J&K High Court Bar Association Elections Blocked by Administration, Citing Security Concerns and Separatist Ideology

Citing dangers to peace and the JKHCBA's separatist ideology as justifications, the Jammu and Kashmir administration has ordered police to stop the group from holding its elections.

The arrest of former Bar chief Mian Qayoom by the police on Tuesday for his suspected involvement in the 2020 murder of TV panelist and fellow lawyer Babar Qadri handed a second blow to the body of leading attorneys in the Valley. A role was disputed by Qayoom's relatives.

Hours after Qayoom's detention, district magistrate (DM) of Srinagar Bilal Mohiuddin issued an order prohibiting the JKHCBA from holding elections; nevertheless, the decree was made public on Wednesday.

In order to "avoid any potential law and order situation," the order stated that the Srinagar Senior Superintendent of Police (SSP) had been instructed to ensure strict compliance with it. It further cautioned that any breach would result in disciplinary action under Section 188 of the Indian Penal Code.

Since 2020, the Bar Association has been prohibited by the government from conducting its elections. Its last elected chief was Qayoom. He was arrested in 2019 and held under the Public Safety Act, which permits incarceration without charge or trial, for a year.

Elections were set to take place on July 1st, according to Ghulam Nabi Shaheen, the association's acting general secretary. "We will battle it out in court notwithstanding the government's imposition of Section 144 of the CrPC. "This order is illegal," declared Shaheen.

In his decision, the DM of Srinagar stated that there was a "emergent situation" and that holding elections could result in a "breach of peace and disruption of public order."

"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," stated the order that was issued on June 25. The ruling further stated that they had received a message from the little-known legal association Kashmir Advocates Association (KAA), which expressed doubts about the legitimacy and constitutionality of the JKHCBA and claimed it was promoting secessionist ideology.

In a representation, the KAA asserted that the election would jeopardize public order and cause disputes amongst different legal sections. The KAA is a contentious association of attorneys that purports to have state support.

According to the DM, the JKHCBA's constitution states that it seeks to “find ways and means” for resolving “the issues concerning the public at large including larger issue of peaceful settlement of Kashmir issue,” which appears to support separatist positions. The notice was previously sent to the organization's president and election committee, asking them to explain themselves.