District Admin Srinagar Puts J&K High Court Bar Association's Kashmir Elections On Hold Due To Security Concerns

The order in effect bars the holding of elections on ground. District Magistrate Bilal Mohi-ud-Din Bhat 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.

In his order the DM has also highlighted a communication from Kashmir Advocates Association, KAA (A parallel Bar Association) wherein they had raised various concerns with respect to legality and authenticity of the Jammu & Kashmir High Court Bar Association Srinagar citing various reason as propagating secessionist ideology.

The KAA had also expressed that conducting of J&K High Court Bar Association Srinagar election will threaten public order and lead to scuffle among various sections of lawyers during the elections resulting in breach of peace and disturbance of law and order.

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.

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