High Court Dismisses Plea Challenging Amendment to Public Safety Act By 'J&K Bar Association, Srinagar' Due To Lack of Locus Standi

The petition, originally filed by Advocate Arshad Andrabi on behalf of the Bar Association, was challenged on several grounds, with the primary objection being the maintainability of the petition.

The respondents, represented by Advocate General D.C. Raina, argued that the Bar Association was not authorized to file the petition. Raina stressed that the petitioner is neither an authorized association nor has been registered under the Jammu and Kashmir Societies Registration Act, therefore, the present petition/PIL is not maintainable.

Concurring with the arguments raised by the respondents the court recorded that the petitioner had failed to demonstrate that the association was a registered society and this omission was considered fundamental to the dismissal.

Highlighting the deficiencies, the court observed,

"The petitioner has not attached any certificate showing that the petitioner is a registered society. On this ground only, the present PIL is not maintainable as the petitioner-association has no locus to file the same in the name of Jammu and Kashmir High Court Bar Association, Srinagar."

Additionally, the court took note of the procedural rules governing the filing of PILs in the High Court. Rule 24(4)(VII) of the Writ Proceedings Rules, 1997, mandates that petitioners make prior representations to the relevant authorities before approaching the court unless the situation demands urgency. However, the petitioner failed to adhere to these prerequisites, further undermining the petition's validity, the court pointed.

Based on these findings, the court dismissed the PIL, stating,

"In view of the stand taken by the respondents in the counter affidavit and the submissions made by Mr. D.C. Raina, learned Advocate General, this Public Interest Litigation is not maintainable as the petitioner-association has no locus standi to file the same in the name of J&K High Court Bar Association, Srinagar, and as such, the same is dismissed accordingly."

Case Title: J&K High Court Bar Association, Srinagar, through, Arshad Andrabi Vs State Of J&K

Citation: 2024 LiveLaw (JKL) 285

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