Jammu and Kashmir government bans election of Kashmiri lawyers for fifth consecutive year

For the fifth consecutive year, the Jammu and Kashmir government has refused to allow elections to the Jammu and Kashmir High Court Bar Association (JKHCBA) in Srinagar, citing “separatist ideology” and “provision of free legal assistance to anti-national elements” as among the reasons.

“I have examined all the facts, reports and information in the matter presented before me and am satisfied that if the JKHBA, Srinagar, goes ahead with the elections as scheduled, there will be an emergency situation leading to breach of peace and disturbance of public order,” the Srinagar district magistrate said in his latest order.

The magistrate invoked Section 144 of the Criminal Procedure Code (CrPC) to ban assembly of more than four people “until further orders” on the Batmaloo District Court premises in Jammu and Kashmir’s Mouminabad or at any place for the purpose of the Jammu and Kashmir High Court Bar Association Srinagar elections. The order warned that any violation “will be subject to disciplinary action under Section 188 of the Indian Penal Code.”

This is the fifth year that Bar Council elections have not been allowed in Kashmir. On June 11, the Bar Council issued a fresh notification to initiate election procedures. In 2020, the Bar Council had initiated a similar process but was not allowed to do so.

According to the latest government order, the organisation had received a communication from the Kashmir Bar Association (KAA) “in which the association has raised various concerns regarding the legitimacy and credibility of the Jammu and Kashmir High Court Bar Association, Srinagar citing various reasons that it is spreading separatist ideas and is an unregistered society/organisation and has demanded that it be barred from holding elections.”

According to the order, the KAA stated that holding the Bar Association elections would “threaten public order and lead to scuffles among different sections of lawyers during the elections, causing breach of peace and disturbance of law and order.” The government order also noted that the Bar Association is not a body registered with the Registrar of Societies, Kashmir.

Citing a police report, the government order said the Bar Association “advocates peaceful resolution of the Kashmir issue, harbours separatist ideology, has a history of threatening members of the legal profession and provides free legal assistance to anti-national elements.”

In 2023, authorities issued a notice to the Bar Association seeking clarification of its constitution, which states that the association will “find ways and means and take steps to resolve issues concerning the general public, including the larger issue of peaceful resolution of the Kashmir issue.”

“The above stand is contrary to the Constitution of India which provides that the State of Jammu and Kashmir is an integral part of the country and is not in dispute and is also in conflict with the Advocates Act, 1961 which governs the matter from an administrative and legal point of view, and hence, no reply has been made by the Bar Council till date,” the government order said.

The Bar Association, with over 1,200 members, is a highly influential private organisation that challenged the abrogation of Articles 370 and 35A in the Supreme Court in 2019. Mian Qayoom, former president of the Jammu and Kashmir Special Authority, was one of many lawyers arrested in the crackdown that preceded the August 5 decision to strip Jammu and Kashmir of its special status. Qayoom was arrested again two days ago in a case linked to Babar Qadri, a lawyer who was killed by gunmen at his home in 2020.

Meanwhile, former Jammu and Kashmir Chief Minister and leader of the People’s Democratic Party Mehbooba Mufti said, “The ban on the Jammu and Kashmir Assembly elections based on baseless allegations of separatism is a blatant violation of democratic principles and the fundamental right of association.”

Regarding Qayoom’s arrest, Mufti said, “This is a deliberate attempt to silence all dissent. It is a pattern that has been repeated time and again since August 2019. A brutal crackdown is being carried out on all elements and organisations of civil society in Jammu and Kashmir to instil fear. (I) demand an immediate and thorough explanation and justification for both the election ban and Mian Qayoom’s arrest so that justice can be achieved.”