Srinagar District Court, Section 144 of the Code of Criminal Procedure
The Jammu and Kashmir government on Tuesday imposed restrictions under Section 144 of the Criminal Procedure Code (CrPC) on the district court premises in Srinagar, halting the election of officers of the Jammu and Kashmir High Court Bar Association (HCBA), Srinagar.
The Srinagar District Governor invoked Section 144 of the Criminal Procedure Code (power to issue orders in cases of imminent nuisance or danger) to ban rallies for the purpose of holding the HCBA elections in the Srinagar District Court building and elsewhere.
“I, District Judge, Srinagar, by virtue of the powers conferred under Section 144 of the Code of Criminal Procedure, do hereby order that until further orders, no assembly of more than four persons shall be permitted in the District Court Complex, Muminabad, Batmaloo or at any place for the purpose of election to the J&K High Court Bar Association Srinagar,” it said. He stated the order passed on June 25.
These restrictions were imposed based on a report submitted on June 24 by the Senior Superintendent of Police (SSP) of Srinagar, which expressed concern that security issues may arise if the HCBA elections are held.
Prior to the SSP report, a letter sent by the Kashmir Advocacy Association (KAA) to the district governor had alleged that the HCBA was spreading separatist ideology.
The KAA alleged that the HCBA in Srinagar is an unregistered organisation and sought a ban on holding the HCBA elections.
The KAA, currently headed by lawyer Waseem Gul, also said holding the HCBA elections would threaten public order, lead to skirmishes between different sections of lawyers and may result in law and order disturbance.
After receiving communication from KAA, the district magistrate sought a detailed report from the SSP, Srinagar.
The SSP then submitted its report stating that while HCBA advocates for a “peaceful resolution of the Kashmir issue”, it has a history of promoting separatist ideology, intimidating the legal profession and other stakeholders and providing free legal assistance to anti-national elements.
The SSP added that if the HCBA elections are allowed to go ahead, there is a very real risk of disruption of security and law and order.
Following this report, the district magistrate issued a Section 144 order staying the Bar Council elections till further orders.
Any violation of the order will attract disciplinary action under Section 188 (disobedience to order duly issued by public servant) of the Indian Penal Code (IPC), the district magistrate added in his order.
Earlier, on June 12, the HCBA in Srinagar had constituted a six-member election committee to conduct the annual elections.
In a related development, former HCBA president Mian Qayoom was arrested on Tuesday morning for his alleged involvement in the 2020 assassination of lawyer Babar Qadri.
