Srinagar Admin Imposes Restrictions Under Section 144 CrPC On J&K High Court Bar Association Elections, Gathering Of 4 Or More Prohibited
The District Magistrate in Srinagar has imposed restrictions under Section 144 of the Criminal Procedure Code (CrPC) on the holding of elections to the J&K High Court Bar Association (JKHCBA) Srinagar and warned of punitive action in case of gathering of four or more people at District Court Complex, Mominabad, Batamaloo, or any other location for the purpose of the HCBA elections...
The District Magistrate in Srinagar has imposed restrictions under Section 144 of the Criminal Procedure Code (CrPC) on the holding of elections to the J&K High Court Bar Association (JKHCBA) Srinagar and warned of punitive action in case of gathering of four or more people at District Court Complex, Mominabad, Batamaloo, or any other location for the purpose of the HCBA elections until further notice.
The order in effect bars the holding of elections on ground. District Magistrate Aijaz Asad claimed 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".
"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, Mominabad, Batamaloo or any other place for the purpose of conduct of HCBA elections till further orders," the DM said in the order.
While the order refers to a recent scuffle between the JKHCBA members and the members of a rival faction Kashmir Advocates Association (KAA), the JKHCBA has been under scrutiny of the security agencies in Kashmir for propounding "secessionist ideology".
In his order, the DM also pointed to an earlier notice issued to the JKHCBA President and its Election Committee seeking explanation from them in respect of the association's constitution which mentions the following as its first objective: "To find ways and means, take steps, for resolving the issues concerning public at large including larger issue of peaceful settlement of Kashmir issue and for this purpose, organize seminars, conventions, delegate its members to various places within and outside India, to become members of other Associations, bodies or forums which share common outlook with Association"
The DM said no response has been received till date, "particularly on the matter of the JKHCBA Constitution being anti-thetical to sovereignty and integrity of the Country".
The order also states that the JKHCBA is not a registered body, while the rival KAA has been confirmed as a registered association under the Societies Registration Act, 1860. Directing Senior Superintendent of Police, Srinagar to ensure implementation of the order, the DM said that any violation of this Order shall invite punitive action under Section 188 of Indian Penal Code, 1860.