In a recent judicial observation, the High Court of Jammu and Kashmir and Ladakh has stated that the dress code for women advocates as prescribed by the Bar Council of India (BCI) does not permit face coverings in court. This ruling came into focus following an incident involving a lawyer who appeared in court with her face covered and refused to remove it upon the court’s request.
The situation arose on November 27 when a lawyer identifying herself as Advocate Syed Ainain Qadri appeared before Justice Rahul Bharti to represent petitioners in a domestic violence case quash plea. Qadri, clad in traditional advocate attire but with her face covered, claimed it was her fundamental right to maintain the covering, a stance the court challenged.
Justice Bharti, unable to verify Qadri’s identity as both a person and a professional due to the face covering, did not allow her to proceed as counsel that day. This led the court to seek a clarification from the Registrar General on the BCI’s rules concerning the matter.
After a detailed review, Justice Moksha Khajuria Kazmi, referencing the BCI’s rules under Section 49(1)(gg) of Chapter IV (Part VI), clarified on December 13 that there is no provision within the BCI rules that allows for face coverings while appearing before the court. The court emphasized that the rules explicitly detail the permitted dress code, which does not include face coverings.
The case, which continued without Qadri’s further participation, saw another lawyer step in to represent the petitioners. After hearing the arguments, Justice Kazmi reserved the case for judgment on December 6, eventually dismissing the petition on December 13 due to the availability of an alternative remedy.
This clarification by the High Court aims to maintain the integrity of courtroom proceedings and ensures that the professional identity of all advocates is verifiable, aligning with the formal standards set by the Bar Council of India.
