Hriday Shah
On 5th of July, 2024, J&K High Court Bar Association (JKHCBA) issued a letter stating the Constitution of JKHCBA of was amended and a constitutional paragraph was expunged peaceful settlement of the Kashmir dispute that now the new Constitution of JKHCBA is now majorly concerned with the rights and interests of the legal profession and members of the association. It is reported that the lawyer body currently comprises of 3,000 members.
In 2020, the District Magistrate sought an explanation for a paragraph in the Constitution which read as follows, “(that the Bar) will find ways and means and take steps for resolving the issues concerning the public at large including the larger issue of a peaceful settlement of Kashmir dispute.” The District Magistrate further stated that the paragraph was not parallel with the Constitution of India, and that J&K is an integral part of India and not dispute.
JKHCBA, vide their letter dated 5th July, 2024, notified the amendments in the JKHCBA’s Constitution and stated that some amendments were necessary after the Supreme Court judgment regarding provisions of Article 370 dated 23rd December, 2023, and that these amendments were accordingly made.
J&K Lieutenant Governor’s administration declined the JKHCBA to hold elections for the last five years, giving reasons of COVID – 19 and fears relating to Law and Order. The District Magistrate pointed out that the JKHCBA is an unregistered body having secessionist ideology. The Bar replied to the same in their letter stating it is over a hundred years old and has a rich history and work to promote the legal justice system of India and were stated that the statements were highly unacceptable.
JKHCBA further added how a recent government order placing restrictions on Section 144 of CrPC were placed for the sole purpose of stopping the Bar from electing office bearers. The Bar contended that they had the fundamental right under Article 19(1)(c) of the Constitution of India to form associations. Therefore, their rights cannot be violated by imposing curbs on its functioning. The Bar further highlighted that they have the right to run the association’s own affairs and conduct elections and this right is guaranteed by the Constitution of India. They further added that there was no reason why elections for Bar Association cannot be conducted peacefully, freely and fairly and the excuse of breach of public order was imaginary and baseless.