Abdul Aziz and Another v.

Noor Consultancy & Others

1. Abdul Aziz and Yusuf Aziz are two brothers from Begusarai, Bihar. Due to the lack of
employment opportunities and widespread poverty around them, they left for Delhi in
February 1993 where they worked in a vehicle repair shop as mechanics for three years.

2. In April 1996 they changed their vocation to carpentry and worked in a carpentry shop
in Karnal, Haryana for a couple of years. In September 1998 they landed in Sopore in
the state of Jammu & Kashmir on the reference of their former employer in Karnal and
started working in a timber mill there.

3. Though Abdul Aziz and Yusuf Aziz were devout Muslims they struggled to obtain
decent accommodation in Sopore. Due to the benevolent nature of the Imam of the local
mosque they used to attend on every Friday, they managed to stay in a dilapidated
outhouse of an apple farm five kilometres away from their workplace. They paid rent
of INR 1500 to Shoukat Rahman, the owner of the apple farm, who increased the rent
by 10% every eleven months.

4. During the employment in Sopore, both Abul Aziz and Yusuf Aziz regularly sent
money to their parents back in Begusarai through postal money orders and
communicated otherwise through letters. In July 2011 their father Hamid Aziz was
bedridden after a stroke but the brothers were unable to attend to him and sent money
for his treatment to their mother Ayesha Aziz.

5. During their stay in Sopore, the brothers became friendly with Hamida Bhat and Fatima
Bhat respectively, the daughters of a co-worker Rashid Bhat. Rashid Bhat was unaware
of the growing relationship between the brothers and his daughters as he did not have
a mobile phone and was accustomed to modes of communication of the previous
generations.

6. On 30th July 2019 the brothers conveyed their intention to marry the daughters of
Rashid Bhat to Hamida Bhat and Fatima Bhat. Though they were initially scared about
the repercussions from their father, they believed that their marriages would be blessed
by all relatives and members of their community in Sopore.

7. In August 2019 the extent of constitutional provisions hitherto applicable to the state of
Jammu & Kashmir was changed without consulting the citizens residing in the state.
Subsequently several leaders from the ruling party addressed gatherings across the
country imploring citizens of other states to make use of the opportunity to settle in
Jammu & Kashmir and marry women from the state.

8. Abdul Aziz and Yusuf Aziz were elated on coming to know the latest developments.
They approached a law firm, Noor Consultancy, in Srinagar which was managed by
Adv. Shoukat Rahim and Adv. Yasser Ali. The firm which was established in 1987
consisted of these two partners and ten associates along with an office staff of fifteen.
The office of Noor Consultancy was located in Ganpathyaar, Srinagar.
9. The brothers met Adv. Shoukat Rahim and Adv. Yasser Ali on several days in the first
week of August and were reassured by the counsels that no legal impediment existed
for their marriage and permanent settlement in Sopore. The brothers accordingly moved
ahead with the marriage plans and got the nikah conducted by the Imam from a mosque
located in Nowpora Kalan on 18th August 2019 in the absence of Rashid Bhat.

10. On the suggestion of his brothers who were livid with the political situation in the state,
Rashid Bhat went to Sopore Police Station and got a First Information Report registered
under section 366 of the Ranbir Penal Code on 20th August 2019. The Sub-Inspector of
the station traced the whereabouts of the two couples at Chinkipora within two days
and arrested them.

11. The brothers were unable to obtain bail for 42 days through a local advocate and were
eventually released on the submission of the Public Prosecutor at the Additional
Sessions Court, Sopore that the police had completed their investigation and no purpose
would be served with them in custody.

12. On 2nd December 2019 both the brothers filed a consumer complaint against Noor
Consultancy and its partners before the Jammu & Kashmir State Consumer Disputes
Redressal Commission claiming damages of Rupees 90 Lakhs. They also filed a
complaint with the Bar Council of Jammu & Kashmir on 3rd December 2019 for
initiating disciplinary action against the partners of Noor Consultancy.

13. The State Commission ordered compensation of Rupees 50 Lakhs with interest at the
rate of 6% per annum from the date of their arrest in favour of Abdul Aziz and Yusuf
Aziz on 17th August 2021. Noor Consultancy and its partners filed an appeal on 15th
September 2021 before the Jammu & Kashmir High Court which allowed the same on
15th January 2024. Being aggrieved, Abdul Aziz and Yusuf Aziz approached the
Supreme Court on 21st March 2024.

14. The Bar Council of Jammu & Kashmir found a prima-facie case against the partners of
Noor Consultancy and ordered suspension of their license for six months on 16th
November 2020. Adv. Shoukat Rahim and Adv. Yasser Ali filed an appeal before the
Bar Council of India which allowed the appeal on 22nd April 2021. Against the order
of the Bar Council of India a writ petition was filed and the same is pending before the
Delhi High Court.

15. The Supreme Court has posted for hearing before a Constitution Bench of five judges
the appeal filed by Abdul Aziz and Yusuf Aziz in July 2024.
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