Restrictions imposed on J&K High Court Bar Association elections due to legal, security concerns

Srinagar, June 26: Following a notification from the Bar Association dated June 11, 2024, announcing the schedule for their elections, the District Magistrate Srinagar has imposed strict restrictions on the upcoming elections of the J&K High Court Bar Association Srinagar, citing significant legal and security concerns.

The Kashmir Advocates Association expressed serious objections regarding the legality and legitimacy of the J&K High Court Bar Association Srinagar. In a communication dated June 15, 2024, they alleged that the Bar Association promotes secessionist ideologies and operates without proper registration. They warned that holding these elections could threaten public order and potentially lead to clashes among different groups of lawyers, causing a breach of peace and disturbance of law and order.

In response to these concerns, the District Magistrate sought detailed reports from the Senior Superintendent of Police (SSP) Srinagar and the Registrar of Societies Kashmir. The Registrar’s report, dated June 24, 2024, confirmed that the J&K High Court Bar Association Srinagar is not registered as a legal entity. Concurrently, the SSP’s report, also dated June 24, 2024, indicated that the Bar Association advocates for a “peaceful settlement of the Kashmir issue,” which aligns with secessionist ideologies.

The report also highlighted the Association’s history of intimidating members of the legal community who do not share their views and providing free legal aid to individuals considered anti-national elements.

Given these findings, the SSP expressed serious concerns about the potential for conflict and public disorder if the elections were allowed to proceed. The possibility of clashes between members of the Kashmir Advocates Association and the J&K High Court Bar Association Srinagar was deemed high, with a strong likelihood of violence and disruption of public order.

Further, in 2023, the District Magistrate had issued a notice to the J&K High Court Bar Association Srinagar, challenging its constitution. The notice pointed out that the Association’s primary objective includes seeking the “peaceful settlement of the Kashmir issue,” which is contrary to the Constitution of India and the Advocates Act, 1961. The Bar Association was asked to clarify its position and provide registration certificates, which it failed to do.

After thoroughly reviewing all the reports and input from various authorities, the District Magistrate concluded that there is an urgent and emergent situation that could lead to a breach of peace and disruption of public order if the elections were to proceed. Consequently, an order was issued under Section 144 of the CrPC, prohibiting gatherings of four or more people in the premises of the District Court Complex, Moominabad, Batmaloo, or any other location for the purpose of conducting the Bar Association elections until further notice.

This order, which takes immediate effect, is to be enforced by the SSP Srinagar. The SSP has been directed to ensure strict compliance with this order to prevent any potential law and order situation. Any violation of this order will attract punitive action under Section 188 of the Indian Penal Code.