Srinagar (Jammu and Kashmir): Former Jammu and Kashmir Chief Minister and PDP president Mehbooba Mufti criticised the Jammu and Kashmir administration for banning the holding of internal elections by the Jammu and Kashmir High Court Bar Association and arrest of senior lawyer and former bar president Mian Qayoom by the police.
Mehbooba has said that such actions of the JK administration are a "concerted attempt to silence dissent" and has demanded an explanation from the LG administration. "The ban on JKHCBA elections based on unsubstantiated allegations of secessionist ideology is a brazen violation of democratic principles & the fundamental right to association," Mufti wrote on X, formerly known as Twitter.
"Preceded by the arrest of former HCBA President Mian Qayoom it is a concerted attempt to silence any & all forms of dissent. A pattern that we have seen repeated often since August 2019. There has been a vicious crackdown on every element & organisation of J&K's civil society to instil a sense of fear. Demand an immediate & thorough explanation as well as the rationale for both the election ban & Mian Qayoom’s arrest to ensure justice is done," she added.
The Jammu and Kashmir administration on Wednesday imposed restrictions on the conduct of internal elections for the Jammu and Kashmir High Court Bar Association in Srinagar invoking section 144 criminal procedure code (CrPC), its alleged secessionist ideology and breach of peace.
Srinagar District Magistrate Bilal Mohiuddin Bhat on June 26 said the lawyers association is neither a registered body with the Registrar of Companies nor has it yet clarified why its constitution called "Kashmir an issue to be settled". Bhat issued an order regarding the ban citing apprehension of a breach of peace and law and order situation between members of the Kashmir Advocates Association among the other reasons for disallowing the association from holding its internal elections.
Quoting a report from SSP Srinagar, the Bhat said the bar was advocating for a "peaceful settlement of Kashmir issue" and has a 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.
“..... 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.
This is the third ban imposed by the JK administration on the bar to hold elections in the last three years after abrogation of Article 370. The first ban was imposed on the bar in November 2020 by the then Srinagar District Magistrate Shahid Choudhary. The ban was extended by the Srinagar Magistrate Muhammad Ajaz in July 2023. Both the DMs have sought the same clarification as their successor.
JKHCBA Srinagar constitution states that its first objective is "to find ways and means, take steps, for resolving the issues concerning the public at large including the larger issue of peaceful settlement of Kashmir dispute and for this purpose organise seminars, conventions, delegate its members to various places within and outside India, to become members of other Associations, bodies or forums which share common outlook with associations."
The bar, which was the largest lawyers' body in the Kashmir valley, was a constituent of the separatist amalgam Hurriyat Conference that demanded a "peaceful resolution of Kashmir issue through dialogue", and lies in tatters after August 5, 2019. The BJP government after the abrogation of Article 370 cracked its whip on separatist leaders and their groups including some bar members.
In 2023, the bar reacted to the ban on holding of elections, saying that "the administration acted without any proper inquiry and issued a Section 144, CrPC order which was neither required nor justified" but this time it has preferred silence over a statement. The JKHCBA is without an elected body since 2019. Mian Qayoom, who was the bar president for 16 consecutive terms, was arrested on Tuesday in connection with the murder of High Court lawyer Babar Qadri.
