Government order bars conduct of Bar Association elections in valley

“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”.

A senior advocate at the Srinagar High court, who is also part of the Ad-hoc body, told The Indian Express that there was no proposal to conduct elections and the aim of the new order is to make the Bar Association “dysfunctional’.

“During one of recent meetings, a representation was made that elections for the Bar Association should be conducted. Only that was discussed,’ he said. ‘There was no proposal to conduct any elections as of now”.

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.

The order says that there are apprehensions of “breach of peace” if the elections to the Bar Association are held.

“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. “Senior Superintendent of Police, Srinagar has highlighted that 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”.

The Deputy Commissioner Srinagar has asked Senior Superintendent of Police to ensure that it’s order is implemented saying any violation of the orde would invite punitive action.