NIA summon to Qayoom: J&K HC Bar Association writes open letter to CJI

Srinagar, Sep 7: Jammu and Kashmir High Court (HC) Bar Association, Kashmir, in an open letter to the Chief Justice of India (CJI), alleged that efforts are being made to frame its President Advocate Mian Qayoom to prevent him from urging the cause of the people.

      The Bar Association said that even though Mr Qayoom has been summoned as a witness, they have reason to believe that there is more than what meets the eye.
      The letter further explains the reasons behind the strike in all courts called against summoning of Mr Qayoom to the headquarters of National Investigation Agency (NIA).
      The Bar Association alleged that for quite some time now a new policy has emerged of involving men of consequence in criminal cases so as to prevent them from urging the cause of the people.
      “Mr Qayoom represents the voice of the people and has been fairly active in pleading their cases in Conferences, Seminars, courts etc. More recent are the cases pending before Supreme Court of India like ban on use of pellet guns. The cases of detenues who have been jailed in contravention of law for last several years are also being argued by him before the High Court of Jammu and Kashmir,” the letter said.
      “People are first summoned as witnesses and thereafter by sheer manipulation of the material, gathered during investigation, arrayed as accused and jailed, for Years together even in some cases without trial. Though as legal practitioners we are told that an accused is innocent till proved guilty, but it is also a part of malicious campaign that media is fed with false information so as to give wide publicity projecting an innocent person in dark light,” it said.
      “The design to malign respectable people is betrayed by the false information given on social media and on the network of some paid TV Channels, where false propaganda is made about the property owned and possessed by an established lawyer. This is a situation, when only notice to appear as a witness has been issued, that the media is asked to malign person to the maximum possibility so as to prejudice the mind of the public against the individual,” it added.
      “Even though the Bar Association president has been summoned as a witness, we have reason to believe that there is more than what meets the eye.  We say so because notice has been issued under Section 160 CrPc, Proviso whereof requires the NIA to record the statement of a witness at his place of residence if he or she is less than 15 or more than 65-year-old. Mr Qayoom admittedly is more than 65 years of age, he could have very easily taken the benefit of the said proviso. Instead he has volunteered himself to appear before NIA along with eight members of the J&K High Court Bar Association at New Delhi, as he has nothing to hide,” the letter said.
      It claimed that Mr Qayoom does not own directly, indirectly or otherwise any property in the areas of Jammu, Hyderpora, Peerbagh, Zakura, Lal Bazar, Lasjan, Pantha Chowk, shopping complex at an unknown place, as is being publicly stated on the social network. “With more than four decades of lucrative practice at his back it is impossible to think that he cannot own even a house or a land or some property. Mr Qayoom is regular Income Tax payer,” it added.
      “We are constrained to address this communication to you because we consider it important that public opinion must grow against uncalled for and unwarranted malicious campaign, state apparatus is resorted to against its people. The Bar Association feels that there is no other way against such state sponsored actions. Initiation of legal proceedings is not ruled out but at the same time it is a time-consuming as well as life consuming process and by the time people know the truth, the damage is done,” it added.
  It said that this communication is intended to appeal to the right-thinking people, who we believe, continue to uphold values of truth and justice. “We believe that the right thinking people should rise to the occasion and make known their voice of conscience. The members of the Association who have known Mr Qayoom for last several decades can safely say that he has not contravened any law. His only guilt is that he is one of the front runners in seeking resolution of Kashmir dispute. His statements, writings, activities all have a common theme ie the people of State of Jammu and Kashmir are suffering, because of the non resolution of the Kashmir dispute and the issue needs to be addressed by all the stake holders so that peace returns to the State and the new generation has not to struggle for second freedom,” it added.
UNI