar Association President Mian Abdul Qayoom, Nazir Ahmad Ronga, and Ghulam Nabi Thoker alias Shaheen. this Disciplinary committee constituted by the High Court of Jammu & Kashmir and Ladakh acting, through its Full Court decision, in its vested authority and Jurisdiction under the Act of 1961, cannot self erase its own status on the asking of the respondents in the context of their objection in out figure this regard for which the respondents are to an appropriate legal remedy, if any, at their disposal which surely is not and cannot be before this Disciplinary Committee”. Furthermore, he highlighted past judgments, including the case of Altaf Haqqani vs. State of J&K, to support the contention that the High Court, acting as the State Bar Council, could initiate disciplinary proceedings against advocates. In addressing the issue as to whether the Disciplinary Committee had the authority to deal with and hear the complaint the Committee observed that in the absence of a State Bar Council in Jammu and Kashmir, the High Court, through its Full Court, had the authority to act as the State Bar Council under the Advocates Act.