In a bid to prevent potential unrest and maintain public order, the District Magistrate of Srinagar has enforced Section 144 of the Criminal Procedure Code (CrPC), imposing restrictions on the J&K High Court Bar Association (JKHCBA) elections. The order, which prohibits gatherings of four or more people at designated locations, has been met with controversy due to concerns over the association's alleged secessionist ideology.
District Magistrate Aijaz Asad issued the order, citing an "emergent situation" that could result in a breach of peace and disruption of public order if the scheduled JKHCBA elections proceeded as planned. The decision to invoke Section 144 was based on a recent scuffle between members of the JKHCBA and the rival Kashmir Advocates Association (KAA). The rival associations have a history of tensions and internal rivalries, which have escalated into physical altercations in the past.
The District Magistrate's order also drew attention to the JKHCBA's constitution, which includes the objective of seeking ways to resolve issues concerning the public, including the larger matter of the peaceful settlement of the Kashmir issue. This objective raised concerns among security agencies, who view it as a propounding of secessionist ideology. The DM highlighted that no response had been received from the JKHCBA in regard to the constitution's compatibility with the sovereignty and integrity of the country.
Furthermore, the order revealed that the JKHCBA is not a registered body, whereas the KAA has been confirmed as a registered association under the Societies Registration Act, 1860. The District Magistrate directed the Senior Superintendent of Police, Srinagar, to ensure compliance with the order, warning that any violation would invite punitive action under Section 188 of the Indian Penal Code, 1860.
The JKHCBA, which has been postponing elections since 2019, was planning to conduct elections this month. However, due to the prevailing circumstances and the order issued by the District Magistrate, the association's electoral process has been put on hold indefinitely. The decision has stirred debate among legal professionals and the public regarding the freedom of association and the balance between maintaining public order and upholding democratic processes.
It remains to be seen how the situation will develop, as the controversy surrounding the JKHCBA's alleged secessionist ideology and its constitutional objectives continues to spark concern among security agencies and the authorities. Meanwhile, legal experts and stakeholders are closely monitoring the situation, hoping for a resolution that respects both the principles of democracy and the maintenance of peace and stability in the region.
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