J&K High Court Bar Association (HCBA) has reiterated its stand that the Kashmir dispute can be resolved only by implementing the United Nation Security Council resolutions for establishing a durable peace in the sub-continent.
"At a meeting held here today 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," HCBA said in a statement.
"It was also stated that the 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."
Elaborating, the HCBA said "this 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 in Greater Kashmir on 05.08.2016," it said.
"It was also stated that in the context of Security Council Resolutions, which as stated above, guarantee right of self-determination to the people of the State of J&K, no one has the power to neutralize the effect of Security Council resolutions or come up with any out of box solution," it said.
"It was also stated that 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. It was also stated that 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. 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 statement said.
The Bar members also appreciated the decision of the Pakistan government nominating and sending its 22 Parliamentarians as Special Envoys to different countries of the world for bringing to their notice, "the human rights abuses' committed by Indian forces in Kashmir."
"We also condemn the killing of Shakeel Ahmad Ganai of Nikas Pulwama, who was killed in forces firing and also the death of Shah Nawaz 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, jumped into river Jhelum and was drowned," it said.