Srinagar (Jammu and Kashmir): Srinagar Deputy Commissioner Mohammad Aijaz on Saturday put restrictions on the conduct of elections of the Jammu and Kashmir High Court Bar Association (JKHCBA). Citing the breach of peace and disruptions of public order, the Deputy Commissioner, in an order, shelved the plan of holding elections of the Bar Association.
"I have perused the facts placed before me and I am satisfied that there is an emergent situation which can lead to a breach of peace and disruption of public order if JKHCBA proceeds forward with the scheduled elections," the order reads.
Adding further, the Deputy Commissioner, Srinagar, said, "Therefore by virtue of the powers vested in me under Section 144 CrPC direct that no gathering of four or more persons shall be allowed on the premises of District Court Complex Batamaloo or any other place for the purpose of the conduct of elections till further orders."
The order also stated that the Senior Superintendent of Police (SSP) will have to ensure the implementation of the order and that violation by anyone shall invite punitive action under Section 188 of the Indian Penal Code, 1860. According to the order, SSP, Srinagar, had reported that during the meeting held on July 13 by Kashmir Advocates Association (KAA) at Court Complex Srinagar, members of another association under the nomenclature of JKHCBA entered the Bar room and started shouting at the members of KAA which led to a scuffle between the two groups.
Senior Superintendent of Police of Srinagar has made it clear that there is every possibility of internal rivalries between the two factions of the lawyers resulting in clashes between them. "He also cited in his report that JKHCBA is having past history of intimidation and provocation to other groups of the advocates, which may lead to a breach of peace in the instant matter," the order states. SSP of Srinagar Rakesh Valwal has also stated that there are reports regarding activities of JKHCBA for forceful conduct of elections and it may lead to clashes between the said groups.
Interestingly, the JKHCBA is without an elected body since 2019. In 2020, the elections were first deferred till November in view of COVID - 19 situation. However, on November 9, 2020, Deputy Commissioner Srinagar issued a notice to the Association while asking them to clarify its stand on whether it sees Kashmir as “a dispute or an integral part of the country.” Following this the association had deferred its elections indefinitely.
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