After the arrest of former Jammu and Kashmir High Court Bar Association president Mian Abdul Qayoom, the authorities have banned the polls for the lawyers’ body. The reason given for the ban is that the association is not registered with the competent authority, and there are concerns about potential peace disturbances.
The Srinagar district magistrate issued the order to ban the election, following concerns raised by the Kashmir Advocates’ Association about the legality and authenticity of the High Court Bar Association. The communication alleged that the HCBA promotes secessionist ideology and demanded a ban on its election. It also stated that holding the election would threaten public order and lead to conflicts among various groups of lawyers, resulting in a breach of peace and disruption of law and order.
The district magistrate requested a detailed report from the senior superintendent of police regarding the registration status of the HCBA, and also sought information from the Registrar of Societies, Kashmir, who confirmed that the HCBA, Srinagar is not registered with their office.
The report from the senior superintendent of police revealed that the HCBA advocates for a ‘peaceful settlement of the Kashmir issue’ and has a secessionist ideology. It also raised concerns about potential breaches of peace and disturbances involving members of the Kashmir Advocates’ Association and the HCBA if the election is allowed to proceed.
The district magistrate’s office had previously asked the HCBA to clarify its position on its constitution, which 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 a peaceful settlement of the Kashmir issue”. The HCBA was also asked to explain its position, as it is in conflict with the Constitution of India and the Advocates Act, 1961.
As a response to the situation, the district magistrate has invoked Section 144 of the Criminal Procedure Code, ordering that no gathering of four or more people shall be allowed at the specified locations for the purpose of the HCBA elections.
The order also states that any violation shall invite punitive action under section 188 of the Indian Penal Code. Mian Abdul Qayoom, the former president of the HCBA, was arrested for his alleged involvement in a conspiracy to kill fellow advocate Babar Qadri in 2020.
