New Delhi: Days after Mian Qayoom, a senior advocate and the last elected president of Jammu and Kashmir’s High Court Bar Association (HCBA) was arrested in a terrorism conspiracy case, the J&K administration has banned elections within the lawyers’ body, citing unspecified apprehensions of “breach of peace”.
In an order (08 DMS of 2024) on Tuesday, June 25, Srinagar District Magistrate, Bilal Mohi-ud-Din Bhat, said that there was “an emergent situation which can lead to breach of peace and disruption of public order, if J&K HCBA proceeds forward (sic) with the scheduled elections”.
The HCBA election, which has not been held since 2020, was scheduled on July 1, according to a notification issued by the association on June 11.
Qayoom who was detained for a year under the controversial Public Safety Act in 2019, was arrested earlier this week for his alleged role in the sensational killing of lawyer Babar Qadri at his Srinagar residence in 2020.
‘No gathering in groups’
“I, district magistrate Srinagar, by virtue of powers vested in me under Section 144 CrPC order that no gathering of four or more persons shall be allowed in the premises of District Court Complex, Moominabad, Batmaloo or at any place for the purpose of J&K High Court Bar Association Srinagar elections till further orders,” the order said.
The administration has also directed the Srinagar senior superintendent of police (SSP) to ensure compliance and “prevent any potential law and order situation”, while warning that any violation of the order would attract punitive action under Section 188 of the Indian Penal Code.
Section 188 reads: “If the disobedience causes or tends to cause danger to human life, health or safety, or incites a riot or affray, the offender can be punished with imprisonment for up to six months, or a fine up to one thousand rupees, or both.”
Justifying the ban, the Srinagar DM referred to a letter from Kashmir Advocates Association (KAA), a parallel lawyers’ body which was set up after the reading down of Article 370 in 2019 and is widely believed to enjoy the backing of the state. The letter (KAA/prez/2024/034) on June 15 had accused the HCBA of propagating “secessionist ideology” in Jammu and Kashmir.
A report (CS/83-24/37160-62) by SSP Srinagar on June 24 to the DM had also stated that the HCBA has “secessionist ideology and had record of intimidating members of legal fraternity and others who are adhere (sic) to the ideology of its members, and are providing free legal aid to anti-national elements.”
‘Asked to explain its position’
The JKHCBA constitution states: “To find ways and means, take steps, for resolving the issues concerning public at large including larger issue of peaceful settlement of Kashmir issue and for this purpose, organize 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 Association”
The DM said that a notice was sent to the HCBA president and its election committee last year on the issue of “peaceful settlement of Kashmir issue”. “The HCBA was asked to explain its position on the subject, since the above stand is not in congruence with the constitution of India, whereby J&K is an integral part of the country and not a dispute, and also it is in conflict with Advocates Act, 1961,” it added.
The Advocates Act governs the functioning and terms of the state bar councils and the Bar Council of India. Under the act, a bar council shall be a body corporate or a legal entity under Section 2(11) of the Companies Act, 2013 with the power to acquire and hold property.
The DM’s order said that no response was received from the JKHCBA on the issue of its registration which is “basic legal requirement for any such association” and the the HCBA constitution was “anti-thetical to sovereignty and integrity of the Country”. The order said that a communication from the Registrar of Societies, Kashmir, suggests that the JKHCBA was not a registered body.
‘New evidence’
The ban on HCBA comes days after its last elected president Qayoom, 80, who is one of Kashmir’s most prominent lawyers, was termed as a “primary suspect” and arrested by the State Investigation Agency (SIA) in connection with the murder of advocate Qadri.
Following his arrest, a court in Jammu on Wednesday remanded Qayoom to police custody till July 1.
The Srinagar-based lawyer was killed on September 24, 2020 by unidentified gunmen at his Srinagar residence who were disguised as his prospective clients.
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A case under sections of the Unlawful Activities (Prevention) Act, 1967, section 302 of the Indian Penal Code (IPC) and sections 7 and 27 of the Arms Act was registered at Lal Bazar police station in Srinagar and five persons were charge-sheeted in connection with the case.
The SIA claimed that it had landed on “new evidence” during investigation which has the “potential to unravel the conspiracy part in this killing.”
The SIA, which was also set up following the bifurcation of J&K into two union territories in 2019, later stated that there was “substantial evidence” against Qayoom, who was one of the closest associates of former Hurriyat hawk Syed Ali Geelani.
After Qadri’s murder, the SIA had moved an application in J&K High Court, stating that no lawyer in Kashmir was willing to provide legal assistance to the state in the case. “For a fair and impartial trial of a criminal case, it is imperative that the witnesses are in a position to depose in an atmosphere, which is free and not hostile,” the court had ruled, while transferring the case to Jammu.
