POLICY STATEMENT: 14-06-2011 The Jammu and Kashmir High Court Bar Association Srinagar rejects the contention of the Indian congress leadership as given by M. L. Fotedar
MR. EDITOR, ATTENTION PLEASE :
The Jammu and Kashmir High Court Bar Association Srinagar rejects the contention of the Indian congress leadership as given by M. L. Fotedar that accession of Jammu and Kashmir with India is final. This view point is denial of the acceptance of historical realities and political ethics. The fact of the matter is that Kashmir is a dispute since 1947 itself. The so called accession is even conditional subject to the will of the people of Jammu and Kashmir which will is yet to be determined. The Kashmir is an international issue which involves the determination of the political and future status of the state of Jammu and Kashmir on the basis of universally recognized and acknowledged principal of peoples right to self determination. The Kashmir is a live agenda in the united nations organizations interms of the resolutions including the historical resolution of 13th August 1948 and 5th January 1949 which envisage free, fair and impartial plebiscite for determination of the J&K State and to which both India and Pakistan have agreed in unequivocal terms and witnessed by all the members of the United Nations. The bilateral agreements between India and Pakistan including Tashkant Agreement of 1965, similar agreement of 1972 and Indian commitments at International level as well as with the people of J&K since 1947 are historical pronouncements to the effect that Kashmir is an issue which involves the dispensation of the future status of state of Jammu and Kashmir in accordance with the wishes and aspirations of people of J&K.
The Jammu and Kashmir High Court Bar Association Srinagar rejects the view point of the Kashmir committee members including its Chief Mr. Ram Jet Malani on Kashmir issues as an antithesis of the genesis of the Kashmir issue. The statement of the Kashmir committee that Kashmir issue an issue of democracy and not of plebiscite is far from reality and negation of the political history of the Kashmir dispute. The views of Kashmir committee members including its Chief Mr. Ram Jet Malani on Kashmir issues is an antithesis of the genesis of the Kashmir issue. The statement of the Kashmir committee that Kashmir issue an issue of democracy and not of plebiscite is far from reality and negation of the political history of the Kashmir dispute. Mr. Ram Jet Malani and his associates subscribe to a political thought which is based on false nationalistic patriotic feelings bereft of truth and historical realities. The assessment of Mr. Ram Jet Malani that 60% of the people of Jammu and Kashmir subscribe to accession to India is an erroneous and vicious thinking. The Bar Association equally rejects the views of Mani Shanker Aiyer that Panchayats in J&K are a substitute of self rule. It is a hard reality that the constitution of Municipal Corporation and local bodies cannot be substitute of plebiscite.
The disputed character of the J&K issue is admitted fact by the Govt. of India from time to time even now by this time the Govt. of India on one hand has nominated three interlocutors headed by Dilip Padgounkar and on track two the Govt. of India is on a serious mission with the Govt. of Pakistan. These developments in the sub continent as well as the developments taking place in recent times in the United Nations Organizations and European Union and organization of Islamic Countries reflect that Kashmir is a political issue which deserves a peaceful settlement in accordance with the wishes of the people of J&K. In order to resolve Kashmir issue all the parties including India, Pakistan and the people of Jammu and Kashmir have to set across and find out an amicable and peaceful resolution to the dispute. This is in the larger interest of the peace, security and development in the south Asia. The Bar Association appeals all the stake holders to accept the ground realities and proceed ahead with rational pragmatism to search out the solution.