GK EXCLUSIVE | Received funds from Pakistan’s ISI to run HCBA legal cell illegally, grabbed property worth crores of rupees: Lawyers write to Registrar General HC to seek termination of Mian Qayoom’s license under Advocate’s Act

Security forces stand outside as searches are being conducted at Mian Qayoom's residence.
Security forces stand outside as searches are being conducted at Mian Qayoom's residence.File/ GK

Srinagar: A group of lawyers has written a letter to the Registrar General Jammu and Kashmir, and Ladakh High Court seeking the immediate suspension and termination of licenses of Advocate Mian Abdul Qayoom.

Greater Kashmir is in exclusive possession of a copy of the letter written by a group of lawyers seeking Advocate Qayoom’s immediate suspension and termination of licence under the Advocates Act and other relevant provisions of the law.

The group of six lawyers, in this letter to the Registrar General, has written, “Advocate Qayoom committed misconduct of a grave nature by declaring that he does not believe in the constitution of the country. Still, with his unlawful immunity, he with his nefarious character manages to remain on the rolls as a practising lawyer holding a licence issued under the Advocates Act of 1961, a statute created and emanating from our constitution.”

A group of lawyers has also sent copies of the letter to the Chief Justice of India, Prime Minister of India, Union Law Minister, Chief Justice of J&K, Lt Governor J&K, Chairman Bar Council of India, and Chief Secretary of J&K.

The letter quotes the group of lawyers as saying, “Advocate Abdul Qayoom Dar alias Mian Abdul Qayoom internationally tried to malign the Indian state’s integration with Jammu and Kashmir by unlawful means to wage a war against the Indian state and to upkeep the narrative of Pakistan’s agenda using the platform of being a lawyer backed by the power of gun at the sole instance of ISI and Pakistan. This is even though he is using a bar enrolment with License No 472/1979, which ex-facia is a fake and fraudulent license or suspected to be procured by fraudulent means.”

The letter of the group of lawyers states: “Advocate Qayoom a patriarch, an ideologue, and a frontline activist of the secessionist-terrorist campaign in J&K has gone all out to weaponise his professional position as a lawyer against the county in collusion with terror networks. He owes his ideological leanings originally to the radical outfit Jamaat-e-Islami (Jel), with whom he has remained associated since his college days. The JeI is not only viewed adversely in India but has also been banned in Bangladesh as well as in Muslim Middle East countries like Egypt, UAE, and Saudi Arabia where it operates by the name of Ikhwan-ul-Muslimoon being the ideological twin of JeI of the subcontinent.”

According to the contents of the letter, Advocate Qayoom was solely responsible for making the High Court Bar Association (HCBA) a constituent part of the All Parties Hurriyat Conference (APHC) and drafting the constitution of HCBA wherein it was provided in the aims and objectives to secure secession of J&K from the Union of India.

“He albeit practising the Indian law declared in the open court in 2010 that he does not believe in the Constitution of India which is the main source of all laws of the land. By deposing in a matter before the High Court at Srinagar on April 6, 2010, in Contempt Petition No 11/2010 (OWP No 767/2010) titled Bar Association versus Mirza Saleem Beigh and another of J&K and others, he said, ‘I am not the citizen of India. I am a permanent resident of J&K State. I do not have faith in the Constitution of India as it has been eroded by you,’” the letter mentions Advocate Qayoom.

The letter also states, “Heading the legal cell established and funded by Pakistan’s ISI, he along with a battery of lawyers would plead and secure favourable decisions in all the cases about entities involved in terrorism and secessionism since 1990 funded by ISI. This gang of lawyers headed by him would also ensure that no one pleads on behalf of the State and government lawyers would most often resort to mere tokenism than actual pleading for fear of getting killed at the hands of terrorists who would be so directed by Advocate Qayoom.”

The group of lawyers in the letter highlighted, “Being a ferocious legal patriarch of terrorism, Advocate Qayoom’s victims included late Advocate Babar Qadri, who publicly on social and electronic media stated that his life was in danger because of Advocate Qayoom, who would eventually get him killed. And then, he was killed. Police have been able to crack the case and his murderers are facing trial. Qadri was killed by way of a clever and clandestine mechanism wherein the potential targets are marked and identified for ISI and terrorists to be hit like in the case of late journalist Shujaat Bukhari. Such is the importance of Advocate Qayoom in the Pakistani scheme of things that it does not need any other motive to kill a person except that he stands against him as a person. Qadri was one such victim of this scheme.”

The letter mentions, “Advocate Qayoom has also served as an interim president of the so-called Tehreek-e-Hurriyat in 1990, an amalgam of 13 secessionist-terrorist outfits joining together for the secession of J&K from the Indian union.”

It states that after being re-elected as the President of HCBA umpteenth time, he made the Srinagar wing of the High Court an epicentre of secessionist-terrorist crusade against the State of India.

“As a patriarch of violence, his role in large-scale street rioting targeted against the sovereignty of India at the behest of Pakistan between 2008 and 2019 could be explained by his statements issued by him and published widely on March 2, 2010, and April 21, 2010, that HCBA would provide free of cost legal help to the stone peters. Nonetheless, there are no free lunches. We all know that such legal costs would be borne by Pakistan by sending money through various channels to the legal cell headed by Advocate Qayoom,” the letter mentions in detail.

Questioning his integrity, the group of lawyers, in the letter writing, “Today he is in occupation of a landed estate at Bagat-e-Barzulla (Bulbul Bagh) worth crores of rupees where he got his family members settled in more than 25 houses. A self-constructed Masjid was also set up on the land. He has also constructed 15 flat apartment buildings adjacent to his habitation. The entire habitation is constructed over the Raghunath Temple land which, at the peak of militancy, was occupied unlawfully in connivance with the revenue authorities by using an impostor Major Arjun Singh who was presented as Mahanat Arjun Dass (Mahant of Ragunath Temple) and a few mutations were done in the names of various family members of Advocate Qayoom.”

According to the contents of the letter, all the illegal entries made benefiting Advocate Qayoom and his family were quashed recently vide Order No 18 DIVK of 2021 dated April 23, 2021, which Advocate Qayoom has challenged in the High Court.

The letter states that three writ petitions have been filed by him and his family in connection with the encroaching of a major patch of land belonging to Ragunath Temple.

It gives details of these petitions bearing Petition No 1481/2021 titled Zaina Banoo and Others versus J&K Union Territory, Petition No 1424/2021 Hamida Banoo and others versus J&K Union Territory, and Petition No 1781/2021 Mushtaq Ahmad and others versus J&K Union Territory.

The letter states that Advocate Qayoom was booked under the Public Safety Act (PSA) various times and in many criminal cases in which FIR stand registered against him including FIR No 74/2008 under Section 13 ULA (P) and 132-B of the Ranbir Penal Code (RPC) of Police Station Kothi Bagh, FIR No 15/2010 under Section 505, 153, 121, and 121-A of the RPC of Police Station Maisuma, FIR No 81/2010 under Section 2 of the Prevention of Insult to National Honour Act, 1971 of Police Station Shaheed Gunj.

“As such his presence in the bar for practice as a lawyer is a continued source of disgrace and disrespect for the entire lawyer community that abides by the law and believes in the rule of law,” the letter mentions.

Seeking action against Advocate Qayoom, the group of lawyers in the letter writes, “Advocate Qayoom and his supporter lawyers have drafted the bye-laws, constitution of HCBA, and the very preamble of the constitution that is against the national interest which recognises Kashmir territory as an independent area and dispute with India. The first and foremost object of the formation of HCBA is the resolution of the Kashmir dispute and the rest of the objectives are subservient to it. This aspect of the matter is sufficient to either declare the society and association as illegal by the rule of law or a petition can be moved to the High Court by a group of lawyers seeking deceleration of HCBA as unlawful based on the adoption of illegal objective besides being in violative of The Advocate’s Act. It Is incumbent upon the State Bar Council to act under the law occupying the field for initiating penal and punitive actions both as against the licensee advocate as the averments are self-suggestive of the fact which are sufficient to proceed against him under the law.”

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