J&K Government disallows Bar elections in Kashmir for fifth consecutive year

The Jammu and Kashmir administration has for the fifth continuous year denied permission for the elections of the J&K High Court Bar Association (JKHCBA) in Srinagar and cited “secessionist ideology” and “free legal aid to anti-national elements” as one of the reasons.

“I have perused all the facts/reports and inputs of the matter placed before me and am satisfied that there is an emergent situation which can lead to breach of peace and disruption of public order, (if) the JKHBA, Srinagar, proceeds forward with the scheduled elections,” the Srinagar district magistrate said in his latest order.

The magistrate has imposed Section 144 of the Code of Criminal Procedure (CrPC) and barred gathering of four or more persons 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”. The order warned that any violation “shall invite punitive action under Section 188 of Indian Penal Code.”

It is the fifth year that elections of the Bar are not being allowed in Kashmir. A fresh notification was issued on June 11 by the Bar to start the process of elections. In 2020, the Bar had started a similar process but was denied permission.

According to the latest government order, it received a communication from the Kashmir Advocates Association (KAA), “wherein they have raised various concerns with respect to legality and authenticity of the Jammu & Kashmir High Court Bar Association, Srinagar, citing various reasons as propagating secessionist ideology and being an unregistered association/body demanded a ban on conducting the elections.”

The KAA, according to the order, expressed that conducting the Bar elections will “threaten public order and lead to scuffle among various sections of lawyers during the elections resulting in breach of peace and disturbance of law and order”. The government order also mentioned that the Bar was not a registered body with the Registrar of Societies, Kashmir. 

Citing a police report, the government order stated that the Bar “is advocating for peaceful settlement of Kashmir issue, has secessionist ideology, had record of intimidating members of the legal fraternity and are providing free legal aid to anti-national elements”.

In 2023, the authorities had issued notice to the Bar for clarification of the Bar’s constitution, which states “to find ways and means, take steps, for resolving the issues concerning the public at large including the larger issue of peaceful settlement of Kashmir issue.”

“Since the above stand is not in congruence with the Constitution of India, whereby J&K is an integral part of the country and not a dispute, and also it is in conflict with Advocates Act, 1961 which governs the subject vis-à-vis administrative and legal points...the Bar till date has failed to provide any response,” the government order said.

With over 1,200 lawyers as its members, the Bar is a very influential civil society body that had challenged the abrogation of Article 370 and 35A in the Supreme Court in 2019. Former JKHCBA president Mian Qayoom was among many other lawyers arrested in the crackdown ahead of the August 5 decision to revoke J&K’s special status. Mr. Qayoom was again arrested two days ago in a case related to the assassination of a lawyer, Babar Qadri, at his residence in 2020 by gunmen.

Meanwhile, former J&K Chief Minister and Peoples Democratic Party president Mehbooba Mufti said: “The ban on JKHCBA elections based on unsubstantiated allegations of secessionist ideology is a brazen violation of democratic principles and the fundamental right to association.”

On Mr. Qayoom’s arrest, Ms. Mufti said: “It is a concerted attempt to silence any and all forms of dissent. A pattern that we have seen repeated often since August 2019. There has been a vicious crackdown on every element and organisation of J&K’s civil society to instil a sense of fear. (I) Demand an immediate and thorough explanation as well as rationale for both the election ban and Mian Qayoom’s arrest to ensure justice is done.”