Reconstituted Bar team to remain present at 35A hearing

The J&K High Court Bar Association Srinagar has reconstituted a team that will be present in the Supreme Court on March 6 and 7 when the cases relating to Articles 35A are likely to be heard, the Bar said in a statement on Monday.

The reconstituted team members are president MA Qayoom, general secretary Muhammad Ashraf Bhat, senior advocate ZA Shah, senior advocate ZA Qureshi, senior advocate RA Jan, advocate Manzoor Ahmad Dar, and NA Ronga.

The statement added that the matter has been shown listed in the weekly cause list issued for March 6 and 7, but it has not been shown as yet in the daily list of March 6.

“But there is every possibility of the matter being listed in the Supplementary Cause List of March 6 and/or daily list of March 7 and as such all the members of the reconstituted team have been directed to remain present in the court on these days,” the statement said.

According to the statement, at a meeting, HCBA members expressed their serious concern over declaring of Jamaat-e-Islami (JeI) Jammu and Kashmir as an “unlawful association” under Unlawful Activities (Prevention) Act, 1967 by the government of India.

They also expressed concern over seizing and sealing assets of the organisation and its members, terming it a “blatant violation of the powers purportedly vested in them u/s 8(2) of the Act of 1967”.

The statement added that it was stated that in terms of section 8(2) of the Act of 1967, the district magistrates have the power to make a list of all movable properties (other than wearing apparel, cooking vessels, beds and beddings, tools of artisans, implements of husbandry, cattle, grain and food stuffs and such other articles which they consider to be of trivial nature) found in a place, which has been notified by the central government in terms of section 8(1) of the Act of 1967, of being used for the purpose of “unlawful association” but they have no power to seize or seal any immovable property which is owned by an unlawful association”.

“However, the district magistrates of various districts of the state have issued orders of seizing and sealing of immovable properties belonging to Jamaat-e-Islami in abuse of their power and authority which orders deserve to be recalled forthwith and any immovable property belonging to Jamaat-e-Islami seized and sealed by the police, in pursuance of those orders, deserves to be released from such seizure and sealing at once,” the statement said.