J&K High Court Bar Association (J) suspends those who support retention of Art. 35A. Will seek impleadment in case filed in Apex Court.

J&K High Court Bar Association Jammu (JKHCBAJ) in an unprecedented and swift move has taken a serious note of the members who support retention of Article 35A of the Constitution of India. In a stern action the membership of those members connected with this has been placed under immediate suspension and Show cause notices issued.

Executive Committee under the Chairmanship of Mr. Abhinav Sharma Adv. President, JKHCBAJ held a press conference in Jammu today where Adv. Abhinav Sharma revealed that the J&K High Court Bar Association Jammu, held a meeting of its Executive Committee  which was attended by all the office bearers and former Presidents, Senior Advocates.

He said, “the Agenda of the meeting of the Executive Committee was to deal with the statement made and opinion given by a few members of J&K High Court Bar Association, Jammu, supporting the retention of Article 35-A of the Constitution of India.”

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Adding further Adv Sharma revealed, “J&K High Court Bar Association Jammu in a meeting of its General House convened on 03-08-2018, had already resolved and taken a unanimous decision to oppose the retention of Article 35-A of the Constitution of India and accordingly decided to intervene before the Hon’ble Supreme Court by filing an application for impleadment as one of the parties in the aforesaid case.

Referring to the meeting of Bar Association, convened under the Presidentship of Adv. B S Slathia, last year, Adv. Abhinav Sharma stated that in that meeting it was unanimously resolved and stated by the then president that “the Presidential Order can’t be an Article of Indian Constitution. He had emphasized to Abolish Article 35-A to establish gender equality. Expressing grave concern over the insistence of certain leaders in Kashmir, including separatists, that Article 35-A should not be abolished, Mr. Slathia had asked to defeat those who oppose gender equality, equality of status between the people of J&K and their fellow Indians, grant of citizenship to refugees from Pakistan living in Jammu since 1947 and mislead the people of Kashmir by saying that the issue of accession will be reopened, if Article 35-A was repealed.”

Adding further Adv Abhinav Sharma said, “keeping  in view the aforesaid decision of the General House, the members of the Bar had no right to support the retention of Article 35-A of the Constitution of India. Since the aforesaid statement and opinion of few individual members of the Bar has been exploited by various political parties and attributed to J&K High Court Bar Association Jammu. Therefore, J&K High Court Bar Association Jammu, in its meeting of Executive Committee held today, disown and condemn the aforesaid statement of few members and in the meeting it was also decided to call for an explanation from the members and till such time they be suspended from their basic membership.”

“The Executive Committee also resolved to abide by and to pursue the decision of General House of J&K High Court Bar Association Jammu dated 03-08-2018 and reiterates its resolve and  commitment to oppose Article 35-A of the Constitution of India as it was inserted in the  Constitution of India by way of Presidential Order in the year 1954, by resorting to Article 370 of the Constitution of India, without following the Constitutional mandate of Article 368 of the Constitution of India which provides for amendment of the Constitution whereas Article 35-A was incorporated by way of a Presidential Order and which defeats the basic feature of the Constitution of India.

Adv Abhinav Sharma said that the Executive Committee also decided that in future no member of J&K High Court Bar Association Jammu, is authorized to speak and make statements and tender opinion regarding any issue particularly Article 35-A of the Constitution of India except the official Spokesperson appointed by the elected office bearers or by the office bearers themselves.

The office bearer who  were present in the meeting included Adv.Rohit Bhagat, Vice President, Adv. Abhishek Wazir General Secretary, Adv. Pardeep Majotra Joint Secretary, Adv. Sushant Samnotra Treasurer .

 

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