The Jammu and Kashmir Police arrested a former general secretary of the J&K High Court Bar Association (HCBA) on Wednesday night, marking the fourth such arrest in recent days. These arrests followed a week after the HCBA announced it was halting the process of conducting its elections, which had been planned against the objections of the J&K administration.

Mohammad Ashraf Bhat was taken from his residence in Srinagar on Wednesday night, booked under the stringent Public Safety Act (PSA) on Thursday, and swiftly sent to a jail in Jammu.

Earlier, the State Investigation Agency arrested former HCBA president Mian Qayoom in connection with the 2020 murder of advocate Babar Qadri. This was followed by the booking of the association’s ad hoc chairman Nazir Ahmad Ronga and Qayoom’s nephew Mian Muzaffar under the PSA, which allows for detention without trial for up to two years.

The HCBA’s notification to suspend elections came soon after Ronga’s arrest in a midnight raid at his house. The HCBA has been without an elected body since 2019, following the abrogation of Article 370, with Ronga acting as the in-charge chairman. The association last attempted to conduct its annual elections in 2020, but the administration raised objections, citing the HCBA’s constitution that referred to Kashmir as a disputed territory.

What is the HCBA and what significance does it hold?

The HCBA is a representative body of around 3,000 lawyers in the Union Territory. The Centre has viewed it with suspicion due to its reports on the condition of inmates, many of whom are political prisoners, in J&K before the abrogation of its special status. These reports were often picked up by human rights activists, adding pressure on the government regarding the Kashmir issue.

Why have elections to the HCBA not been held since 2019?

The last time the association announced elections was in July 2019, with plans to complete the process by mid-August. However, on August 5, 2019, the Modi government abrogated Article 370 and divided J&K into two Union Territories. The ensuing curfew and shutdown in the Valley postponed the elections. Additionally, widespread detentions, including that of HCBA president Mian Abdul Qayoom under the PSA, further disrupted the process.

In 2020, the HCBA attempted to resume elections, but the J&K administration, under Central rule, barred it from proceeding.

What reason was given for barring the HCBA elections?

On November 8, 2020, the J&K administration asked the HCBA to clarify its stance on Kashmir being a “disputed territory” and prohibited the elections, imposing restrictions on court premises. The administration’s notice cited the HCBA constitution’s objective of resolving the Kashmir dispute as incompatible with the Constitution of India, which considers J&K an integral part of the country.

Following the government’s bar on elections, an ad hoc body was formed to manage the HCBA’s affairs, with Nazir Ahmad Ronga appointed as its ad hoc chairman.

What has happened now?

On June 25, former HCBA president Mian Abdul Qayoom was arrested. Soon after, the Bar initiated the election process with a deadline of July 31. However, the J&K administration barred the elections again, citing potential breaches of peace. The HCBA responded on July 5, clarifying amendments in its constitution that removed references to the Kashmir dispute.

Despite this, the J&K Police arrested HCBA chairman Ronga on July 11 in a midnight raid. Following this, the Bar suspended the election process. Mian Muzaffar was arrested on July 15, and former HCBA general secretary Mohammad Ashraf Bhat on July 17.