Srinagar: The Authorities of Jammu and Kashmir has, for the primary time since 1989, filed a file of “skilled misconduct” and indulgence in secessionist actions towards three main attorneys, together with the previous president of the Excessive Court docket bar affiliation of Kashmir, Mian Abdul Qayoom, earlier than the Jammu and Kashmir Excessive Court docket, looking for acceptable motion towards them beneath the Advocates Act, 1961.
The three-judge Disciplinary Committee of the Excessive Court docket has said: “Having gone by means of the contents of the criticism and materials positioned on document, we’re of the view that, prima facie, the allegations levelled by the Regulation Secretary towards the three Advocates represent skilled and different misconduct.”
It issued notices to the three advocates for his or her reply by or earlier than the subsequent date of listening to on December 17. It additionally issued discover to the complainant Union Territory Regulation Secretary Achal Sethi’s and the Advocate Basic DC Raina.
This might nicely be the start of the method of cancellation of the licences to follow regulation of the three main advocates of the so-called ‘Azadi’ in Kashmir.
On Sethi’s criticism and orders of the disciplinary committee — comprising Justice Sanjeev Kumar, Justice Sanjay Dhar and Justice Mohammad Akram Choudhary — the Excessive Court docket registry has summoned senior advocates Mian Abdul Qayoom, Nazir Ahmad Ronga and Ghulam Nabi Thoker alias Shaheen for his or her clarification. Authorized consultants consider that dissatisfaction of the disciplinary committee, within the absence of a Bar Council which doesn’t exist in J&Ok, might straightaway result in termination of the licences of the respondents.
Messers Qayoom, Ronga and Shaheen have functioned as presidents of Excessive Court docket Bar affiliation of Kashmir (HCBA) which was a common council constituent of the separatist All-Social gathering Hurriyat Convention (APHC) from 1993 until the amalgam’s break up in 2003. Pursuing Hurriyat’s ideology, holding demonstrations for ‘Azadi’ and euphemistically calling for a “decision of the Kashmir dispute beneath the UN resolutions or tripartite talks”, HCBA operated as a person organisation after 2003 and didn’t be a part of both of the 2 factions of the Hurriyat Convention. Nonetheless, neither the Hurriyat nor HCBA have been banned until date. Qayoom, Ronga and Shaheen have been summoned as particular person authorized practitioners.
The Authorities’s motion towards the highest separatist attorneys, after establishing management on all different important platforms of so-called Azadi after the erstwhile State’s reorganisation in August 2019, is exceptional because it might nearly bury the motion of secessionism in Kashmir’s authorized fraternity. Whereas Qayoom has been a staunch supporter of the late hardliner Syed Ali Shah Geelani, Ronga has been in shut proximity of the pro-Azadi Mirwaiz Umar Farooq.
Following advocate Babar Qadri’s assassination in Srinagar on 24 September 2020, the UT Authorities didn’t allow HCBA to carry its elections. Srinagar District Justice of the Peace noticed that the affiliation was allegedly pursuing separatist exercise.
The Regulation Secretary’s criticism incorporates references to particular statements, actions and demonstrations of the three senior advocates as additionally the FIRs registered towards them sometimes since 1990. It additionally incorporates Qayoom’s audacious assertion earlier than Justice Yaqoob Mir on 7 April 2010 when the previous HCBA chief mentioned, throughout his cross examination by advocate Sheikh Shakeel Ahmad, that he didn’t consider within the Indian Structure and didn’t contemplate himself as an Indian nationwide. The HCBA had filed a contempt criticism towards the then Superintendent of Kot Bhalwal Jail of Jammu, Mirza Saleem Beg, who didn’t permit Qayoom and his associates to satisfy some detained militants and separatists as per the date and timing of their alternative.
The criticism based mostly on a file of the regulation enforcement businesses says that in 1990, Qayoom brazenly got here out in help of the secessionist motion and introduced a memorandum to UNMOGIP Headquarters at Srinagar. He was solely chargeable for forming the HCBA, drafting its structure and making it a constituent of the APHC. It identified that HCBA’s structure supplied in its goals and goals “to safe secession of J&Ok from Union of India”.
An in depth investigation carried out by the regulation enforcement businesses has mentioned that in April 2005 Qayoom made a public assertion brazenly supporting terrorists and saying that armed battle ought to proceed until the objective of “azadi” was achieved. It mentioned that in December 2007, Qayoom attended a seminar titled “Qaid e Azam” organised by Muslim League to commemorate the start of the Pakistan founder Mohammed Ali Jinnah.
“In June 2008 Qayoom performed a key position in instigating the folks towards the Authorities in the course of the Amarnath Land row. In October 2008, he led a procession as much as Lal Chowk elevating slogans in help of freedom. In March 2009, he said that Kashmiri folks ought to be happy with 18 “Mujahideen” who sacrificed their lives at Kupwara, the report mentioned.
Mian Qayoom and J&Ok Excessive Court docket Bar Affiliation within the title of free authorized assist, defend the instances of all of the terrorists and stone pelters. Qayoom claims that the help is given freed from value. Nonetheless, reviews contrarily counsel that Qayoom attracts large sums from Pakistan and terrorist group for combating their instances.
Heading the authorized cell established and funded by Pakistan’s ISI, he together with a battery of attorneys together with late Advocate Shafqat Hussian would plead and safe beneficial choices in all instances pertaining to entities concerned in terrorism and secessionism since 1990,” the regulation enforcement businesses’ investigation has noticed. Questions have been raised over Qayoom and others attending the funeral processions and visiting the residences of the militants killed in encounters with the safety forces.
“In February 2009, Shaheen whereas talking in a seminar requested the self-styled separatist management to shun their variations and battle unitedly for seceding J&Ok from Union of India,” the investigation has revealed. It mentioned that in the course of the Amarnath Shrine Board land row in 2008, Ronga performed an energetic position in scary folks. He additionally threatened advocates for showing earlier than courts in the course of the Hartal name given by the HCBA, it added.
