Srinagar, June 25: The Jammu and Kashmir High Court Bar Association (JKHCBA) elections have been put on hold by the District Magistrate (DM) of Srinagar, citing security concerns and potential unrest.
The order comes amidst allegations by another advocate body and questions regarding the JKHCBA’s registration status.
“Whereas, in response to Kashmir Advocates Association communication undersigned has sought a detailed ground report from Sr. Superintendent of Police Srinagar vide this office No: DMS/PS/2024/563-65 Dated: 20-06-2024, and with respect to the registration status of J&K High Court Bar Association Srinagar details were also sought from Registrar of Societies Kashmir vide this office communication No: DMS/PS/2024/564-65 Dated: 20-06-2024,” the order reads.
“Senior Superintendent of Police Srinagar further reveals that there is every apprehension of breach of peace and law and order situation between members of Kashmir Advocates Association and Jammu & Kashmir High Court Bar Association Srinagar, if the aforesaid elections are allowed to conducted. Whereas, in year 2023 this office has issued notice to J&K High Court Bar Association Srinagar for clarification of following points: 1. That the J&K High Court Bar Association Srinagar constitution states the following as its first objective: “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, organizing 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 J&K High Court Bar Association Srinagar 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 which governs the subject vis-à-vis administrative and legal points cited in para (i) above 2. This office sought the certificates of registration issued by the Competent Authority wherein the J&K High Court Bar Association Srinagar ought to be registered as an association which is basic legal requirement for any such association. Whereas, J&K High Court Bar Association Srinagar till date has failed to provide any response with respect to above points and JKHCBA Constitution being anti-thetical to sovereignty and integrity of the country.”
“Whereas, I have perused all the facts/reports and inputs of the matter placed before me and I am satisfied that there is an emergent situation which can lead to breach of peace and disruption of public order, if J&K High Court Bar Association Srinagar proceeds forward with the scheduled elections. Therefore, I, District magistrate Srinagar, by virtue of powers vested in me u/s 144 CrPC order that no gathering of 4 or any 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. Since the emergence of the situation is sudden and its consequences are sufficiently grave. Therefore, the order is hereby passed, ex-parte. Senior Superintendent of Police Srinagar shall ensure implementation of this order in letter and spirit. Any violation of this order shall invite punitive action under section 188 of Indian Penal Code,” the order reads further. (KDC)
