The Jammu and Kashmir and Ladakh High Court refused to listen to a woman lawyer wearing a hijab. The woman lawyer had covered her face.
When the judge asked the woman lawyer to show her face, the woman lawyer refused to show her face. The judge said that no woman lawyer can argue in court by covering her face.
Justice Moksh Khajuria Kazmi and Justice Rahul Bharti, citing the rules of the Bar Council of India (BCI), said that women lawyers are not allowed to appear in court by covering their faces. After this, the division bench refused to listen to the woman lawyer and gave the next date in this case.
Actually, this case is of 27 November. On that day, the hearing of the domestic violence case related to ‘Mohammad Yasin Khan vs Nazia Iqbal’ was going on. During this time a woman appeared in the High Court. She introduced herself as a lawyer named Syed Ainain Qadri and told the court that she was appearing on behalf of the petitioners in the petition related to the cancellation of the case.
She came to the court in the lawyer’s dress, but she had covered her face. At that time, Justice Rahul Bharti was hearing the case. When Judge Rahul Bharti requested the woman lawyer to show her face, she refused. The woman lawyer insisted that it is her fundamental right to come with her face covered. Therefore, the court cannot ask her to remove the veil.
After this, Judge Rahul Bharti said in his order of November 27, “This court does not consider the presence of the woman who introduced herself as Advocate Ms. Syed Ainain Qadri as the lawyer of the petitioners, as the court has no basis/opportunity to confirm her real identity as a person and a professional.” The court adjourned the case till December 5.
The court then asked the Registrar General of the court whether there is any rule that gives women advocates the right to appear with their faces covered or to refuse the court’s request to not cover their faces. The Registrar General then submitted his report on December 5.
After examining the Registrar General’s report, Justice Moksh Khajuria Kazmi on December 13 said that no such right is mentioned in the rules prescribed by the Bar Council of India (BCI). Section 49(1)(gg) of Chapter IV (Part VI) of the BCI Rules details the dress code for women advocates.
The Jammu and Kashmir and Ladakh High Court found that these provisions of the BCI allow women advocates to wear black full-sleeved jacket or blouse, white band, sari or other modest traditional dress as well as black coat. However, the court pointed out that the prescribed court dress does not include or permit covering the face.
The court then said, “Nowhere in the rules is it stated that any such attire (covering the face) is acceptable for appearing before this court.” However, later another lawyer came forward to represent the petitioners. Justice Kazmi later reserved the judgment in the case on December 6 and dismissed it on December 13.