Srinagar, Nov 22: The Jammu & Kashmir and Ladakh High Court on Tuesday issued a summon notice to its three advocates after a complaint regarding committing of professional and other misconduct was filed by Secretary to the Government, Department of Law, Justice and Parliamentary Affairs Achal Sethi.
The three advocates are Mian Abdul Qayoom, Ghulam NabiThoker @ Shaheen and Nazir Ahmad Ronga.
Both Qayoom and Ronga have in the past served as High Court Bar Association (HCBA) presidents while Shaheen has served as General Secretary in multiple terms.
“Ronga was considered close to Hurriyat (M) chief Mirwaiz Umar Farooq and Qayoom and Shaheen were close aides of late secessionist leader Syed Ali Geelani.
The three separate summon notices have been issued from Secretary to Hon’ble Disciplinary Committee, office of the Joint Registrar (Judicial), the Jammu & Kashmir and Ladakh High Court to these advocates. They have been directed to appear before the court on 17th December.
“You are hereby summoned to appear before this Committee on 17.12.2022 at 10:30 AM at High Court J&K and Ladakh at Srinagar in the above-titled complaint before the Hon’ble Disciplinary Committee,” reads the order, a copy reviewed by Rising Kashmir.
An order copy from The High Court J&K and Ladakh signed by the High Court Judges Sanjeev Kumar, Sanjay Dhar and Mohd Akram Chowdhary reads, “A complaint, filed by Achal Sethi, Secretary to the Government, Department of Law, Justice and Parliamentary Affairs for initiating disciplinary action against three Advocates, namely Mian Abdul Qayoom, Ghulam NabiThoker @ Shaheen and Nazir Ahmad Ronga for committing professional and other misconduct under the Advocates Act, 1961, is presented before us by the Registrar General of this Court under the orders of Lord Chief Justice.”
It further reads, “Having gone through the contents of the complaint and the material placed on record, we are of the view that prima facie, the allegations levelled by the Law Secretary against the above-named advocates constitute professional and other misconduct.”
“Notice to the above-named advocates for their reply by or before the next date of hearing,” it added.
The Law Secretary in his complaint has accused the three advocates of being anti national, supporting Hurriyat ideology, transforming the working of High Court Bar Association into a secessionist group and supporting anti-government activities.
Meanwhile, according to a dossier prepared against MianQayoon reads that Qayoom started practicing as an advocate at District Court Srinagar in July 1976. He was elected as Secretary Bar Association in the year 1982 and President in 1987. He worked as Chief Legal advisor to Syed Ali Geelani during 1987 elections. Qayoom first came into limelight in 1987 while spearheading a protest against the proposal of state Government, to establish a few secretariat level offices at Jammu permanently.
In 1990, he openly came out in support of the secessionist movement and presented a memorandum to UNMOGIPheadquarters , at Srinagar. He has JEI leanings and subscribes and propagates the secessionist ideology of Late Syed Ali Shah Geelani. He has been found instrumental in endorsing hartal calls and other programmes floated by Syed Ali Shah Geelani. During 2008, SASB land agitation, he played an active role in organizing protest demonstrations throughout the valley. During elections he has been found actively indulging in anti-election campaigns. Besides this, the individual frequently visited the residences of killed terrorists and the encounter sites to express sympathy with the families of killed terrorists and incite violence against the SF.
In 2009, he played a vital role in exploiting the situation which followed the Shopian incident in which bodies of two women (Asiya&Neelofar) were recovered from RambiaraNallah Shopian.
While recording his statement as witness in contempt petition No.11/2010 against Superintendent KotBhalwal Jail and others inHigh Court Srinagar on April 07, 2010, Qayoom challenged the Indian constitution and said that “I do not believe in the Constitution of India.” When asked by the Judge whether he wanted these words to form part of his statement, Qayoom said that he has been saying so in the past and that his words should be recorded.
There are multiple criminal cases registered against him are as under:
1. Case FIR No. 74/2008 U/S 13 ULA(P) Act, 132 RP Act of Police station Kothibagh.
2. Case FIR NO. 27/2010 U/S 13 ULA(P) Act, 188 RPC of Police station Kothibagh.
3. Case FIR NO.15/2010 U/S 505(II) , 153,121 RPC of Police station Maisuma.
4. Case FIR NO. 55/2010 U/S 24-A,188,341 RPC of Police station Maisuma.aj
The dossier reads that the activities of Qayoom are detrimental to the security and sovereignty of the state. As per the list of secessionist activities.
• In March 2004 Qayoom attended a meeting of Jamat e Islami (JEI) at party headquarters Batamaloo and appealed to people to boycott forthcoming assembly elections. Again in 2004 Qayoom in a press conference thanked the people of district Pulwama for boycotting Lok Sabha polls.
• In April 2005 Qayoom came in open support of terrorists and said that armed struggle should continue till goal of azadi is achieved.
• In December 2007 attended a seminar titled Qaid e Azam organised by Muslim league to commemorate the birth of Mohammed Ali Jinnah.
• In June 2008 Qayoom played a key role in instigating the people against the government during the Amarnath Land row in 2008. Though the case was of local land transfer but Qayoom tried to give a religious colour to foment communal discord and pitch the narrative of Hindu Jammu against Muslim Kashmir.
• In September 2009 Qayoom while addressing advocates after his successful election as president of HCBA, extended support to the Coordination Committee (an amalgam of secessionist parties) and vouched for the freedom struggle.
• In October 2008, Qayoom led a procession up to Lal Chowk raising slogans against the elections and in support of freedom.
• In February 2009 Held a meeting of Bar members at Lower Court Srinagar and maintained that HCBA had no right to accept the grants from the Govt. as it was fighting and supporting the freedom movement.
• In August, 2009 endorsed the strike call floated by APHC in connection with the first death anniversary of Hurriyat leader, Sheikh Abdul Aziz.
It is pertinent to mention here that MianQayoom and HCBA in the name of free legal aid defends the cases of all the terrorist and stone pelters, though Qayoomclaims that the assistance is given free of cost, however, reports contrarily suggest that Qayoom draws hefty sums from Pakistan for fighting their cases.
The dossier further reads that the end objective of Pakistan proxies like MianQayoom is to create, sustain and spread disaffection, hatred and enmity against the Indian State and the interim objective is to protect the Pakistani influence and assets human and institutional.
“Overlooking all such transgressions, made by elements like Shaheen, has a deep and long lasting impact on the collective psyche of Kashmir and has led to a situation where even sedition is taken as a matter of right. These elements who undermine the state and endanger the life and property of the citizens need to be dealt with iron fist and appropriate action warranted under advocates act be taken against him,” the dossier concludes.
