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regular-article-logo Monday, 01 July 2024

J&K administration asks police to prevent Jammu and Kashmir High Court Bar Association from holding elections

Threat to peace and ‘separatist ideology’ cited

Muzaffar Raina Srinagar Published 27.06.24, 05:49 AM
Mian Qayoom after being produced in a court in Jammu on Wednesday

Mian Qayoom after being produced in a court in Jammu on Wednesday PTI picture

The Jammu and Kashmir administration has asked police to prevent the Jammu and Kashmir High Court Bar Association (JKHCBA) from holding its elections, citing threats to peace and its separatist ideology as reasons.

The order dealt a second blow to the Valley's top lawyers' body after the police on Tuesday arrested former Bar chief Mian Qayoom for his alleged role in the 2020 murder of fellow lawyer and TV panellist Babar Qadri. Qayoom's family denied any role.

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Srinagar’s district magistrate (DM) Bilal Mohiuddin issued an order barring the JKHCBA from holding elections hours after Qayoom’s arrest, but the order was made public on Wednesday.

The order said that Srinagar senior superintendent of police (SSP) had been directed to ensure strict compliance with this order to “prevent any potential law and order situation” and warned any violation of it would attract punitive action under Section 188 of the Indian Penal Code.

The government has been preventing the Bar association from holding its elections since 2020. Qayoom was its last elected chief. In 2019, he was detained for a year after being booked under the Public Safety Act, which allows detention without trial.

The association’s officiating general secretary Ghulam Nabi Shaheen said they were scheduled to hold elections on July 1. “The government has imposed Section 144 of the CrPC but we will fight it out in the court. It is an illegal order,” Shaheen said.

The Srinagar DM's order said an “emergent situation” had risen and if elections were allowed it could lead to a “breach of peace and disruption of public order”.

"I, district magistrate Srinagar, by virtue of powers vested in me under Section 144 CrPC order that no gathering of four or more persons shall be allowed in the premises of District Court Complex, Moominabad, Batmaloo or at any place for the purpose of J&K High Court Bar Association Srinagar elections till further orders," stated the order passed on June 25. The order also said they had received a communication from Kashmir Advocates Association (KAA), a little-known lawyers' body, which had raised concern over the legality and authenticity of the JKHCBA and said it was propagating secessionist ideology.

The KAA, in a representation, claimed the election would threaten public order and lead to scuffle among various sections of lawyers. The KAA is a controversial lawyers' body that allegedly enjoys the backing of the state.

The DM said an earlier notice issued to the JKHCBA president and its election committee, seeking an explanation from them about its constitution which says it wants to “find ways and means” for resolving “the issues concerning the public at large including larger issue of peaceful settlement of Kashmir issue…,” suggesting it aligns with the stand of separatists.

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