SRINAGAR: The High Court of Jammu & Kashmir and Ladakh has clarified that the rules prescribed by the Bar Council of India (BCI) do not allow women advocates to appear in courtrooms with their faces covered. The observation followed an incident involving a woman claiming to be an advocate, who appeared in court with her face covered and refused to comply with a judicial request to remove the covering.
On November 27, a person identifying herself as Advocate Syed Ainain Qadri appeared before Justice Rahul Bharti, representing petitioners in a plea to quash a domestic violence case. While wearing an advocate’s attire, her face remained covered. When the Court requested her to remove the covering to confirm her identity, she declined, arguing that it was her fundamental right to appear with her face covered.
Justice Bharti declined to recognize her appearance, stating, “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 Court then sought clarification from the Registrar General regarding the rules governing advocates’ attire.
As reported by Bar and Bench, the Registrar General submitted a report on December 5, confirming that the BCI rules under Section 49(1)(gg) of Chapter IV (Part VI) do not provide for advocates to appear with their faces covered. On December 13, Justice Moksha Khajuria Kazmi referred to the rules, observing, “It is nowhere stated in the rules that any such attire is permissible for appearing before this Court.”
The Court did not examine the issue further, as the individual did not appear for subsequent hearings. The case was later argued by another lawyer and dismissed on December 13 on the grounds that the petitioners had an alternative remedy available.
Who is Adv Syed Ainain Qadri?
Advocate Syed Ainain Qadri is a legal professional associated with cases in the Jammu & Kashmir High Court. In 2021, she appeared as a petitioner in the Srinagar Bench of the High Court, seeking directions for the University of Kashmir to conduct online examinations for law students during the COVID-19 pandemic. Representing herself and other students, she argued that offline examinations posed significant challenges due to health risks and the geographical difficulties faced by students from remote areas of Kashmir.
Recently, Advocate Qadri was in the spotlight again when she appeared as counsel for petitioners in a separate case involving a domestic violence plea. During this appearance, she drew attention by insisting on wearing a face cover in court, a stance that led to a judicial inquiry into whether Bar Council of India rules permit such attire. The High Court ultimately observed that the rules do not provide for face coverings in courtrooms, marking another chapter in her engagement with legal and professional issues.
The incident raises important questions about balancing personal religious practices and professional obligations. The Court’s observation underscores the need for clarity and adherence to prescribed norms while navigating such sensitive issues.
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The Chenab Times News Desk
