A special wing of the Jammu and Kashmir Police arrested the High Court Bar Association’s 15-time president in the Babar Qadri murder case, a development that coincided with the denial of election to the association for the fifth consecutive time, reports Syed Shadab Ali Gillani
After a four-year hiatus, the Jammu and Kashmir State Investigation Agency (SIA) announced a breakthrough in the murder case of lawyer-TV debater Babar Qadri, by arresting Mian Abdul Qayoom. A prominent lawyer and twelve-time president of the Jammu and Kashmir High Court Bar Association (HCBA), Qayoom was stated to be the “prime accused” in the case. Interestingly, Qayoom has survived an assassination attempt in 1995, hitherto investigated.
The arrest, SIA indicated was the competition of the investigations, which started soon after the sensational murder case. In 2022, the Jammu Kashmir police conducted raids at the residences of Qayoom and two other lawyers in connection with the assassination case, seizing digital devices and documents.
The SIA, however, took over the investigation in the murder case in July 2023 and in September 2023 the SIA announced a financial reward of Rs 10 lakh for information leading to individuals responsible for Qadri’s murder.
In January 2024, the High Court transferred the case to a Jammu court from Srinagar. “For a fair and impartial trial of a criminal case, it is imperative that the witnesses are in a position to depose in an atmosphere, which is free and not hostile,” the court ruled. The order came on an application moved by the SIA, asserting that no lawyer from Srinagar was willing to render legal assistance due to the involvement of some influential lawyers based in Srinagar.
Finally, on June 25, 2024, Mian Qayoom was arrested for his alleged involvement in the murder conspiracy of Babar Qadri. He was taken to Jammu where a special court remanded him to police custody till July 1.
The Slain Lawyer
On September 24, 2020, Babar Qadri was killed by two young men who barged into his home in Hawal, Srinagar. He had received two bullets – in the head and chest, and died on the spot, near the staircase of his Hawal residence. Babar was 41 years old at the time of his assassination and is survived by his wife, a homemaker, and two daughters.
Interestingly, before his death, Qadri published a video on the social media platform Facebook criticising Qayoom’s political activity within the Bar Association. In the video, Qadri accused Qayoom of employing threats and pressure to influence Bar politics since 1990, urging integrity and dignified political behaviour.
Barely two days before his death, Qadri raised concerns about his safety on X, formerly Twitter. He shared a screenshot of a communication from Shah Nazir, who commended Qayoom for his contributions to the legal community while condemning Qadri. In truth, he had urged the police to open a case and conduct an investigation.
Qadri has been very active since his university days. He has been a student activist at the University of Kashmir and is keen to join politics. With some friends, he had set up a Lawyers Club that would appear in the cases of people arrested for security reasons including stone pelters and juveniles. He had visited Pakistan earlier too. His Bar membership was under suspension – apparently after he floated a political party, and that had created differences between him and the bar leadership. He was also seen as a television panellist mostly on The Republic TV.
Babar was the son of Syed Mohammad Yasin Qadri, who had migrated to Srinagar during the early nineties from Sheikhpora-Tarhama, a Tangmarg village. Yasin was affiliated with Jamaat-e-Islami, now banned for more than five years now. Interestingly, Babar was married to the daughter of Dr Ghulam Qadir Wani of Bandipora who was assassinated in mysterious circumstances earlier. Dr Wani was basically from Jamaat – he was the Secretary-General of the Muslim United Front (MUF). After Jamaat sacked him, he spent some time with the banned JKLF too.
Mian Abdul Qayoom
Mian Qayoom is a senior advocate from Srinagar who started practising law in 1974. He was associated with the All Party Hurriyat Conference and reportedly with Jamaat-e-Islami, too.
Qayoom had a long tenure as the president of the Jammu and Kashmir High Court Bar Association, Srinagar, and spanning over two decades. He resigned from the post in October 2020. Qayoom is the father-in-law of Justice Javed Iqbal Wani, serving at the Jammu and Kashmir and Ladakh High Court.
Earlier, Qayoom was arrested under the Jammu and Kashmir Public Safety Act on July 7, 1978 and July 18, 2010 respectively. Soon after detention, Qayoom was taken to Hiranagar Jail in Jammu. He had a long jail term soon after the militancy started in 1989 when he was part of a newly floated political outfit.
On the evenings of August 4 and 5, 2019, Qayoom was again taken into custody from his place of residence in Srinagar and thereafter sent to Central Jail in Agra. Now he is in jail again, this time, in a serious case. Reports appearing in the media suggest Qayoom is also facing probe in various cases as he is named as an accused in five criminal cases.
The Bar Polls
Whether or not the two events are linked, the fact is that within a few hours after Qayoom’s arrest, the polls for the lawyer’s body were banned by the Srinagar administration. The reason stated was that the body was unregistered.
This is the fifth time that the J&K High Court Bar Association (JKHCBA) elections are prevented citing “secessionist ideology” and “free legal aid to anti-national elements” as among the reasons.
The lawyers had issued a fresh notification on June 11, to start the process of elections. In 2020, the Bar had started a similar process but was denied permission.
“I have perused all the facts/reports and inputs of the matter placed before me and am satisfied that there is an emergent situation which can lead to a breach of peace and disruption of public order, (if) the JKHBA, Srinagar, proceeds forward with the scheduled elections,” the Srinagar district magistrate said in his latest order.
The order issued by the DM, who is also the deputy commissioner, stated that conducting the HCBA election will “threaten public order and lead to a scuffle among various sections of lawyers, resulting in breach of peace and disturbance of law and order”. The DM stated that on June 20, he requested a detailed ground report from the senior superintendent of police (SSP), Srinagar, as well as information about the HCBA’s registration status from the Registrar of Societies in Kashmir. The Registrar of Societies, Kashmir reported that the HCBA, Srinagar is not registered with its office.
“Whereas, SSP-Srinagar in his report dated June 24, reveals that JK HCBA Srinagar is advocating for a ‘peaceful settlement of Kashmir issue’ and has a secessionist ideology and had a record of intimidating members of the legal fraternity and others who adhere to the ideology of its members and are providing free legal aid to anti-national elements,” the order read.
The SSP’s report further stated that there is “every apprehension of a breach of peace and a law-and-order situation” involving members of the Kashmir Advocates’ Association and the HCBA if the aforementioned election is permitted to take place. The DM stated that a notification was issued to the HCBA in 2023 for clarification on its constitution, which specifies that its first aim is “to find ways and means, take steps for resolving the issues concerning the public at large, including the larger issue of a peaceful settlement of the Kashmir issue”. The HCBA was asked to explain its view on the subject, as it is inconsistent with the Indian Constitution and the Advocates Act of 1961.
According to the order, the DM’s office requested certificates of registration granted by the appropriate body, but the HCBA did not respond.
“Whereas, I have perused all the facts/reports and inputs of the matter placed before me and I am satisfied that there is an emergent situation which can lead to a breach of peace and disruption of public order, if JK HCBA, Srinagar proceeds forward with the scheduled elections. Therefore, I, District Magistrate, Srinagar, by virtue of powers vested in me u/s 144, CrPC order that no gathering of four or more persons shall be allowed in the premises of the District Court Complex, Moominabad, Batmaloo or at any place for the purpose of JK HCBA, Srinagar election till further orders,” the order read.
“Since the emergence of the situation is sudden and its consequences are sufficiently grave, therefore, the order is hereby passed ex-parte. The SSP, Srinagar shall ensure the implementation of this order in letter and spirit,” it added. Any violation of the order will result in penal action under Section 188 (disobedience to an order validly published by a public official) of the Indian Penal Code (IPC), the order stated.
The ban on the bar association elections triggered a reaction from former Chief Minister Mehbooba Mufti, who took to her X handle and said: “The ban on JKHCBA elections based on unsubstantiated allegations of secessionist ideology is a brazen violation of democratic principles and the fundamental right to association.” She also commented on Qayoom’s arrest: “It is a concerted attempt to silence any and all forms of dissent. A pattern that we have seen repeated often since August 2019. There has been a vicious crackdown on every element and organisation of JK’s civil society to instil a sense of fear. Demand an immediate and thorough explanation as well as the rationale for both the election ban and Mian Qayoom’s arrest to ensure justice is done.
Now that the high-profile murder case has seen a new twist in its proceedings, it remains to be seen how the law will take its course and what turn the case will take in the coming days.
Post Script
Days after preventing the elections of the Bar Association, the Jammu, Kashmir and Ladakh High Court on Saturday recognised a new lawyers’ body in Kashmir, the Kashmir Advocates Association (KAA), by exercising powers under Section 58 of the Bar Council, which was extended to Jammu and Kashmir after the abrogation of Article 370 in 2019.
“This recognition marks a historic milestone, as the KAA becomes the first and only Advocates Association/Bar Association to receive such acknowledgement from the Bar Council of Jammu and Kashmir and the Hon’ble High Court of J&K&L,” the KAA said in a statement. “The KAA is committed to work for the welfare of legal professionals practising in different courts of the Union Territory. By addressing the needs and concerns of its members, the association aims to enhance the professional environment and ensure their well-being.” A day later, the KAA members called on LG Sinha.
The Bar Council was introduced to Jammu and Kashmir after its special status was abrogated in 2019 to bring the courts at par with the rest of the country. Unlike the rest of the country, the Bar Council in Jammu and Kashmir has not seen elections yet.
