Bar supports Oct 27 shutdown call

Srinagar: The High Court Bar Association (HCBA) has extended full support to the shutdown call of October 27.

According to a statement, Mohammad Ashraf Bhat, general secretary of the HCA has said: “The Bar firmly believes that it was on this day (October 27) of 1947, that Indian Occupational Troops entered Kashmir forcibly and since then have not vacated their unlawful occupation despite assurances and promises given by Indian leaders both inside and outside the Parliament and also before the International Fora.”

The Bar Association has said that it feels that even if the instrument of accession, which otherwise is a doubtful document, is presumed to have been executed by Maharaja Hari Singh at Jammu on 26.10.1947, yet interms of the decision of Govt. of India dated 27.10.1947, the issue of accession of State had to be settled by reference to the people. 

“Instead, the Govt. of India took the matter to the UNO, which after considering the rival stands of India and Pakistan passed several resolutions including the one passed on 05.01.1948 emphasizing the holding of a plebiscite in the State of J&K,” Bhat has said in the statement.

 The security council, he said has also passed a resolution on 30.03.1951 affirming that the convening of a constituent Assembly of taking any action that the assembly might attempt to take to determine the future shape and affiliation of the entire state or any part thereof would not constitute a disposition of the state in accordance with the principle of holding a free and impartial plebiscite to be conducted under the auspices of United Nation in the state.

“The Security Council in its resolution dated 24.01.1957, once again reminded the Govt. of India and all the authorities concerned that the final disposition of the State of J&K is only to be made in accordance with the will of the people of J&K to be expressed by them in a free and impartial plebiscite to be conducted under the auspices of United Nations and any action taken or to be taken by the constituent assembly would not constitute a disposition of the State in accordance with the above principle.”

The Bar feels, Bhat said that at a time when India is trying hard to become a Permanent member of Security Council and is persuading Russia, Germany and Japan to extend their support to its becoming such a member, ‘it is imperative for India first to implement the Security Council resolutions vis-a-viz Kashmir and give the right of self-determination to the people of Kashmir, so as to choose their future as otherwise it would be a mockery of U.N. Charter to allow India to become such a member without fulfilling its pledge and promise made to the people of Kashmir.’

The Bar Association has also paid rich tributes to Advocate Abdul Qadir Sailani, who was martyred on 18.10.2013 by Indian agents at Soura only because he was a staunch supporter of the cause of freedom of people of Kashmir.

The Bar Association has decided to observe 27th of March every year as a day of solidarity with all those martyrs of the lawyers fraternity who have laid their lives for the sacred cause of freedom of Kashmir.

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