'Remove the burqa, I will not remove it', a Muslim lawyer clashed with the High Court judge, HC said - will not hear the case, know what the rule says

High Court refused to hear of lawyer wearing hijab: Jammu and Kashmir and Ladakh High Court, citing clear provisions of the Bar Council of India, has clearly stated that a female lawyer cannot appear in court with her face covered.

High Court refused to hear of lawyer wearing hijab: An interesting case came to light from the Jammu-Kashmir and Ladakh High Court, in which a Muslim woman lawyer made headlines by appearing in court wearing a hijab. During this incident, the High Court judge asked the woman's lawyer to remove the veil, but the woman flatly refused. After this, the court refused to hear that case and summoned a report on whether a woman's lawyer could hear a case by covering her face.

The incident dates back to November 27, when a female lawyer named Syed Anan Qadri came to the Jammu and Kashmir High Court to represent the petitioner in a domestic violence case. She was in the court in a lawyer's dress, but her face was completely covered with a hijab. When Justice Rahul Bharti asked her to remove the hijab, the female lawyer presented it as her fundamental right and clearly said that the court could not force her to show her face.

What did the High Court say?

Justice Rahul Bharti objected to the conduct of the woman lawyer and said that in this situation it could not be clear who the woman was and what her identity was. After this, the court refused to hear the case and while adjourning the case, sought a report from the Registrar General whether there is any such provision in the rules of the Bar Council of India (BCI) which gives a woman lawyer the right to appear in court with her face covered.

What does the Bar Council rule say?

In his report, the Registrar General cited the rules of the Bar Council of India and clarified that there is no provision in these rules under which a female lawyer is allowed to appear in court with her face covered. On December 13, Justice Moksha Khajuria Kazmi issued an order on this matter, saying that the rules of the Bar Council of India only state what should be the dress code for women lawyers, but it does not say that a female lawyer can appear in court with her face covered.

Justice Kazmi also clarified in his order that under the rules of the Bar Council of India, any lawyer can appear in court only in a prescribed dress. This means that female lawyers can also appear in court only by following a particular dress code, and under no circumstances with their faces covered. The court also said that if the face of a female lawyer is covered, it creates problems in identifying her and in such a situation her identity cannot be ascertained.

PC:India Daily

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