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Bar Association Urges Lifting of Election Ban Amid Legal and Safety Concerns

devdiscourse.com 2024/10/5

The Jammu and Kashmir High Court Bar Association has appealed to the Srinagar district administration to revoke restrictions on holding its elections. The district magistrate had banned the elections due to registration issues and potential peace breaches. The association protested the ban, citing constitutional rights and a century-long existence.

Bar Association Urges Lifting of Election Ban Amid Legal and Safety Concerns
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The Jammu and Kashmir High Court Bar Association has made a formal plea to the Srinagar district administration, urging the lifting of restrictions that prevent it from conducting its elections.

The district magistrate imposed the ban on June 25, citing the association's lack of proper registrations with the competent authority and worries about potential breaches of peace.

This ban followed the high-profile arrest of former president Mian Qayoom, who was implicated in a conspiracy to murder advocate Babar Qadri in 2020. In a letter addressed to the Srinagar District Magistrate, the Bar Association emphasized that the actions of a few should not tarnish its long-standing service to the public and its members.

Despite being characterized as illegal and unregistered, the association highlighted its century-long operations and the steps it has taken, including appointing an ad hoc chairman to manage affairs post-Qayoom's resignation in October 2020, and to organize elections after the pandemic.

The association criticized the district administration for repeatedly preventing its attempts to hold elections under the pretext of COVID-19 and public order concerns. It argued that using Section 144 of the Criminal Procedure Code to halt the elections was unjustified and unconstitutional, infringing on their fundamental right to form associations under Article 19 (1) (c) of the Constitution.

Representing nearly 3,000 lawyers, the association asserted that the restrictions should be lifted to allow free and fair elections, committing to collaborate with authorities to ensure law and order.

(Disclaimer: With inputs from agencies.)

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