Srinagar: As the Jammu and Kashmir High Court Bar Association announced its election date, Lieutenant Governor Manoj Sinha's administration barred the conduct of elections on Tuesday, June 25, citing concerns over the association's constitution, which refers to "Kashmir as an issue to be settled."
The elections were previously postponed in 2020 after the administration challenged the association's stance, and formal restrictions on the conduct of Bar elections were imposed for the first time in July 2023.
In an order, the DC Srinagar said: “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.”
Srinagar district magistrate (DM) Bilal Mohiuddin Bhat said the restrictions were being imposed as the association failed to clarify why its constitution called “Kashmir an issue to be settled”, neither did the body produce any certificate of registration.
“Jammu and Kashmir High Court Bar Association Srinagar has not responded to these concerns, and its constitution violates the sovereignty and integrity of the country,” reads the order.
Quoting a report from the Senior Superintendent of Police, the order stated that the Jammu and Kashmir High Court Bar Association was accused of "promoting a secessionist ideology" and intimidating those who opposed its views. The association advocates for a peaceful settlement of the Kashmir issue and offers legal aid to anti-national elements.
The report further expressed concerns about potential breaches of peace and law and order issues between members of the Kashmir Advocates Association and the Bar if the elections were allowed to proceed.
“A letter from Kashmir Advocates Association (KAA), KAA/prez/2024/034) on June 15 accused the HCBA of propagating “secessionist ideology” in Jammu and Kashmir,” the order referred to the letter.
KAA, a parallel lawyers’ body was set up after the reading down of Article 370 in 2019 and is widely believed to enjoy the backing of the state.
"The bar body was asked to explain its position on the subject, as the above stance is not in line with the Constitution of India, where Jammu and Kashmir is an integral part of the country and not a dispute. It also conflicts with the Advocates Act, 1961, which governs administrative and legal matters," the order said.
However, the Bar has maintained that its position has been consistent for two decades and is in accordance with the Constitution of India. This stance was also presented by the body in the Supreme Court during proceedings concerning the abrogation of Articles 370 and 35-A.