Section 144 CrPC invoked to halt Jammu and Kashmir High Court Bar Association elections

The Jammu and Kashmir administration on Tuesday imposed restrictions under Section 144 of the Code of Criminal Procedure (CrPC) in the district court premises at Srinagar to halt elections for office bearers of the Jammu and Kashmir High Court Bar Association, Srinagar (HCBA)..The District Magistrate of Srinagar invoked Section 144 (power to issue order in urgent cases of nuisance or apprehended danger), CrPC to prohibit gatherings at the Srinagar district court complex or any other place for the purpose of holding the HCBA elections. "I, District Magistrate Srinagar, by virtue of powers vested in me under Section 144 CrPC order that no gathering of four or more persons shall be allowed in the premises of District Court Court Complex, Moominabad, Batmaloo or at any place for the purpose of J&K High Court Bar Association Srinagar elections till further orders," stated the order passed on June 25..These restrictions were imposed based on a June 24 report submitted by the Senior Superintendent of Police (SSP), Srinagar, who raised concerns that law and order issues may arise if the HCBA elections are held.The SSP report was preceded by a communication sent to the District Magistrate by the Kashmir Advocate Association (KAA), which alleged that the HCBA was propagating secessionist ideologies.The KAA claimed that the HCBA, Srinagar is an unregistered association, and called for a ban on conducting the HCBA elections. The KAA, which is presently helmed by advocate Waseem Gul, also said that conducting the HCBA elections could threaten public order, lead to scuffles between various sections of lawyers and result in a breach of peace..After receiving the KAA's communication, the District Magistrate sought a detailed report from the SSP, Srinagar.The SSP then submitted a report stating that while the HCBA has advocated for a "peaceful settlement of the Kashmir issue", it also advanced a secessionist ideology, had a track record of intimidating members of the legal fraternity and others and has provided free legal aid to anti-national elements.The SSP added that there is every apprehension that a breach of peace and law and order situation would ensue if the HCBA elections are allowed to be conducted..In view of this report, the District Magistrate proceeded to issue a Section 144 order to halt the bar body's elections till further orders. Any violation of this order would invite punitive action under Section 188 (disobedience to order duly promulgated by public servant) of the Indian Penal Code (IPC), the District Magistrate added in the order.Earlier, on June 12, the HCBA at Srinagar had constituted a six-member election commission to hold its annual elections..On a related note, former HCBA President Mian Qayoom was arrested on Tuesday morning in a case concerning the 2020 assassination of advocate Babar Qadri.