Elections Futile, Benefit Those Seeking Delay Of K-Settlement: Bar

SRINAGAR — Kashmir High Court Bar Association on Wednesday said that holding of elections in Jammu and Kashmir was a futile exercise and it has benefitted only those who are interested in the prolonging the final and permanent resolution of Kashmir issue. 

In a statement issued here, the lawyers’ body also expressed serious concern over the “deteriorating condition” of prisoners lodged in Central Jail here. 

The inmates had gone on hunger strike for not allowing them to meet their kith and kin, who wanted to meet them but were not permitted to do so and also for not meeting their demand of withdrawal of the false and fictitious FIR registered against them with regard to the recent incident, the lawyers’ body said. 

“The Bar Association demands that the relatives of the prisoners lodged in Central Jail, Srinagar and/or in other jail he allowed to meet them and the FIR registered against the prisoners lodged in Central Jail, Srinagar, by P/S Rainawari, Srinagar, on fictitious allegations be withdrawn and they be assured of a fair treatment while in jail, including their production in courts, where their cases are pending,” reads the statement issued here. 

It also reiterates its stand that holding of elections in the State was a futile exercise and it has benefitted only those who are interested in the prolonging of the final and permanent resolution of “Kashmir dispute”. 

“Until Kashmir dispute is decided according to the aspirations and wishes of the people, there will be no peace in the sub-continent and the possibility of a war between India and Pakistan on the issue of Kashmir will loom large in the region.” 

The Bar Association maintains that the United Nations Security Council in terms of its Resolution No. S/3779 dated 24.01.1957, while reminding the Govt. of Pakistan and India and the concerned authorities of the principle embodied in its resolutions of 21st of April, 1948; 3rd June, 1948’ 14th March, 1950 and 30th March, 1951 and the United Nations Commission for India and Pakistan resolutions of 13th August, 1948 and 5th January, 1949 has stated that the final disposition of the State of J&K will be made in accordance with the will of the people expressed through the democratic method of a free and impartial plebiscite conducted under the auspices of the United Nations. 

“Any election held shall neither be a substitute for such plebiscite nor will it constitute a final disposition of the State in accordance with the principle. It is therefore imperative on both India and Pakistan to demilitarize the State of J&K and hold a plebiscite so that the people can decide about their future accordingly in a free, fair and impartial manner so that peace, tranquility, and prosperity of the people is ensured in every respect.” 

The Bar Association also said that in terms of proviso added to Article 253 of the Indian Constitution the government of India has bound itself to hold plebiscite in the State of J&K, as such, it should abide by its own constitution and take steps to implement its terms by providing an opportunity to the people to decide about their future, in a free, fair and impartial plebiscite.

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