SRINAGAR (Jammu and Kashmir): The Jammu and Kashmir High Court Bar Association (JKHCBA) Kashmir, has denied allegations that some of its members intimidated members of another organisation, which the JKHCBA claims led to the District Magistrate (DM) to put restrictions on association's elections.
The JKHCBA further denied having issued any election notice in a statement on July 17 as claimed by the District administration. The District Magistrate Srinagar Aijaz Asad in the order issued under Section 144 of the Code of Criminal Procedure (CrPC), which barred JKHCBA from holding elections had stated that the JKHCBA had released notification for elections.
In a statement, issued through JKHCBA's chairman, the association said, "Bar association has not yet issued any election notice, and the order issued by the state administration is the outcome of mere speculation. If any election process is conducted by the Bar association, the same will be done after the constitutional review committee's opinion." Significantly, on July 15, the District Magistrate of Srinagar prohibited people from congregating on the premises of the courts, under section 144 of CrPC, where the elections were scheduled.
The DM's order came in the wake of reports that JKHCBA members had had a fight with Kashmir Advocates Association (KAA)'s members on July 13. "If the JKHCBA elections were permitted to go ahead as scheduled, there may be a breach of the peace," the magistrate's order read. The KAA meeting was allegedly intimidated or disrupted, however the JKHCBA has denied these claims.
Also read: Srinagar Deputy Commissioner puts restrictions on holding JKHCBA elections
Meanwhile, the JKHCBA has claimed that they have always worked for the betterment of society in general and for the welfare of lawyers. "The association aims to uphold the rule of law, social justice, and universal brotherhood," it said. It further said, "The Bar association defends the right of any person to form a group, association and hold legal meetings with the ambit of the law of land.
It always respects the rights of every individual lawyer or group and treats all legal fraternity as one family and using abusive language, threatening or intimidating any person is outside the scope of the Bar association." The association termed the whole episode as an “attempt to malign the bar association and to mislead administration”.
"The administration acted without any proper inquiry and issued a Section 144, CrPC order which was neither required nor justified. Such an order would impede the functioning of the Court and the administration of justice," JKHCBA claimed. Pertinently, the JKHCBA has been without an elected body since 2019.
In 2020, the elections were initially postponed until November due to the COVID – 19 pandemic. On November 9, 2020, however, District Magistrate Srinagar sent a notice to the Association and asked them to clarify their position on whether they regard Kashmir as "a dispute or an integral part of the country."
The association then indefinitely postponed its elections.
