Srinagar: Kashmir High Court Bar Association on Sunday expresses its grave concern over the FEMA notice issued to JKLF Chairman, Mohammad Yasin Malik and two others, by the Enforcement Directorate, in a 17-year-old case.
In a statement issued here, the lawyers’ body said the case which was pending trial at Jammu and the court has granted bail to the accused, “after being prima-facie satisfied that they are not involved in the commission of the crime.”
It termed the issuance of notice contrary to law and aimed at only to “tease, torture and humiliate” pro-freedom Kashmiri leadership and their activists.
The Bar Association also described the proposed opening of a liquor shop on 1st of January at the Srinagar Airport, which has now been put on hold under public pressure and also the continuance of many other wine shops in Srinagar and other places of the State, “a sinful act aimed at to ruin the cultural ethos and youth of Kashmir.”
The Bar Association maintains that it was as far back as in 1995 that a Constitutional Bench of the Supreme Court, which was considering the constitutional provisions pertinent to transacting the business in liquor, in minute details, authoritatively pronounced that right to practice any profession or carry on any occupation, trade or business does not extend to practising a profession or carrying on an occupation, trade or business, which is inherently vicious and pernicious and is condemnable by all civilized societies. It has also been held that it does not entitle citizens to carry on trade or business in activities, which are immoral and criminal, more particularly in articles or goods, which are obnoxious and injurious to health, safety and welfare of the general public and that there cannot be business in crime. In the said judgment, the Supreme Court has further held that since the constitution considers intoxicating drinks and drugs as injurious to health, as such, the State should bring about total prohibition of consumption of intoxicating drinks, which obviously include liquor, except for medicinal purposes. In view of the aforesaid judgment of the Supreme Court, it was incumbent on all the authorities to close all the wine shops in the State and not to grant fresh licenses in the name of tourism to anyone for carrying on the trade of liquor in the State. Since it has not been so done, therefore, it is a fit case, where contempt proceedings can be filed against the guilty and besides asking for their prosecution and punishment, the order can be sought to be got implemented by any coercive method, which the court before whom the contempt proceedings are initiated, thinks fit and proper under the facts and circumstances of the case. It is therefore in the interests of the public good that the judgment of the supreme Court is taken note of, by all the authorities and steps for prohibiting the sale and consumption of liquor is completely prohibited in the State of Jammu & Kashmir.
The lawyers’ body also condemns the beating of six members of a family, one of them a government Teacher, by a dozen of soldiers, in Habber Lassipora village of Khag Tehsil Beerwah.
The Bar Association also condemns the ransacking of houses and beating of innocent civilians, in Hardu Dalwan of Chari Sharief and Devas Khahipora of Arizal area on October 5, and October 13, 2017, respectively and describes the same a grave human rights violation.
The Bar Association demands that all those, who are responsible for these “barbaric and inhuman acts”, should be brought to book and punished under law and the people who have been made the target of the brute force, be provided safety and security, through all possible means so that in future they are not subjected to any kind of torture or beating at the hands of ruthless forces.
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