Kashmir Cause of Pakistan’s Sufferings: Kashmir Bar

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Srinagar:J&K High Court Bar Association Kashmir Monday reiterated its stand on Kashmir and “in clear, categorical and unambiguous terms” stated that “Kashmir is an internationally accepted dispute and its resolution lies in the implementation of UN Security Council Resolutions”.

“Those who say that the so called accession of Kashmir with India is final are only befooling themselves and are rubbing salt in the wounds of Kashmiri people who for the last 69 years have been fighting for their Right of Self Determination and have given tremendous sacrifices for the same,” a Bar statement said this evening.

The Bar Association maintained that in terms of UN Security Council Resolutions of 21 April, 1948; 3 June, 1948; 14 March, 1950 and United Nation’s Commission for India and Pakistan resolutions of 13 August, 1948 and 5 January, 1949, “the final disposition of the State has to be made in accordance with the Will of people to be ascertained through a democratic method of a free and impartial plebiscite to be conducted under the auspices of the United Nations”.

“The Bar Association also makes it clear that in terms of UN Security Council Resolutions of 30 March, 1951 and 24 January, 1957, convening of a constituent Assembly on the recommendations of General Council of All J&K National Conference and all the actions of that assembly including the framing of a constitution for the State has been held and declared not to constitute a disposition of the State in accordance with the principles embodied in the resolutions passed by the UN Security Council on Kashmir,” the statement said.

“In terms of the constitution of India, Kashmir is an unsettled dispute and has to be resolved in accordance with the wishes of the people. In this behalf it is stated that in terms of provision to Article 3 of the Constitution of India, Parliament has the power to make law with regard to formation of any new State by separation of territory from any other state or by uniting two or more states or else to increase or diminish the area of any state or alter the boundaries of any state or change the name of any state, but in so far as the State of J&K is concerned, no bill providing for increasing or diminishing the area of State of J&K or changing the name or altering the boundaries of the State can be introduced in the Indian Parliament, without the consent of the legislature of the State, which legislature has to be brought into existence, only for the purposes of determining the said question,” the statement added.

“Similarly in terms of Article 35–A, no existing law in force in the State of J&K and no law enacted by the legislature of the state, after the coming into force of Constitution (Application to J&K) Order 1954, defining the classes of the persons, who are or shall be the permanent residents of the State of J&K, can be altered by the Parliament.

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