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J&K admin disallows HC bar polls, cites body’s ‘secessionist’ ideology
The Jammu and Kashmir government has imposed restrictions on the conduct of elections of the J&K High Court Bar Association, citing the body’s alleged secessionist ideology and fears of breach of peace
Srinagar:
The Jammu and Kashmir government has imposed restrictions on the conduct of elections of the J&K High Court Bar Association, citing the body’s alleged secessionist ideology and fears of breach of peace.
Mohammad Aijaz Asad, district magistrate of Srinagar, imposed the restrictions under section 144 of the Code of Criminal Procedure on the conduct of association elections. The situation could lead to breach of peace and disruption of public order, Asad said in an order issued on Saturday.
“Therefore, I, District Magistrate, Srinagar, by virtue of the powers vested in me u/s 144 CrPC direct that no gathering of four or more persons shall be allowed in 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 the Kashmir issue, had to postpone its elections in 2020 as well, 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 said there was a scuffle between the members of association and the Kashmir Advocates Association on July 13.
“Whereas, 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 bar “propounds a secessionist ideology and over the past three decades the activities of JKHCBA as chronicled include organizing 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 of the bar and its election committee 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 JKHCBA 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 Advocates Act, 1961,” the order stated.
The administration 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 JKHCBA Constitution being antithetical to sovereignty and integrity of the Country,” the order said.
“Any violation of this Order shall invite punitive action under Section 188 of Indian Penal Code, 1860,” it said.
The bar has maintained that its 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.
