Ordinance on shutdown calls attack on fundamental Rights:Bar
Jammu and Kashmir Bar Association on Sunday described government ordinance on shutdowns as an attack on the fundamental right of speech, freedom of expression and denial of the right to take out any procession against “suppression and oppression” by the government and its agencies.
Earlier this week, the governor promulgated ‘J&K Public Property (Prevention of Damage) (Amendment) Ordinance’, by virtue of which persons and organizations calling for shutdown, demonstrations or other forms of protest, wherein properties are damaged are liable for imprisonment.
“The Bar Association maintains that a demonstration is a visible manifestation of the feelings or sentiments of an individual or a group and the right to hold protest, demonstrations or call for any other form of dissent so as to express his feelings and sentiments is guaranteed both under domestic and international law viz. Universal Declarations of Human Rights, 1948, as well as under International Covenant on Civil and Political Rights, 1966 and International Covenant of Economic, Social and Cultural Rights, 1966, which rights are available to the human beings in recognition of their inherent dignity and disregard to what is barbarous,” lawyers body said in a statement issued here.
The lawyers’ body said that it also feels that the provisions of the Ordinance can be misused and any one whether, guilty or not guilty, can be booked under the ordinance at the whim and caprice of any authority and put behind the bars for any period of time.
It also expressed its concern over the arrest of Shahid Yousuf son of Syed Salah-ud-din, who is a government employee, working in Agriculture Department and also summoning of Muzamil Ahmad Khan, a B.Tech. student, who is his grandson, to New Delhi, by NIA, for questioning and describes the same as an act of harassment to terrorize the family