Top HCBA leader’s unclaimed hut on Forest land seized in Pahalgam

Fourth Kashmir advocate Mohammad Ashraf Bhat arrested, booked under PSA, lodged in Kathua jail

SRINAGAR: While the authorities have sealed an unclaimed hut, raised illegally on the land of the Government’s Forest Department in Pahalgam, another former functionary of Srinagar-based High Court Bar Association (HCBA), Mohammad Ashraf Bhat, has been arrested from his Srinagar residence, booked under the Public Safety Act (PSA), shifted to Jammu and lodged in a jail in Kathua.
Well informed sources told The News Now that a posse of Police and paramilitary forces swooped down on the Rawalpora house of the senior advocate and a former General Secretary of HCBA, Mohammad Ashraf Bhat, late last night and took him into custody. Like in the detention of other HCBA functionaries, Police did not issue any statement about Bhat’s arrest.
Sources said that advocate Bhat was booked under PSA, shifted to Jammu and lodged in a jail in Kathua. He is the fifth Kashmiri lawyer—fourth in the current row—who has been arrested and detained under PSA in the last 22 days.
Current crackdown started when the apparently defunct HCBA announced to conduct its elections last night. In 2021, Srinagar District Magistrate had issued an order under the provisions of Section 144 CrPC and stopped the lawyers’ association from holding its elections. The order, inter alia, said that the HCBA was not a duly registered organisation or society and that its activities were deleterious to India’s sovereignty and integrity.
Close on the heels of a fresh election notification from the acting President of HCBA, the State Investigation Agency (SIA) arrested senior advocate and a top separatist leader Mian Abdul Qayoom on 25 June, 2024. He was reportedly arrested on the charges of his involvement in a criminal conspiracy that led to the assassination of a junior advocate, Babar Qadri, at his Srinagar residence on 24 September, 2020.
On the same day of 25 June, 2024, the District Magistrate of Srinagar issued another notification under Section 144 CrPC and banned the HCBA’s scheduled programme of elections at the premises of District Court, Srinagar.
Even after the HCBA announced to have removed the controversial objective of “helping in a lasting resolution to the Kashmir dispute” from its constitution, the authorities did not grant permission to its elections. Parallel to these developments, HCBA’s rival, Kashmir Advocates Association (KAA), which comprises a large of the government advocates and meets the Lieutenant Governor and other government functionaries, got itself registered and recognised by the High Court administration.
On 11 July, 2024, Police conducted a midnight raid on the Srinagar residence of another former President of HCBA, Nazir Ahmad Ronga, and took him into custody. He was booked under PSA and lodged in a Jammu jail.
On 14 July, 2024, Police arrested Mian Qayoom’s nephew advocate Mian Muzaffar from his Srinagar residence, booked him under PSA and lodged him in a Jammu jail.
Three years before these four detentions, Police had arrested one advocate Sabzar reportedly on the charges of visiting Pakistan and arranging MBBS admissions in that country for a number of the members of HCBA. He has not been granted bail in the last over three years.
HCBA, headed by Mian Qayoom, for most of the time from 1990 to 2019, was incorporated as a constituent of the General Council of All-Party Hurriyat Conference which has been spearheading a movement for Kashmir’s azadi or separation from India. HCBA functioned as APHC’s constituent from 1993 to 2003 when the conglomerate of the separatist groups split on account of the Peoples Conference’s alleged proxy participation in the Assembly elections of 2002.
Thereafter, the HCBA maintained its independent character but continued to call Kashmir a disputed territory and refused to uphold the Constitution of India.
Meanwhile, in a significant development the Revenue authorities in Pahalgam have found an unclaimed hut constructed illegally on the prohibited Forest land. According to a public notice issued by Tehsildar Pahalgam as Executive Magistrate First Class on 6 July, 2024, the unclaimed commercial property “Bear Necessities Managed by Stay Vista”, has been raised illegally on Forest land outside the revenue boundary of village Lidroo and the same was seized after a joint inspection of different departments and authorities on 24 June, 2024.
The public notice called upon the owners if any to claim the commercial property with supporting documents and revenue records if any within a period of seven days. However, nobody came forward to claim the property.
Official sources said that the concerned officers learned through credible sources and witnesses that the illegally constructed and now unclaimed property was owned by a top functionary of the HCBA.
“It is being investigated how anonymous persons have managed to construct a hut on the prohibited Forest land, operated it as a hotel and taken away its revenue for several years. The role of the Forest, Revenue, Police and PDA officers is under investigation”, a highly placed official source revealed to NEWS NOW. He said that if nobody came forward to claim the property under rules, it would be handed over to some government department. The only other option is to demolish it. Officers are assessing all legal pros and cons”, he added.

Updated On 7/19/2024 3:16:06 AM