The Kashmir chapter of the J&K High Court Bar Association (JKHCBA) has dropped a paragraph from the constitution of the lawyers’ body that called for “working towards a peaceful settlement of the Kashmir dispute”.
The District Magistrate, while referring to the Bar’s constitution, had pointed out that it was “not in consonance with the Constitution of India, whereby J&K is an integral part of the country and not a dispute”.
“It’s to inform you that misgivings you harbour regarding conducting of elections for JKHCBA, Kashmir, are unfounded and/or lopsided and/or ipsi dixit.
In the letter of July 5, the Bar, however, has highlighted “a rich history of almost a hundred years”.
It’s reiterated that there is no reason as to why elections of the Bar Association cannot be conducted peacefully, freely and fairly,” the Bar association said.
The Kashmir chapter of the J&K High Court Bar Association (JKHCBA) has dropped a paragraph from the constitution of the lawyers’ body that called for “working towards a peaceful settlement of the Kashmir dispute”.
The Bar’s new constitution and its objectives are principally concerned with, among other things, to “promote the rights and interests of the legal profession in general and of the members of the Association in particular”.
The fresh amendment in the Bar’s constitution has come five years after the District Magistrate, in a formal letter in 2020, sought an explanation on a paragraph found in the objectives of the Bar under its erstwhile constitution. It stated, among its objectives, that the Bar “will find ways and means and take steps for resolving the issues concerning the public at large including the larger issue of a peaceful settlement of Kashmir dispute”.
The District Magistrate, while referring to the Bar’s constitution, had pointed out that it was “not in consonance with the Constitution of India, whereby J&K is an integral part of the country and not a dispute”.
“It’s to inform you that misgivings you harbour regarding conducting of elections for JKHCBA, Kashmir, are unfounded and/or lopsided and/or ipsi dixit. The JKHCBA is on record to have sufficiently conveyed to you, in the past, its response to obviate such misgivings that sans suppression,” reads the Bar’s letter of July 5, forwarded by the secretary of the JKHCBA’s election commission, notifying the latest change in its constitution.
In its letter, the Bar pointed out that “some changes in the constitution of the JKHCBA, Kashmir, also became necessary (after the Supreme Court judgment on Article 370 provisions on December 23, 2023) and, accordingly, were brought about”.
“It is not naysaid that JKHCBA was one amongst many political, social and non-governmental organisations, recognised under law, who had invoked jurisdiction of the Hon’ble Supreme Court against the constitutional changes that had taken place in August 2019,” the Bar’s letter added.
The J&K Lieutenant Governor’s administration has declined permission to the JKHCBA to hold elections over the past five years citing different reasons, including fears related to law and order, and the COVID-19 pandemic. In its latest order, issued in June this year, the District Magistrate of Srinagar pointed to the Bar’s past activities and described it as “an unregistered association/body” having “secessionist ideology”.
In the letter of July 5, the Bar, however, has highlighted “a rich history of almost a hundred years”. “The JKHCBA is as old as the High Court of J&K...and have worked hand in glove to promote the legal justice system of our country. Each one has held each other in high regard over the period and have exchanged their members as necessary concomitant,” the JKHCBA’s letter reads.
“Demonising and maligning such an Association and/or characterising it being illegal/unregistered after hundred years of its existence, therefore, is highly unacceptable and that too if the opinion is founded on heresy and motivation,” it said.
The JKHCBA’s former head, advocate Mian Abdul Qayoom, was recently arrested. Mr. Qayoom was seen as being close to the separatist All Parties Hurriyat Conference.
Nazir Ahmad Ronga has since been nominated as the ad hoc chairperson of the body.
Referring to a recent government order, the JKHCBA said the restrictions placed on it under Section 144 were “with sole purpose of stopping the Bar from electing its office bearers thereby threatening its existence”.
“It goes without saying that all citizens of the country have fundamental right to form association under Article 19 (1)(c) of the Constitution of India and such right cannot be made illusory by imposing curbs on its functioning and in this case in the garb of colourable exercise of power under section 144 CrPC,” the JKHCBA said.
The Bar at present comprises about 3,000 lawyers from all districts of the Kashmir Division. “It has the constitutional right to run its affairs and conduct elections to the executive body to pave the way for new and fresh faces in its elected executive with renewed ideals and goals and to re-energise the support system to the cause of justice enshrined and guaranteed in the Constitution of India. It’s reiterated that there is no reason as to why elections of the Bar Association cannot be conducted peacefully, freely and fairly,” the Bar association said.
The JKHCBA urged the District Magistrate that “...any curb, imposed or to be imposed may be lifted/avoided and the Association be allowed to run its affairs without any interference as the ruse of breach of public order, is all too imaginary and baseless”.
