Tag Archives: Jammu & Kashmir

Jammu & Kashmir: Case vs 3 Kashmir lawyers could bring down key bastion of separatists 


Law Secretary’s Achal Sethi’s complaint to the Jammu and Kashmir High Court, seeking action under the Advocates Act, 1961, against three senior Kashmiri lawyers is unprecedented and pregnant with consequences for Kashmir’s 33-year-long separatist movement. All the three, accused of ‘professional misconduct’ and anti-national motivation, have served as Presidents of Kashmir’s High Court Bar Association (HCBA).

The latest action against the three leading advocates could well end up in cancellation of their licences if the High Court’s Disciplinary Committee is not satisfied with their explanations. It can bury the separatist activism in the Bar forever.

While senior advocate Mian Abdul Qayoom has been inclined towards the separatist hardliner Syed Ali Shah Geelani, Nazir Ahmad Ronga has lived in close proximity to Mirwaiz Umar Farooq. Ghulam Nabi Thoker alias Shaheen has also been a high profile separatist.

For 10 years, from 1993 to 2003, the HCBA functioned as a constituent of the General Council of the secessionist conglomerate ‘All-party Hurriyat Conference’ (APHC). Like the APHC, which comprised 26 political, religious, social and other organisations, including a representative union of the Jammu & Kashmir Government employees, the HCBA called for “resolution of the Kashmir dispute as per the UN resolutions of 1948-49 or tripartite talks between India, Pakistan and the Kashmiris”.

Like the APHC, the HCBA too campaigned against the alleged human rights violations by the Police and security forces against the people of Kashmir, visited the residences of the militants killed in encounters with floral tributes, contested detentions of militants and separatists in different courts and left no stone unturned to paint India, its security forces and institutions black. It enjoyed unflinching support of the separatists and the militants. At least on one occasion, a Pakistan-based jihadist outfit issued a diktat, asking a particular candidate’s rivals to withdraw nominations from the Presidential election.

When a delegation of the Pakistani journalists visited the old High Court complex in Srinagar during Mufti Mohammad Sayeed’s first term as Chief Minister, the slogans at the premises included “Yehan kya chalega: Nizaam-e-Mustafa”.

During his cross-examination by advocate Sheikh Shakeel Ahmad, in the HCBA’s contempt case against the Kot Bhalwal Jail Superintendent Mirza Saleem Beg on 7 April, 2010, Qayoom said audaciously in the court of Justice Mohammad Yaqoob Mir that he didn’t consider himself as an Indian citizen. According to a report in a local newspaper, he also asserted that he did not believe in the Indian Constitution.

Notwithstanding hundreds of such statements and demonstrations, no government disputed Qayoom or his colleagues’ credentials as licensed legal practitioners. Until today, the government has never banned either the APHC or the HCBA. 







Mian Abdul Qayoom

India/Kashmir: Lawyer’s body found hanging from tree in Budgam


An advocate was found hanging from a tree in Arath area of central Kashmir’s Budgam district on Monday morning.

“Today morning dead body of one person namely Tariq Ahmad Mir s/o Abdul Gani Mir R/o Wadwan Budgam (age about 40 yrs ) was found hanging in the orchards of village Arath Budgam by locals. A Police team headed by SHO PS Budgam and Chowki officer Soibug alongwith with FSL team visited the spot immediately. The place of occurrence was examined and dead body was taken into custody for post mortem and other legal formalities. Proceedings under section 174 CrPC have been initiated by Police, ” a police spokesman said.

Locals found Advocate Tariq Ahmad, son of Abdul Ganie Mir, a resident of Wadwan area of the district hanging from the tree following which police was informed, news agency KDC reported.

A police officer confirmed the incident and said the body will be handed over to the family for last rites after medico-legal formalities.

A case under relevant sections of law is being registered and further investigation has been set into motion, he added.


Kashmir/India: Female lawyer assaulted in Bandipora courtroom


According to the lawyers representing the opposing client, a 25-year-old junior lawyer was assaulted by the clients of the other party when the case was called up for hearing.

A female lawyer along with her colleagues was allegedly assaulted by the clients of the opposite party during the hearing of a civil dispute case before the court in north Kashmir’s Bandipora district on Saturday.

According to the lawyers representing the opposing client, a 25-year-old junior lawyer was assaulted by the clients of the other party when the case was called up for hearing.

“The assault occurred in the courtroom and three other lawyers who tried to stop the female lawyer from being assaulted were also injured,” said Adil, a local lawyer who refused to give his second name.

The female lawyer was hospitalised in a state of shock for a detailed checkup. As per the members of the Bandipora Bar Association, she has received bruises on her face and injuries in her left arm and other body parts.

A senior lawyer of the Bandipora Bar Association, Mushtaq Ahmad Malik said that they approached the Police Station Bandipora for registering an FIR against the accused.

“The accused client had previously too resorted to assault and the Bar Association has unanimously denounced the act and condemned it vehemently as three lawyers were injured,” he said.




India/Jammu & Kashmir: HC to hear Mian Qayoom petition on Oct 31

October 19, 2019

A petition challenging detention of Bar President Mian Abdul Qayoom came up for hearing Friday.
Qayoom was taken into custody after abrogation of article 35 A and 370 of the constitution of India. He was detained under public safety act (PSA) and shifted to Agra Jail.
After hearing the arguments from both side the Court listed the matter for the next hearing on October 31.



Jammu & Kashmir / India: Mobilisation of lawyers against repression in the Kashmir region

Protesting sister, daughter of Farooq Abdullah arrested in Srinagar

J&K Judiciary: A Court under Siege



Bar Association on strike, petitioners wear black gown to secure justice


India/Jammu & Kashmir: Kashmir’s crippled courts leave detainees in limbo

October 3, 2019

A Paramilitary trooper stands on guard during the shutdown in Srinagar. Kashmir valley remains shutdown for the 55th consecutive day following the scrapping of Article 370 by the central government which grants special status to Jammu & Kashmir

Thousands of people have been detained in Indian-administered Kashmir following a government move to strip the region of its special status. Worried family members have been flocking to the courts – but to little avail, reports BBC Hindi’s Vineet Khare.

Altaf Hussein Lone looked anxious as he sat on a red printed sofa in a large hall of the high court in Srinagar, the main city of Indian-administered Kashmir.

Since there is no public transport readily available, he had to pay an exorbitant amount to travel from his home in Baramulla, more than 50km (30 miles) away.

Life here has come to a standstill since the region lost its partial autonomy on 4 August. Internet and mobile phone connections remain suspended, roads and streets are largely deserted; and tens of thousands of extra troops have been deployed.

Despite government assurances that schools and offices can function normally, that has not happened. Most businesses have stayed shut as a form of protest against the government, but many owners also say they fear reprisals by militants opposed to Indian rule if they go back to business as usual.

Thousands of locals, including political leaders, businesspeople and activists, have been detained. Many have been moved to prisons outside the state.

Mr Lone was at the court looking for a lawyer to represent his brother, Shabbir, a village leader who had been arrested under the highly controversial Public Safety Act (PSA), which among other things, allows detention without formal charge for up to two years.

But he was unable to find one. Ironically, the lawyers of the Jammu and Kashmir Bar Association in Srinagar – a body representing more than 2,200 professionals – have been boycotting the courts for more than 50 days over the arrest of their present and former presidents, Mian Abdul Qauyoom and Nazeer Ahmed Ronga.

Both men were arrested under the PSA and sent to two different prisons in distant Uttar Pradesh state for “advocating secessionism” – a move that some lawyers describe as a “political vendetta”.



IOK faces 53rd day of military lockdown



https://www.protect-lawyers.com/fr/jammu-cachemire-inde-mobilisation-des-avocats-contre-la-repression-dans-la-region-du-cachemire/ (FRANCAIS)




India/Jammu & Kashmir: Prominent IOK lawyer Nazir Ahmad Ronga booked under PSA

September 26, 2019

Kashmiri Lawyer, Who Encouraged People to Vote, Detained to Prevent Protests

In occupied Kashmir, senior High Court lawyer and former Bar president, Nazir Ahmad Ronga has been booked under the black law PSA for speaking against India’s illegal and unilateral decision to revoke the territory’s special status.

Nazir Ahmad Ronga, who is also a close aide and legal adviser of Hurriyat forum Chairman, Mirwaiz Umar Farooq, was taken into custody by the Chrar-e-Sharief police station on August 9 and subsequently booked under the draconian Public Safety Act on the orders of District Magistrate, Srinagar, Shahid Iqbal Choudhary on August 17.

“You are very vocal against abolishing of Article 370 and 35(A) of the Constitution of India and also against bifurcation of erstwhile J&K state. You have led many protest marches in general and created problems in public order within Srinagar district, besides instigated youth in general and party workers and youth belonging to your community in particular,” reads the grounds of detention signed by the magistrate concerned while passing PSA detention orders against Ronga.

“The subject by way of (enjoying) influence in his community can get large number of protest(s) against the decision (abrogation of 370 &35A) taken by the Government of India,” the grounds read.

Though initially he was lodged at Central Jail, Srinagar, but later he was shifted to a jail in Uttar Pradesh, India.




Image may contain: 2 people, text

(L’Observatoire des Avocats Facebook, 29/09/19)

India/Jammu & Kashmir: IOK Bar on strike to support anti-India protests

September 26, 2019

In occupied Kashmir, 1,050 members of lawyers aassociations have gone on strike to support the protest demonstrations against Indian government’s abrogation of Article 370 and arrest of several Bar members.

Among the first arrested after the Indian government’s lockdown in the Kashmir Valley were senior functionaries of the High Court Bar Association, including president, Mian Abdul Qayoom, former president, Nazir Ahmad Ronga, president of bar association of Baramulla district court, advocate Abdul Salam Rather and president of Bar Islamabad district, Fayaz Sodagar under the black law Public Safety Act, which the Amnesty International termed repressive and draconian to stop the voice and peaceful activities of people.

All of them are being held in prisons in the Indian state of Uttar Pradesh, 1,000km away from Srinagar.

Indian police arrested over 13,000 of Kashmiris including Hurriyet leaders, activists, traders and other several political party leaders in houses and in jails in and outside occupied Kashmir.

Mir Urfi, a young female lawyer, said in Srinagar the authorities and Indian government had no valid grounds to arrest Main Qayoom, president of the bar association.

“In grounds of arrest, the police wrote: ‘We apprehend that you (referring to Qayoom) will motivate people to agitate against abrogation of Article 370′,” she said.

Objecting to the arrest of their colleagues, and to support the largest protests in the region against the Indian government’s actions, the 1,050-member lawyers’ association has gone on strike since Aug 5.






Crackdown on lawyers narrows road to justice in Kashmir

European Parliament to debate ‘Kashmir issue’ tomorrow, first time in 11 years



Kashmir in geopolitical context

India/Jammu & Kashmir: Crackdown on lawyers narrows road to justice in Kashmir

September 25, 2019

Lawyers go on strike after security forces arrest senior advocates amid unprecedented lockdown imposed on August 5.

Crackdown on lawyers narrows road to justice in Kashmir

For nearly a month, Shafia Ganai, a softly-spoken 19-year-old undergraduate student of sociology in northern Kashmir’s Bandipora, has visited the police station every day.

“The security forces took my brother Mohsin, a quarry worker, in a raid on our neighbourhood on August 16,” she said. “When I go to the station, the police ask me to come the next day, that they will release him in one or two days. But 27 days have gone past like this.

“I checked many times with the duty officer, who records the daily entries in the station. He says there is no first information report (police complaint) registered against my brother,” she told Al Jazeera.

The absence of any order for his detention makes it impossible for the family to pursue a legal case against the police or to secure Mohsin’s freedom, she said.

Police in Indian-administered Kashmir have detained more than 3,000 people and arrested over 300 after the government led by Hindu nationalist party, the Bharatiya Janata Party, stripped the region of its relative autonomy on August 5.

Those arrested include senior lawyers, making people’s legal fights difficult.

Among the first arrested after the government lockdown in the Kashmir Valley were senior functionaries of the High Court Bar Association of Jammu and Kashmir, a professional association of lawyers based in Srinagar, the main city of the Muslim-majority region.

The police arrested its president, Mian Abdul Qayoom, and its former president, Nazir Ahmad Ronga. Both are being held in prisons in the state of Uttar Pradesh, 1,000km (620 miles) away.

They were booked under the Jammu and Kashmir Public Safety Act (or PSA), under which people can be jailed for up to two years without trial.




India/Jammu & Kashmir: Even as thousands are detained in Kashmir, courts and legal system remain frozen

September 20, 2019

Even as thousands are detained in Kashmir, courts and legal system remain frozen

On September 12, Lateef Dar, a bank employee in North Kashmir’s Sopore area, made his way to the high court in Srinagar. He had not been able to contact his lawyer, Wajid Haseeb, on the phone since mobile and internet connections in Kashmir had been blocked since August 5. But he knew exactly where to go.

For the past five weeks, Haseeb has sat on the same bench, facing the entrance to the court, so that his clients know where to find him. Most are relatives of men detained by the security forces since August 5, when the Centre revoked the special status for Jammu and Kashmir under Article 370 of the Constitution and split the state into two Union Territories. As the announcement was made, Kashmir went under lockdown and thousands were detained across the Valley.

Hundreds have been held under the Public Safety Act, a stringent preventive detention law – estimates handed out by government officials of the numbers taken into custody range from 290 to 4,000. Many booked under the law have reportedly been sent to jails outside the Valley.

At a time when they are needed most, lawyers have been in short supply. Angry notices posted by the High Court Bar Association of Kashmir at the high court in Srinagar to explain why. Among the first arrests was Mian Abdul Qayoom, president of the Bar Association of Kashmir, now being held in a prison in Agra, and Nazir Ahmad Ronga, former president of the High Court bar, who was taken to Moradaba prison.

Since then, the police have booked Fayad Sodagar, president of Anantnag District Bar Association, and Abdul Salam Rather, president of the Baramulla District Bar Association, under the Public Safety Act. Lawyers based in Srinagar said Sodagar was on the run and Rather was imprisoned in Uttar Pradesh.

At the Shopian district court, lawyers said the police have detained advocate Zubair Ahmad Bhat, and his father, Mohammad Yousuf Bhat, a senior advocate and a member of the legislative assembly from the People’s Democratic Party.




Modi govt doesn’t want lawyer son-in-law of J&K ‘separatist’ elevated to HC, SC to decide




India/Jammu & Kashmir: Indian troops martyr 16 Kashmiris in August

September 1, 2019

Indian troops, in their continued acts of state terrorism, martyred 16 Kashmiris, including a young boy and a woman, during the past month in the occupied Kashmir.

During the period, at least 366 people were injured due to the firing of bullets, pellets and teargas shells on peaceful protesters by Indian troops and police personnel.

Over 5,000 people, including Hurriyat leaders, Syed Ali Gilani, Mirwaiz Umar Farooq; Mian Qayoom, president of the Jammu and Kashmir High Court Bar Association; Mohammed Yasin Khan, chairman of the Kashmir Economic Alliance; Raja Muzaffar Butt, an anti-corruption crusader; National Conference leaders Omar Abdullah and Farooq Abdullah, PDP President Mehbooba Mufti, Engineer Rashid, activists and youth, were arrested.






Lock down of occupied Kashmir continues on 28th day