Jammu and Kashmir bar body restricted from conducting elections

Jammu and Kashmir High Court Bar Association restricted from holding fresh elections under section 144 criminal procedure code (CrPC), citing its alleged “secessionist ideology”

The government authorities have again imposed restrictions on conduct of elections for Jammu and Kashmir High Court Bar Association in Srinagar under section 144 criminal procedure code (CrPC), citing its alleged “secessionist ideology”.

Srinagar DM has imposed restrictions on conduct of elections for Jammu and Kashmir High Court Bar Association. (HT File)

Srinagar district magistrate (DM) Bilal Mohiuddin Bhat said the restrictions were being imposed as the association failed to clarify why its constitution called “Kashmir an issue to be settled”, neither did the body produce any certificate of registration.

“Whereas, Jammu and Kashmir High Court Bar Association Srinagar till date has failed to provide any response with respect to above points and its constitution being antithetical to sovereignty and integrity of the country,” the order said.

The Bar, which has been seeking “peaceful resolution of Kashmir issue”, had to postpone its elections in 2020 when the government had raised objections to the body’s stand. In July 2023, the government authorities had officially imposed the restrictions for the first time on the conduct of Bar elections.

The order came after the Bar Association Srinagar issued a notification on June 11 for the conduct of its elections by June 31.

“I am satisfied that there is an emergent situation which can lead to breach of peace and disruption of public order if Jammu and Kashmir High Court Bar Association Srinagar proceeds forward with the scheduled elections. No gathering of four or any more persons shall be allowed in the premises of District Court Complex, Moominabad, Batmaloo or at any place for the purpose of elections till further orders,” the DM’s order added, while urging the senior superintendent of police to ensure its implementation in letter and spirit.

The DM said they received a communication from Kashmir Advocates Association wherein they had raised various concerns with respect to legality and authenticity of the bar body, citing various reasons as “propagating secessionist ideology and being an unregistered association/body”.

The order also quoted an SSP report stating that the bar body was advocating for “peaceful settlement of Kashmir issue and has secessionist ideology and a record of intimidating members of the legal fraternity and others who adhere to the ideology of its members, and are providing free legal aid to anti-national elements.”

The report further stated that there was apprehension breach of peace and law and order situation between members of Kashmir Advocates Association and the bar body if the aforesaid elections are allowed to be conducted.

“The bar body was asked to explain its position on the subject, since the above stand is not in congruence with the constitution of India, whereby Jammu and Kashmir is an integral part of the country and not a dispute, and also it is in conflict with Advocates Act, 1961 which governs the subject vis-å-vis administrative and legal points,” the order said.

The bar has maintained that their stand was two decades old and in conformity with the Constitution of India which was also the stand taken by the body before the Supreme Court in proceedings relating to abrogation of the Articles 370 and 35-A.

Police to quiz ex-prez in advocate’s murder case

Former Jammu and Kashmir High Court Bar Association president Mian Qayoom, who was on Tuesday arrested in connection with the 2020 killing of advocate Babar Qadri, was on Wednesday sent to police custody till July 1 by a special court in Jammu.

The officials said the police requested the court to be granted a 15-day remand to question Qayoom. They said that the judge granted remand till July 1 with directions to present him before a designated National Investigation Agency (NIA) judge, who is currently undergoing training, on Monday.

The court had ordered for in-camera proceedings as Qayoom appeared before the special court.

Babar Qadri, a critic of Qayoom, was gunned down outside his house in the Old City in 2020.