Clarify Your Position On Terming Kashmir A Disputed Territory: Srinagar District Administration To J&K High Court Bar Association [Read Order]

Srinagar District Magistrate Shahid Iqbal Choudhury issued the notice Bar Association (through its President), asking them to explain its Constitution which terms Kashmir a disputed area.

The Bar Association has also been directed to submit relevant documents with the Srinagar deputy commissioner, including its Article of Association and registration papers.

The Notice issued to the Bar Association cites Association's Constitution, which states among its objectives, "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."

In this context, the Notice further says,

"You are required to explain position on the subject, since the above is not in consonance with the Constitution of India, whereby J&K is an integral part of the Country and not a dispute; and also it is in conflict with The Advocates Act, 1961"

As stated, in the Notice, the Association has also been asked to produce the relevant documents indicating the date of issuance of such registration certificate, articles of association, registered office, executive body, and validity of registration among other details.

Section 144 Imposed in District Court Complex and other areas

Imposing prohibitory orders in the district court complex and other areas, an order has been issued by the Office of the District Magistrate, Srinagar wherein it has been stated that Section 144 CrPC is being imposed under which "no gathering of 4 or more person shall be allowed in the premises of district Court Complex, Mominabad Batmaloo or any other place for the above purpose till further orders."

The Order says that Section 144 CrPC is being imposed on account of "Police report on the subject of conduct of election, non-response from JKHCBA on critical issues; and apprehensions of breach of public order".

The Order also says that the senior superintendent of police has furnished a "detailed report" raising serious concerns and apprehension of the situation having a bearing on multiple aspects.

This Order further says that the district magistrate had also received representation from advocates of the Jammu and Kashmir High Court wherein serious allegations have been levelled and concerns raised regarding the election process and its motive.

In this context, the Order states,

"Having considered representation of the Subject and in absence of response from the J&K HCBA on the serious matter related to sovereignty and integrity of the country…It is hereby ordered that the conduct of election to JKHCBA shall not be allowed" till it clarified its position.