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PRESS RELEASE: 28-11-2011 In an extra ordinary meeting of the J&K High court Bar Association presided over by its President Mr. M. A. Qayoom serious concern was expressed on proposed amendment in Cr. P.C. of J&K

In an extra ordinary meeting of the J&K High court Bar Association presided over by its President Mr. M. A. Qayoom serious concern was expressed on proposed amendment in Cr. P.C. of J&K for creating a protective cover to the army. The proposed amendment, it was stated, shall have the effect of incorporation of APSFA in the legal system of the J&K to create a permanent role for army in the polity of the state. The Bar Association it was stated, shall resist such a sinister design. In the meeting it was observed that the provisions of APSFA are transitory and can be withdrawn at any time, but once the amendment in Cr. P. C. is carried out it would create a permanent role for army and cover up its operations against the innocent people of the state. It was also stated that the APSFA has been universally condemned and should be withdrawn unconditionally, forthwith.
Serious concern was also expressed on the transfer of registration powers of documents to revenue authorities and diversion of lawyers quota and fixation of 60% as qualifying marks for viva-vice. It was observed that the transfer of registration powers from registration courts to revenue authorities is a malafide move of the state Govt., which will directly affect the collective interests of the legal fraternity, besides it will result in unbridled and massive malpractices all over. It was decided that the Bar Association will resist such a move of transfer of registration powers from civil courts to revenue authorities and take all possible measures in this regard.
In the meeting concern was expressed on absorption of lawyer’s direct quota in Jammu and Kashmir Higher judicial services with the promotional quota. It was observed that the diversion of quota meant for the lawyers and fixation of 60% as the qualifying marks for viva-vice, adversely affects the interests of lawyers. Since this issue was taken up a number of times with the Hon’ble The Chief Justice of the J&K High Court but till date this concern has not been addressed to, which has resulted in deprivation of presence of judicial officers in higher judiciary from the lawyers quota. A stringent and complicated mechanism has been put in practice by the High Court for filling of higher judicial posts from lawyer’s quota which is contrary to the normal recruitment process. In the meeting it was stressed that the lawyer’s quota for appointment in higher judiciary be maintained and the complicated procedure of recruitment be reviewed besides the lawyer’s quota be not diverted to the promotional quota.
In view of the seriousness of these issues it was decided that these issues deserve a thorough debate it was decided a General Body meeting of the members of Bar Association will be held on the 29th of December 2011 at 2:00 p.m., in the Sadder Court complex Srinagar. All the lawyers have been requested to participate in the General Body meeting.

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