Srinagar: Authorities have barred elections of Jammu and Kashmir High Court Bar Association (JKHCBA) Srinagar by invoking section 144 CrPC on Saturday while police cited “internal rivalry between the two factions of the lawyers.” The order termed that there are apprehensions of “breach of peace” if the elections to the Bar Association are held.
As per the order, the Deputy Commissioner Srinagar Ajaz Asad imposed restrictions inside the court complex or “any other place for the purpose of conduct of elections till further orders”.
The Jammu and Kashmir High Court Bar Association has been without an elected body for the three years now as the government barred them to conduct elections two years ago as well.
Over the years, the Bar association of Kashmir was labelled as “pro-separatist.”
“I have perused the material facts of the matter placed before me and I am satisfied that there is an emergent situation which can lead to breach of peace and disruption of public order, if JKHCBA proceeds forward with the scheduled elections,” reads the order issued by the Deputy Commissioner Srinagar, who is also the District Magistrate.
“Therefore, I, District Magistrate, Srinagar, by virtue of the powers vested in me u/s 144 CrPC direct that no gathering of 4 or more persons shall be allowed in the premises of District Court Complex Batamaloo or any other place for the purpose of conduct of elections till further orders”.
The High Court Bar Association is run by an Ad-hoc body since 2020, when the term of previous body ended. As the Association was preparing for fresh election after the end of term of the previous body, the government prohibited conduct of elections.
“SSP Srinagar has reported that during the meeting held on 13-07-2023 by Kashmir Advocates Association(KAA) at Court Complex Srinagar, members of another association under the nomenclature of JKHCBA entered into the Bar room and started shouting upon the members of KAA which led to scuffle between the two groups,” reads the order.
“There is every possibility of internal rivalries between the two factions of the lawyers resulting into clashes between them. He has also cited in his report that JKHCBA is having past history of intimidation and provocation of other groups of the advocates which may lead to breach of peace in the instant matter.”
While the Bar Association has an Ad-hoc body, a new body of advocates – named Kashmir Advocates Association – was recently formed.
The Bar Association says the advocates association has the backing of the government.
“This is a group of lawyers especially young ones,” said a member of Adhoc body.
“A good number of them are standing counsels of the government”.