Legally Speaking

Jammu And Kashmir High Court Stayed DM Order Restricting Bar Elections Was Not Required, Will Impede Court Election

The Jammu and Kashmir High Court Bar Association, HCBA has issued the statement wherein criticising the order of DM of stalling bar elections in light of alleged clashes took between the HCBA and a group of lawyers.
The allegations were denied by HCBA that it threatened the members of a rival faction Kashmir Advocates Association, KAA and disrupted the meeting of them. It has also been stated by HCBA that it defends the right of any person to form groups, Associations and hold meetings within the ambit of law.
It has also been stated by the DM that an order is imposed wherein restricting under Section 144 of Code of Criminal Procedure on the holding of elections to the HCBA without considering that the allegations are false and malicious.
However, it has also been claimed before the court that HCBA has not issued any election notice yet and the DM’s order is speculative, not required.
The HCBA’s press reads that the orchestrated episode is not only aimed at maligning the Bar association but also has misled the state authorities who has acted without proper inquiry and issued order as stated under section 144 of Code of Criminal Procedure which was neither being required and nor being justified and will become impediment in the functioning of Court and Administration of Justice.
Therefore, the HCBA stated that if any election process is conducted, it will be done only after the constitutional review committee gives its opinion.

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