NOTICE Lawyers to whom show cause notices were issued
Since some of the lawyers to whom show cause notices were issued for violating the bar decision of suspending the work on 07.02.2012, instead of showing remorse have tried to justify their act of defiance by raising the following points :-
a. That one of them namely Mohammad Ashraf Wani was not a party to the decision of suspending the work on 07.02.2012;
b. That habeas corpus petitions were exempted from the rigor of suspension of work on that day;
c. That the show cause notices were got published in print media to defame and malign them;
d. That no action was taken against Mr. Nisar Ahmad Bhat Advocate, who too had appeared in a case on 07.02.2012 before the High court;
and these lawyers having not stopped there but two of them having gone to the press and having got their replies published as well, therefore, it has become necessary for the Bar Association to explain its stand in the matter and reply their points one by one as under:
1. That though interms of clause 16(5) of Bar Constitution the Bar President has the full authority to take any decision with or without the consultation of office bearers or the Executive committee of the Bar Association, yet the decision to suspend the work on 07.02.2012 was taken by the President in consultation with the vice President Bashir Ahmad Dar and General Secretary G. N. Shaheen on 06.02.2012 and it was given vide publicity through media and otherwise and it was known to everyone including Mr. Mohammad Ashraf Wani Joint Secretary, that the work in the courts shall remain suspended for the day;
2. That the habeas corpus petitions were not exempted from the rigor of notice dated 06.02.2012 because the suspension of work on 07.02.2012 was aimed at to show solidarity and sympathy with those who are languishing in the jails and despite court orders were not released and in order to make their release impossible, they had been shifted and were being shifted to different jail outside the valley. On the morning of 07.02.2012 Mr. Bashir Ahmad Dar had requested the aforesaid four lawyers when they tried to cause their appearance before the court in habeas corpus maters, to suspend their work but one of them namely Mohammad Ashraf Wani told him that he has been permitted by the president to do so. Mr. Bashir Ahmad Dar thereafter talked to me on phone and when I informed him that I have not permitted any lawyer to appear in any habeas corpus matter on 07.02.2012, he brought the said fact to the notice of Mr. Mohammad Ashraf Wani and again requested him to abstain from appearing before the courts but he refused to do so and did not listen to him at all.
3. That the show cause notices were dictated by me to Mr. Hashim, the Bar steno on 08.02.2012 and thereafter the show cause notices were signed by me in his presence. I however, told Mr. Hashim to handover the show cause notice to the concerned advocates personally and obtain their signatures on a Photostat copy thereof. I heard it on 09.02.2012 that instead of handing over the show cause notices himself to the concerned advocates, he had asked Abdul Gaffar Bar peon to do so. I had not retained any copy of the show cause notice after I signed the same, with me. I did not also talk to any media person thereafter directly or indirectly or else overtly or covertly about the show cause notices. I was no doubt told by Mr. Baber Qadri on 08.02.2012 in the evening that the show cause notices have reached the press but he attributed the same to Mr. Bashir Ahmad Dar vice President and dropped the phone by saying, that he will teach him a lesson. I of course told him that he has himself contributed to the landing of the show cause notices in the press, and had he not caused his appearance in the court on 07.02.2012 the matter would have not reached to the press. No help was sought by Mr. Qadri from me for stopping the publication of the show cause notice in any news paper. He did not also tell me as to in which news paper the show cause notices were going to be published. The question of maligning the image of Mr. Babar Qadri or anybody else by publishing the show cause notices in the press is, therefore, a figment of imagination and nothing else.
4. That in so far as appearing of Mr. Nisar Ahamd Bhat in the High Court on 07.02.2012 is concerned, I came to know about it on 09.02.2012 at 6 p.m. through Bashir Sidiq advocate. I immediately got a show cause notice addressed to him and asked one of my nephews to drop the same at his residence against proper receipt. I called Mr. Hashim on 10.02.2012 to my residence and told him to upload the show cause notice on his laptop which he did in my presence. I am now waiting for the response of Mr. Bhat to the show cause notice.
5. That though M/s Mohammad Ashraf Wani, Baber Qadri, and Majid Bashir have submitted their reply to the show cause notices but before allowing the Bar Association to take a decision in the matter, two of them having gone to the press and having got their replies published in which one of them has even questioned the issuance of notice, (see Rising Kashmir dated 10.02.2012), therefore, it has become necessary for the Bar to issue this clarification. The matter will however be put up before the executive Commute for necessary orders, after the period of one week is over.