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Jammu and Kashmir admn disallows High Court bar polls, cites body’s ‘secessionist’ ideology
Mohammad Aijaz Asad, deputy commissioner, Srinagar, who is also district magistrate, Srinagar, imposed the restrictions under Section 144 of CrPC on the conduct of Jammu and Kashmir High Court Bar Association
The J&K government authorities have imposed restrictions on conduct of elections announced by the J&K High Court Bar Association citing the body’s alleged ‘secessionist ideology’ and also apprehension of breach of peace.
Mohammad Aijaz Asad, deputy commissioner, Srinagar, who is also district magistrate, Srinagar, imposed the restrictions under Section 144 of CrPC on the conduct of J&K HCBA.
In an order issued on Saturday, Asad stated that the situation could lead to breach of peace and disruption of public order if J&K HCBA proceeds forward with the scheduled elections.
“Therefore, I, district magistrate, Srinagar, by virtue of the powers vested in me u/s 144 of CrPC direct that no gathering of four or more persons shall be allowed on the premises of District Court Complex, Mominabad, Batamaloo or any other place for the purpose of conduct of HCBA elections till further orders,” he 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.
Quoting a letter by the senior superintendent of police, Srinagar, the district magistrate’s order stated that there was a scuffle between the members of J&K HCBA and another association, Kashmir Advocates Association, on July 13.
“Whereas, the senior superintendent of police, Srinagar, has highlighted that there is every possibility of internal rivalries between the two factions of the lawyers resulting in clashes between them,” the order said.
The order also revealed inputs sought from intelligence agencies which stated that “the J&K HCBA propounds a secessionist ideology and over the past three decades the activities of J&K HCBA as chronicled include organising hartals and bandhs, intimidating members of legal fraternity who do not subscribe to its ideology”.
“The intelligence reports strongly point out that the threat of use of violence and breach of peace and order in the instant matter is very high,” it said.
The district magistrate also stated that they have already issued notice to the president, J&K High Court Bar Association, and Election Committee J&K HCBA in 2020 seeking explanation on the Bar’s constitution whose objective is “to find ways and means, take steps, for resolving the issues concerning public at large including larger issue of peaceful settlement of Kashmir issue”.
“The J&K HCBA, Srinagar, was asked to explain its position on the subject, since the stand is not in congruence with the Constitution of India, whereby J&K is an integral part of the country and not a dispute; and also, it is in conflict with the Advocates Act, 1961,” the order stated.
The DC office had also sought the registration certificate of the association. “Whereas, till date no response has been received from the J&K High Court Bar Association, Srinagar, vis-à-vis the above points, particularly on the matter of J&K HCBA constitution being antithetical to sovereignty and integrity of the country,” the order said.
The DMs order also mentioned that the senior superintendent of police, Srinagar, shall ensure implementation of this order. “Any violation of this order shall invite punitive action under Section 188 of the Indian Penal Code, 1860,” the order also read.
The Bar has maintained that their stand was two decades old and in conformity with the Constitution of India which is also the stand taken by the body before the Supreme Court in proceedings relating to abrogation of the Articles 370 and 35-A.
