The High Court of Jammu & Kashmir and Ladakh, has dismissed a Public Interest Litigation (PIL) filed in the name of 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 locus standi and procedural non-compliance.
It is important to note that the District Administration Srinagar had previously debarred the election of this illegal association, which had been led by controversial people such as Adv Mian Abdul Qayoom, now jailed in connection with the murder of Advocate Babar Jan Qadri, Advocate Nazir Ahmad Ronga, currently detained under the Public Safety Act (PSA), and Advocate Ghulam Nabi Shaheen, were also associated with the now-defunct body.
The Division Bench, comprising Hon’ble Chief Justice Tashi Rabstan and Justice M.A. Chowdhary, heard the petition, initially filed as OWP No. 2250/2018. The case was later treated as a PIL in a particular case. However, the respondents, represented by Advocate General Mr. D.C. Raina raised preliminary objections regarding the association’s legal standing and failure to follow proper procedures for filing a PIL.
The respondents pointed out that the petitioner association was not registered under the Jammu and Kashmir Societies’ Registration Act, 1997, and lacked legal sanctity. The association did not submit any certificate of registration, making the petition non-maintainable under Rule 24(4)(VII) of the Writ Proceedings Rules, 1997. This rule requires petitioners to either send a prior representation to the concerned authorities or provide notice of the PIL before its filing.
Advocate General D.C. Raina emphasized that the unregistered status of the J&K High Court Bar Association, Srinagar, rendered it an illegal entity with no legal standing to file such a petition. Without proper recognition or registration, the association had no locus standi to file writ petition in courts.
Given the association’s lack of legal recognition, the court dismissed the PIL as non-maintainable.
