Srinagar- The Disciplinary Committee of High Court of Jammu & Kashmir and Ladakh has summoned three senior Advocates including Mian Abdul Qayoom, former president of Kashmir Bar Association on December 17 at Srinagar for “committing professional and other misconduct” under the Advocates Act, 1961.
Besides Mian Qayoom, two other Advocates who have been summoned by the Disciplinary Committee are Nazir Ahmad Ronga and Ghulam Nabi Thoker alias Shaheen.
“A complaint filed by Achal Sethi, Secretary to the Government, Department of Law, Justice and Parliamentary Affairs for initiating disciplinary action against three Advocates–Mian Abdul Qayoom, Ghulam Nabi Thoker alias Shaheen and Nazir Ahmed 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 the Chief Justice,” said the summon order issued by the Disciplinary Committee comprising of three judges including Justice Sanjeev Kumar, Justice Sanjay Dhar and Justice Mohammad Akram Chowdhary.
“Having gone through contents of the complaint and material placed on record, we are of the view that, prima facie, the allegations levelled by the Law Secretary against the three Advocates constitute professional and other misconduct,” they observed.
They issued notices to the three Advocates for their reply by or before next date of hearing on December 17. They also issued notices to the complainant and the Advocate General of the Union Territory.
They said the office shall ensure that all requisite material i.e. complaint and annexures are provided to the notices.
The complaint was filed against the three Advocates for appropriate action on the basis of detailed investigation carried out by the law enforcement agencies. The investigation report had said that Mian Abdul Qayoom is known for his anti-national and secessionist stand.
“He has been instrumental in endorsing hartal calls and protest demonstration throughout the Kashmir valley,” the investigation report stated.
The report further revealed that in 1990, Qayoom openly came out in support of the secessionist movement and presented a memorandum to UNMOGIP Headquarters at Srinagar. He was solely responsible for making High Court Bar Association as a constituent part of All Party Hurriyat Conference and drafting the constitution of Bar Association, wherin it was provided in the aims and objectives to secure secession of J&K from Union of India.
While recording his statement as witness in contempt petition No.11/2010 against Superintendent Kot Bhalwal Jail and others in the High Court Srinagar on April 07, 2010, Qayoom challenged the Indian Constitution and said that “I do not believe in the Constitution of India.”
A detailed investigation carried out the law enforcement agencies has said that in April 2005 Qayoom made a public statement openly supporting terrorists and said that armed struggle should continue till goal of “azadi” is achieved.
In December 2007, he 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 October 2008, he led a procession up to Lal Chowk raising slogans in support of freedom. In March 2009, he stated that Kashmiri people should be proud of 18 “Mujahideen” who sacrificed their lives at Kupwara, the report said.
Mian Qayoom and J&K High Court Bar Association in the name of free legal aid defends the cases of all the terrorist and stone pelters. Qayoom claims that the assistance is given free of cost, however, reports contrarily suggest that Qayoom draws huge sums from Pakistan and terrorist organization for fighting their cases.
Heading the legal cell established and funded by Pakistan ISI, he along with battery of lawyers including late Advocate Shafqat Hussian would plead and secure favourable decisions in all cases pertaining to entities involved in terrorism and secessionism since 1990,” Law enforcement agencies investigation revealed.
“Investigation has revealed that Qayoom 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 security forces,” the sources said.
“Qayoom earns his bread and butter by practicing law under the constitution of India, however, it is ironical that he doesn’t believe in constitution of India,” they said.
Investigation further revealed that he has been “indoctrinating and recruiting vulnerable youth for terror organizations. However, his kins and relatives, all are, enjoying constitutional position. None have joined terror groups”, the sources said.
“Mian Abdul Qayoom with his legal background has been threatening lawyers who believe in the constitution of India,” they said.
The report had further observed that Ghulam Nabi Thoker alias Shaheen is known secessionist element.
“In February 2009, Shaheen while speaking in a seminar asked the self-styled separatist leadership to shun their differences and fight unitedly for seceding J&K from Union of India,” the investigation revealed.
Similarly, the investigators have unearthed wrongdoings of Advocate Nazir Ronga.
“Nazir Ronga openly expressed sympathies towards the terrorists and defended individuals accused of terror actions. During 2008 Shri Amarnath Shrine Board land transfer row, Ronga played an active role in provoking people. He had also threatened Advocates for appearing before courts during the Hartal call given by illegal bar association,” the Investigation revealed.
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