SRINAGAR: In a significant development, the Jammu and Kashmir High Court Bar Association (JKHCBA) has revised its constitution, removing a paragraph that previously called for “working towards a peaceful settlement of the Kashmir dispute.” This change, as exclusively reported by The Hindu, marks a notable shift in the Bar’s objectives.
The amended constitution now focuses primarily on promoting the rights and interests of the legal profession and its members. The change comes five years after a formal letter from the District Magistrate in 2020 sought an explanation for a paragraph in the Bar’s erstwhile constitution that included the objective of resolving Kashmir. The District Magistrate had argued that this was not in alignment with the Constitution of India, which regards Jammu and Kashmir as an integral part of the country.
The Bar’s recent letter, dated July 5, highlights that the amendments were also influenced by the Supreme Court’s judgment on Article 370 provisions on December 23, 2023. The Bar acknowledged its involvement in legal challenges against the constitutional changes enacted in August 2019.
The Jammu and Kashmir’s Lieutenant Governor’s administration has consistently declined permission for the JKHCBA to hold elections over the past five years, citing various reasons including law and order concerns and the COVID-19 pandemic. The District Magistrate of Srinagar’s latest order in June described the Bar as “an unregistered association/body” with a “secessionist ideology.”
In its response, the JKHCBA insisted on its nearly hundred-year history and its integral role in promoting the legal justice system. The Bar’s letter expressed strong objections to what it described as “demonisation” and “maligning” of the association, which it claimed was founded on heresy and motivation.
The Bar’s letter underscored the fundamental right of citizens to form associations under Article 19 (1)(c) of the Constitution of India. It argued that restrictions imposed under Section 144 were aimed at preventing the Bar from electing its office bearers and threatened its existence. The JKHCBA called for the lifting of these curbs to allow the association to conduct its affairs and elections freely and fairly.
With approximately 3,000 lawyers from all districts of the Kashmir Division, the JKHCBA asserted its constitutional right to run its affairs and conduct elections, aiming to re-energise its executive body with new faces and renewed goals.
Nazir Ahmad Ronga is currently the ad hoc chairperson of the body. Its long-time president Mian QAbdul Qayoom is in jail in a murder case.
Special Judge NIA Jatinder Singh Jamwal has granted a 15-day judicial remand forQayoom, who was arrested on June 25 for his alleged involvement in the 2020 murder conspiracy of advocate Babar Qadri. Qayoom, a practising lawyer with over 40 years of experience, opposed the extension of police remand but did not contest judicial custody, requesting to be lodged at Central Jail Kot Bhalwal for better medical care. However, the court decided on District Jail Jammu, with assurances of adequate medical facilities. The court directed that Qayoom be produced on July 20 and receive necessary medical examinations and care.
