Another Kashmiri Lawyer Detained Under Tough Law PSA

Srinagar: Continuing its crackdown on lawyers openly accused of being inclined to the separatists’ cause, the authorities have slapped tough law Public Safety Act (PSA) on a former general secretary of the Srinagar-based Jammu and Kashmir High Court Bar Association (JKHCBA) Muhammad Ashraf Bhat and sent him to a jail in far off Kathua district.

Mr. Bhat is the third prominent attorney who has been jailed under the PSA in the past couple of weeks. Earlier this month, the police detained JKHCBA’s ad-hoc president Nazir Ahmed Ronga under the PSA. This was followed by the arrest and detaining under the same tough law of another lawyer Mian Muzaffar who too was shifted to a jail in the Jammu region, which is around 300 km away from Srinagar.

Under the PSA a person can be detained without seeking formal trial for a period of three months to two years. The PSA was introduced in J&K way back in 1978 by the National Conference government headed by Sheikh Muhammad Abdullah, initially to deal with timber smuggling and similar crimes, but it has been often used by the successive governments against their political opponents.

The PSA has been defined by Amnesty International as a 'lawless law' for its draconian nature. A 2018 UN report on Kashmir also called for revocation of this law.

The family sources said that Mr. Bhat was whisked away by the police after raiding his house in Srinagar’s Rawalpora area on Wednesday night and, after booking him under the PSA, he was shifted to Kathua jail in Jammu region.

Last month, the police had arrested former president of the JKHCBA Mian Abdul Qayoom for his alleged involvement in the murder conspiracy of a fellow lawyer Babar Qadri in 2020. Both Mr. Ronga and Mr. Qayoom are known for their close association with Kashmiri separatist leadership and are being openly accused by the government of being the ideologues of the separatist movement.

The J&K government has reportedly filed a formal complaint against them and another former president of the JKHCBA Ghulam Nabi Shaheen for their involvement in "anti-national activities" and their "professional misconduct and indiscipline".

75-year-old Ronga was arrested by the police in a midnight raid at his Srinagar residence hours after the JKHCBA had decided to go ahead with its internal election process on July 10. It had amended its controversial constitution after the government-imposed restrictions on it for conducting elections. Since 2020, the government has been objecting to the Bar’s constitution, citing its “secessionist ideology”.

In his latest order, Srinagar’s District Magistrate had cited concerns over public order and legality. The JKHCBA had issued a notification on June 11, announcing the holding of its internal elections. But the DM in his order while justifying the restrictions on the schedule had said that the Kashmir Advocates Association (KAA) has raised objections regarding the legality and authenticity of the JKHCBA, Srinagar, alleging it promotes secessionist ideologies and operates as an unregistered entity and warned that conducting the elections could lead to disturbances and threaten public order.

The DM claimed that he sought detailed reports from the SSP Srinagar and the Registrar of Societies Kashmir and while the latter confirmed that the JKHCBA is not registered with their office, the report submitted by the former noted that it advocates for a “peaceful settlement of the Kashmir issue” and that it was a secessionist group known for intimidating dissenters and providing legal aid to anti-national elements.

The DM, while referring to the Bar’s constitution, had pointed out that it was “not in consonance with the Constitution of India, whereby J&K is an integral part of the country and not a dispute”.

Following this, the JKHCBA dropped the paragraph from its constitution that called for “working towards a peaceful settlement of the Kashmir dispute”. Its amended constitution, among other things, said that it is principally concerned with “promoting the rights and interests of the legal profession in general and of the members of the Association in particular”.

The Association also informed the DM that the “misgivings you harbour regarding conducting of elections for JKHCBA, Kashmir, are unfounded and/or lopsided and/or ipsi dixit.” A letter sent to the DM on July 5, it also said, “The JKHCBA is on record to have sufficiently conveyed to you, in the past, its response to obviate such misgivings that sans suppression.” The letter further stated that “some changes in the constitution of the JKHCBA, Kashmir, also became necessary (after the Supreme Court judgment on Article 370 provisions on December 23, 2023) and, accordingly, were brought about”.

A couple of days after DM’s stopping the JKHCBA from holding its organisational elections, the J&K and Ladakh High Court recognised the KAA, by exercising powers under Section 58 of the Bar Council, which was extended to J&K after the abrogation of Article 370 in 2019.

Mr. Ronga’s son Umair Ronga, also a member of the JKHCB, while pointing his fingers at the rivals of his father and his colleagues said, “What we are witnessing is a vile concoction of jealousy and the blatant misrepresentation of facts by certain vested interests. These individuals, devoid of any merit or legitimate grounds, have managed to usurp positions of power and security through deceit and manipulation”.

He said, “These adversaries harbour a deep-seated animosity towards us because they cannot match us on merit. They have distorted the truth before higher authorities, leading to actions like the unwarranted detention of my father”.

He added, “Initially, the state objected to the Bar Association's constitution, which was then amended, and a new constitution was duly provided to the authorities. Despite this, my father, who had decided not to contest this year's elections due to his health, has been subjected to this draconian measure”.