Notice issued to J&K HCBA to explain terming “Kashmir a disputed territory”

Section 18 of Public Safety Act Unconstitutional after scrapping of Article 370; HC seeks govt response

Srinagar District Magistrate Shahid Iqbal Choudhury issued the notice to Jammu and Kashmir High Court Bar Association (JKHCBA) (through its President), asking them to explain its Constitution which terms Kashmir as disputed territory. Association has also been directed to submit documents in relation with the Srinagar deputy commissioner, along with its Article of Association and registration papers, registered office, executive body, and also validity of registration among other details.

The Order says that Section 144 CrPC is being imposed in district court premises on account of police report on election that- “non-response from JKHCBA on ritical issues; and apprehensions of breach of public order”.

On this account the Association was even barred from holding its elections scheduled on November 10th by the Srinagar District Administration.

The court ordered that – “To find ways and means, take steps, for resolving the issues concerning the public at large including larger issue of peaceful settlement of Kashmir dispute; and for this purpose organise seminars, conventions, delegate its members to various places within and outside India, to become members of others Associations, Bodies or Forums which share common outlook with associations.” It further said that – You are required to explain position on the subject, since the above is not in consonance with the Constitution of India, whereby J&K is an integral part of the Country and not a dispute; and also it is in conflict with The Advocates Act, 1961

the DM also said that he has received representation from advocates of the Jammu and Kashmir High Court which shows that serious allegations have been brought up and concerns are raised regarding the election process and the motive behind it.