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J&K HC Bar Association denied nod for polls over reference to Kashmir as a ‘dispute’

Srinagar administration has asked the J&K High Court Bar Association to clarify whether it considers Kashmir a ‘dispute’, as stated in its constitution, or an integral part of India.

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Srinagar: The Srinagar administration has barred the Jammu and Kashmir High Court Bar Association (JKHCBA) from holding its internal elections until the lawyer organisation clarifies whether it considers Kashmir a “dispute” or an integral part of India.

The Srinagar-based JKHCBA constitution refers to Kashmir as a “dispute”. This is the first time in the two decades that the JKHCBA elections have been held that it has been asked to explain its position vis-a-vis Kashmir.  

The JKHCBA had requested the Srinagar administration to grant them permission to hold its internal election, which was first delayed by the detention of its president Mian Abdul Qayoom following the Article 370 move last year and then by the Covid 19 pandemic. The elections were scheduled for Tuesday, with the Srinagar administration supposed to provide permission and logistical support such as security. 

However, in a communication to the JKHCBA, Srinagar Deputy Commissioner Shahid Choudhary stated Monday, “JKHCBA Srinagar constitution states the following as its first objective: ‘to find ways and means, take steps, for resolving the issues concerning the public at large including larger issue of peaceful settlement of Kashmir dispute and for this purpose  organise 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 associations.

“You are required to explain your position on the subject since it’s not in consonance with the Constitution of India, whereby J&K is an integral part of the country and not a dispute,” adds the communication, a copy of which is available with ThePrint.  

In a separate notice, available in the public domain, the administration prohibited JKHCBA from holding the election.

The Srinagar administration has also asked the JKHCBA to produce the certificate issued by the competent authority registering the group as an association.

Speaking to ThePrint, Choudhary defended the communication, while the chief election officer of the JKHCBA said they will respond to the notice after deliberations.


Also Read: To understand Modi’s new Kashmir reality, these 5 liberal myths need to be broken


‘Just an excuse’

Choudhary said the Srinagar administration has “simply asked” the JKHCBA for two things. “One is to clear the stand of JKHCBA on whether they consider J&K an internal part of India or a dispute. The second thing that we have asked for is the certificate of registration,” he added. 

“I have received complaints from advocates about some groups interested in holding the elections. We are looking into the matter,” he said.

Senior advocate Altaf Khan, who is among those fighting for the president’s post, described the notice as “just an excuse for not holding the elections for such an important institution”. 

“Doesn’t the United Nations consider J&K a dispute. But that is not the point here. We have been holding elections for two decades. This body is responsible for many things, including upkeep and welfare of advocates,” he said.

JKHCBA chief election officer Manzoor Ahmed added, “We have received the communication. We will deliberate and respond to it soon.”

Incumbent JKHCBA president Mian Abdul Qayoom was booked under the Public Safety Act ahead of the scrapping of Article 370 in Jammu & Kashmir last year. Qayoom has won the elections 16 consecutive times but has decided to step aside this time for health reasons.


Also Read: Modi has convinced the world Kashmir is India’s internal affair – but they’re still watching


 

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1 COMMENT

  1. Whole the region heading towards destruction slowly slowly.
    THERE IS NO LEADERSHIP THAT RESOLVE THIS BONE OF CONTENTION.
    PEOPLE OF THE REGION MUST BE ASKED THAT WHAT THEY WANT.
    OTHERWISE, THERE WILL BE NO USE OF CRYING AFTER SPLIT MILK

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