#Day51: RSD to Kashmiris Is Embedded in Indian Constitution, says Bar



J&K High Court Bar Association Srinagar once again reiteratd its stand that the Kashmir dispute can be resolved only by implementing the United Nation Security Council Resolutions and the resolutions of the United Nation’s Commission for India and Pakistan dated 13:08:1948 and 05:01:1949 for “establishing a durable peace” in the sub-continent.

In a meeting held here on Sunday, a Bar statement said, “it was stated that in terms of 28 Security Council Resolutions including the two passed by the United Nation’s Commission for India and Pakistan, the world community as well as India and Pakistan are committed to hold a plebiscite in the State of J&K to enable the people to decide about their future, as has been done by the people of other princely states in terms of Indian Independence Act of 1947.”

“Right of Self Determination guaranteed by the security council resolutions to the people of Kashmir, is also embedded in Article 253 of the constitution of India, which provides that though the Parliament has the power to make any law for implementing any treaty, agreement or convention with any other country or countries or any decision made at any international conference, association or other body, but no decision affecting the disposition of the state of J&K shall be made by the Government of India without the consent of the Government of the State, which consent can be given by such Government which is brought into existence with the Will of the People, with the sole aim of taking a decision on the disposition of the State, which, however, for the last 70 years has not been done, which fact has also been stated by A G Noorani, in his article It Is A Revolt published by Greater Kashmir in its issue of 05/08/2016,” the Bar detailed in the statement.

In the context of Security Council Resolutions, the Bar said, which as stated above, guarantee right of self-determination to the people of the State of J&K, “no Musharraf and no Modi has the power to neutralize the effect of Security Council resolutions and/or come up with any out of box solution.”

“The Four Point Formula propounded by Musharraf has already been rejected by the people of J&K and in the present scenario it has no relevance. Even if the two countries hold bilateral talks in the spirit of Shimla Agreement, there also it will be the United Nation Security Council resolutions, which will guide them in finding a solution to the Kashmir problem,” the statement said.

“The pledges and promises made by Indian Leaders viz MK Gandhi and Pt JL Nehru, before and after the passing of United Nation Security Council Resolutions also bind the Government of India to ascertain the wishes of the people in a free and impartial plebiscite to be conducted under United Nation auspices. The United Nation Security Council Resolutions it was stated are the bedrock of the right of the people to decide about their future and no one can deprive them of their right of self-determination by giving a go-bye to those resolutions,” the lawyers’ association said.

The Bar said that in order to bring an end to the sufferings and miseries of the people of Kashmir, “it is high time for India and Pakistan to accede to their demand of right of self-determination”.

The Bar also appreciated the decision of the Government of Pakistan in nominating and sending its 22 Parliamentarians, as Special Envoys to different countries of the world, for bringing to their notice the “brutalities and human rights abuses committed by Indian forces” in Kashmir.

The statement said that Bar members condemned the killing of Shakeel Ahmad Ganai of Nikas Pulwama, who was killed by “ruthless” forces by firing bullets on him and also the death of Shahnawaz Ahmad Khatana of Bijbehara, who in order to save himself from the forces wrath, who were firing tear smoke canisters, pellets and bullets to disperse the people, peacefully demonstrating, jumped into river Jhelum and was drowned.

“In order to bring an end to the genocide going on in the State of J&K,” the statement said, “the Bar members once again decided to apprise the World community including the United Nation Human Rights Council, Amnesty International, Asia Watch and other Human Rights Organizations of the World, to take notice of the happenings in Kashmir and play their constructive role, in stopping these abuses in Kashmir.”

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