Jammu and Kashmir Authorities Ban High Court Bar Association Elections

Authorities banned the Jammu and Kashmir High Court Bar Association (HCBA) elections on Tuesday, citing the association's unregistered status and potential for unrest. This decision followed the arrest of former HCBA president Mian Abdul Qayoom.

The Srinagar district magistrate issued the ban order, stating that the HCBA is not registered with the competent authority. The HCBA had announced the election on June 11, but concerns were raised by the Kashmir Advocates Association on June 15 regarding its legality and potential to disrupt peace.

Concerns Over HCBA's Legality

The Kashmir Advocates Association alleged that the HCBA promotes secessionist ideology and demanded a ban on its election. They claimed that holding the election could lead to public disorder and conflicts among lawyers, as noted in the district magistrate's order.

On June 20, the district magistrate sought a detailed report from the senior superintendent of police (SSP) in Srinagar and information from the Registrar of Societies, Kashmir, about HCBA's registration status. The Registrar confirmed that HCBA is not registered with their office.

SSP's Report Highlights

The SSP's report, dated June 24, stated that HCBA advocates for a peaceful resolution of the Kashmir issue but has a history of intimidating legal professionals who oppose its views. The report also mentioned that allowing the election could lead to a breach of peace and law-and-order issues involving members of both associations.

Last year, the district magistrate had asked HCBA to clarify its constitution, which prioritises resolving public issues, including a peaceful settlement of the Kashmir issue. This stance was deemed inconsistent with India's Constitution and the Advocates Act, 1961.

Order Details and Implementation

The district magistrate reviewed all reports and concluded that proceeding with the elections could disrupt public order. Consequently, an order was issued under Section 144 of CrPC, prohibiting gatherings of four or more people at the District Court Complex in Moominabad, Batmaloo, or any other place for HCBA elections until further notice.

The order emphasised that due to the sudden emergence and serious consequences of the situation, it was passed ex-parte. The SSP in Srinagar was instructed to enforce this order strictly. Any violation would result in punitive action under Section 188 of the Indian Penal Code (IPC).

Mian Abdul Qayoom was arrested on Tuesday for his alleged involvement in a conspiracy to kill fellow advocate Babar Qadri in 2020. This arrest coincided with the ban on HCBA elections.

The district magistrate's decision aims to prevent any potential breach of peace and maintain public order amidst rising tensions between different lawyer factions in Srinagar.