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Government Imposes Restrictions on Jammu and Kashmir High Court Bar Association, Citing ‘Secessionist Ideology’ and Legal Issues

Last Updated on June 27, 2024 by News Desk

The Jammu and Kashmir High Court Bar Association in Srinagar has been imposed with restrictions under section 144 of the Criminal Procedure Code (CrPC) due to its alleged “secessionist ideology.”

The district magistrate, Bilal Mohiuddin Bhat, stated that the restrictions were imposed because the association failed to clarify why its constitution called “Kashmir an issue to be settled” and did not produce any certificate of registration.

The bar association had postponed its elections in 2020 due to government objections.

In July 2023, the government authorities officially imposed restrictions for the first time on the conduct of Bar elections. The order came after the Bar Association Srinagar issued a notification for the conduct of its elections by June 31.

The DM’s order stated that there is an emergent situation that could lead to a breach of peace and disruption of public order if the scheduled elections are carried out.

The Kashmir Advocates Association raised concerns about the legality and authenticity of the bar body, citing reasons such as propagating secessionist ideology and being an unregistered association/body.

An SSP report stated that the bar body was advocating for a peaceful settlement of the Kashmir issue and providing free legal aid to anti-national elements. The order also stated that the bar body’s stand is not in congruence with the Indian constitution, where Jammu and Kashmir is an integral part of the country and not a dispute.

The bar has maintained that their stand is two decades old and in conformity with the Constitution of India, which was also taken by the body before the Supreme Court in proceedings relating to abrogation of Articles 370 and 35-A.
The officials said the police requested the court to be granted a 15-day remand to question Qayoom. They said that the judge granted remand till July 1 with directions to present him before a designated National Investigation Agency (NIA) judge, who is currently undergoing training, on Monday.
The court had ordered for in-camera proceedings as Qayoom appeared before the special court.

Babar Qadri, a critic of Qayoom, was gunned down outside his house in the Old City in 2020.

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