To become prosecutor in the J&K policeman’s physique must compulsory for advocates irrespective of experience or talent – SC

To become prosecutor in the J&K policeman’s physique must compulsory
for advocates irrespective of experience or talent – SC

Jammu and Kashmir government insists that a lawyer, advocate must
have a policeman's physique a minimum height of 5 feet 6 inches, a chest width of 32.5 inches which when expanded must measure 33.5 inches if he wants to be a prosecutor in the J&K Police.


The advertisements for recruitment of prosecutor by J&K government had specified the physical standards, as applicable for the police force, and then stated the requirement of a law degree from a recognized university and a minimum experience of two years in handling litigation.

Because of the physical standards requirement 25 lawyers got rejected.
they did not possess the required physique.

then lawyers moved J&K High Court seeking relaxation of the physical conditions prescribed for the post of prosecutor.

A single judge Bench of the HC observed that a prosecuting officer has to appear in the court and required to exhibit mental ability rather than physical strength.
Therefore, the physical qualifications cannot stand in the way of otherwise eligible candidates.

The J&K High Court judge said that Neither the height nor the chest or chest expansion, being physical qualifications, could be the reason for rejecting the applications

Then J&K government moved challenged this judgment before a division Bench of the High court.

High court bench said that "The single judge has not committed any error in concluding that prescription of physical qualification in regard to width of chest or with regard to height has no nexus with the object and therefore, no case of interference is made out."

Then J&K government appealed to Supreme Court.

the Supreme Court allowed the J&K government's appeal and set aside the concurrent
findings of the high court.
A Bench of Justices Mukundakam Sharma and Anil R Dave said when the aspiring prosecutors had not challenged the physical requirement and only sought relaxation thereof; the HC had erred in setting aside the conditions.

Justice Mukundakam Sharma wrote in his judgment that "The stipulations in the advertisement regarding standard of physical condition was also not challenged in the writ petition. The high court was not justified in going into the validity of the aforesaid criterion in absence of any such challenge.

Thus Supreme Court agreed with the J and K government setting aside concurrent rulings of the J&K High Court, which said that legal practice had no co-relation with physique.

So currently if you got the body of police man only then you can become prosecutor in the J&K police.

I am sure the lawyers will challenge this decision again in right approach.
And height and chest requirement will be removed and will be declared not valid.

Reality Views by sm –
Sunday, April 10, 2011

Keywords Tags – Advocated Police mans physique must compulsory body builder lawyer for J and K