High Court of Jammu & Kashmir and Ladakh Dismisses PIL by Unregistered Bar Association

It was highlighted that the petitioner association was not registered under the Jammu and Kashmir Societies’ Registration Act, 1997

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Srinagar, October 20, 2024: The High Court of Jammu & Kashmir and Ladakh has dismissed a Public Interest Litigation (PIL) filed by the unregistered Jammu & Kashmir High Court Bar Association, Srinagar. The petition, submitted by Advocate Arshad Andrabi, an executive member of the illegal association, was rejected on grounds of lack of legal standing and procedural non-compliance.

The association, previously debarred by the District Administration Srinagar due to its illegal status, has been led by controversial figures, including Advocate Mian Abdul Qayoom, currently jailed in connection with the murder of Advocate Babar Jan Qadri.

The Division Bench, consisting of Chief Justice Tashi Rabstan and Justice M.A. Chowdhary, heard the case, originally filed as OWP No. 2250/2018. The PIL was ultimately rejected after Advocate General Mr. D.C. Raina, representing the respondents, raised objections regarding the association’s legal standing and failure to follow proper procedural steps.

It was highlighted that the petitioner association was not registered under the Jammu and Kashmir Societies’ Registration Act, 1997, and lacked any certificate of registration, making the petition non-maintainable. Additionally, the association failed to comply with Rule 24(4)(VII) of the Writ Proceedings Rules, 1997, which mandates either prior representation to concerned authorities or a notice of the PIL.

Advocate General D.C. Raina underscored that the association’s unregistered status rendered it an illegal entity with no legal authority to file such a petition. As a result, the court dismissed the PIL, declaring it non-maintainable due to lack of locus standi and legal recognition.

 

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