HC Bar suspends ex-President, Sr AAG from basic membership

J&K High Court Bar Association Jammu president Abhinav Sharma addressing press conference on Thursday. — Excelsior/Rakesh
J&K High Court Bar Association Jammu president Abhinav Sharma addressing press conference on Thursday. — Excelsior/Rakesh

Excelsior Correspondent

JAMMU, Aug 1: J&K High Court Bar Association Jammu today issued notice to Senior Advocate AV Gupta, former President and Advocate S C Gupta, former Senior AAG seeking explanation for making a statement on Article 35-A and till such time suspended their basic membership.
The decision in this regard was taken in a meeting of the Executive Committee of the Bar Association held under the chairmanship of its president Abhinav Sharma.
“The agenda of the meeting of the Executive Committee was to deal with the statement made and opinion given by a few members of J&K High Court Bar Association Jammu, supporting the retention of Article 35-A of the Constitution of India despite the fact that J&K High Court Bar Association Jammu in a meeting of its General House convened on 03-08-2018, had already resolved and taken a unanimous decision to oppose the retention of Article 35-A of the Constitution of India”, said Advocate Abhinav Sharma while addressing a press conference. Click here to watch video
“In the General House meeting the Bar had decided to intervene before the Supreme Court by filing an application for impleadment as one of the parties in the case”, he said, adding “keeping in view the decision of the General House, the members of the Bar had no right to support the retention of Article 35-A of the Constitution of India”.
He further said, “since the statement and opinion of few individual members of the Bar has been exploited by various political parties and attributed to J&K High Court Bar Association Jammu, the Executive Committee has decided to seek explanation from these two members and till then suspend their basic membership”.
He further informed that the Executive Committee also resolved to abide by and to pursue the decision of General House of J&K High Court Bar Association Jammu dated 03-08-2018 and reiterates its resolve and commitment to oppose Article 35-A of the Constitution of India as it was inserted in the Constitution of India by way of Presidential Order in the year 1954, by resorting to Article 370 of the Constitution of India, without following the Constitutional mandate of Article 368 of the Constitution of India.
“No member of J&K High Court Bar Association Jammu, is authorized to speak and make statements and tender opinion regarding any issue particularly Article 35-A of the Constitution of India except the official spokesperson appointed by the elected office bearers or by the office bearers themselves”, Advocate Abhinav Sharma said.