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news details
One single Govt Notice puts Kashmir Bar Association in quandary
Lawyers body prefers escape route, defers elections indefinitely
11/11/2020 12:18:27 AM
Early Times Report

Jammu, Nov 10: A single page letter shot by Srinagar’s Deputy Commissioner seems to have put the Bar Association of Kashmir into quandary, leaving it with no option but to defer its elections for an indefinite period.
The Bar elections were scheduled to be held on Tuesday- November 10. However, after a letter was dispatched by Srinagar’s Deputy Commissioner to the association asking it to explain whether it considers Kashmir as a dispute or India’s integral part caused the jittery, leaving it with no option but to postpone the elections.
As per the reports gathered from local news sources, a notice sent to the Bar Association by DC Srinagar read that Jammu and Kashmir HCBA has reportedly circulated a press note convening election for various office bearers of association at Srinagar on November 10. “The JKHCBA Srinagar constitute states the following as its first objective: to find ways and means take steps for resolving the issues concerning public at large including larger issues of peaceful settlement of Kashmir dispute and for this purpose organize seminars, conventions, delegate its members to various places within and outside India to become members of other associations, bodies or forums which share common outlook with the associates,” the notice issued to the J&KHCBA had read.
“You are required to explain your position on the subject, since its not in the consonance with the Constitution of India, whereby J&K is an integral part of the country and not a dispute; and also in conflict with the Advocates Act 1961 which governs the subject vis-à-vis administrative legal points.”
Furthermore, the notice reads: The matter was examined in view of issues related to the subject. The Advocates Act, 1961 defines the details related to required qualifications, admission of advocates on roll, preparation and maintenance of the role, determining issues related to misconduct, safeguarding right, privileges and interests of advocates on roll, promote and support law reforms, constitute fund for financial assistance and legal etc and a host of other measures related to delivery of justice as well as welfare of advocates on roll”.
The bar while acknowledging that it received the notice from the government stated that it would deliberate over the issue in detail and will come up with the response accordingly. Hours later, the association stated that it has decided to postpone the elections.
“We have decided to defer the elections. New date is yet to be fixed,” Election Commissioner of J&KHCBA said in a statement.
This is interestingly for the first time that such a vital development has been witnessed wherein Bar had to defer its polls as the government swung into action, asking from the lawyers’ body reveal its credentials. “It is like making the skeletons tumble out of the closets that were so far shut. The government action has left the body in doldrums and has left it in a fix,” says a senior advocate here.
What remains to be seen is whether the government would remain adamant in asking the Kashmir’s Bar Association for its stand- elections or no elections?
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