Srinagar, July16: Mohammad Aijaz Asad, Deputy Commissioner and District Magistrate, Srinagar, imposed restrictions on the conduct of the Jammu Kashmir High Court Bar Association Srinagar election, under Section 144 of the CrPC.
The J&K government has imposed restrictions on the conduct of elections announced by the J&K High Court Bar Association, citing the body's alleged ‘secessionist ideology' as well as apprehension of a breach of peace.
In an order issued on Saturday, Asad stated that if the J&K HCBA, Srinagar proceeds with the scheduled elections, the situation could lead to a breach of peace and disruption of public order.
“Therefore, I, district magistrate, Srinagar, direct that no gathering of four or more persons shall be permitted on the premises of District Court Complex, Mominabad, Batamaloo, or any other place for the purpose of conducting HCBA elections until further orders,” he said.
The Bar, which has been advocating for a “peaceful resolution of the Kashmir issue,” was forced to postpone its elections in 2020 after the government objected to the body's stance.
The district magistrate's order stated, citing a letter from the senior superintendent of police Srinagar that on July 13, there was a scuffle between members of J&K HCBA and another association, Kashmir Advocates Association.
“Whereas, the senior superintendent of police, Srinagar, has highlighted the possibility of internal rivalries between the two factions of lawyers resulting in clashes,” the order stated.
The order also revealed intelligence agency inputs, which stated that “the J&K HCBA propounds a secessionist ideology, and over the past three decades, the J&K HCBA's activities have included organising hartals and bandhs, intimidating members of the legal fraternity who do not subscribe to its ideology.”
“Intelligence reports strongly indicate that the threat of using violence and breaching peace and order in the immediate matter is very high,” it said.
The district magistrate further stated that they had already served notice on the president, J&K High Court Bar Association, and Election Committee J&K HCBA in 2020, seeking an explanation on the Bar's constitution, whose goal 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 the Kashmir issue.”
“The J&K HCBA, Srinagar, was asked to explain its position on the subject,” the order stated. “The stand is not in congruence with the Constitution of India, which states that J&K is an integral part of the country and not a dispute; and it is also in conflict with the Advocates Act, 1961.”
The DC office had also questioned the association's registration certificate. “Whereas, to date, no response has been received from the J&K High Court Bar Association, Srinagar, in relation to the above points, particularly on the issue of the J&K HCBA constitution being antithetical to the country's sovereignty and integrity,” the order stated.
The DM's order also stated that the senior superintendent of police in Srinagar would be in charge of ensuring that the order was followed. “Any violation of this order shall invite punitive action under Section 188 of the Indian Penal Code, 1860,” the order stated.
The Bar has maintained that their position is two decades old and in accordance with the Indian Constitution, which is also the position taken by the body before the Supreme Court in proceedings relating to the repeal of Articles 370 and 35-A.
