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Press Release …4.8.2016

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Jammu and Kashmir

high court bar association

Srinagar Kashmir

HCBA/CON/09-97 04.08.2016

press release

“Indian Occupational Forces are engaged in the systematic genocide of people of Kashmir and not only they are killing and blinding the people with bullets and pellets, but are also humiliating both men, women and children, irrespective of their age and are destroying and damaging their properties without any kind of let up and during the past one month more than 50 persons have been killed and around 5,000 have been wounded by use of bullets and pellets in ruthless and barbaric manner and the World is watching the same as mute and unmindful spectators”. This was stated by the members of the Executive Committee of the Bar Association in an executive committee meeting held here today to discuss the prevailing situation in Kashmir.

While condemning the killing of Reyaz Ahmad Shah, a 22 year old young man of Chattabal, who was working as an ATM Guard and Farooq Ahmad Kuchay, a truck driver of Lethpora and injuring of more than 150 people, at Damhal Hanjipora Kulgam and 30 persons at Siri Gufwara Anantnag, who were part of two rallies, which were to hold a peaceful demonstration, against the killing of innocent people and some of whom were travelling on bikes, which were set on fire by the ruthless forces; and also the reign of terror let loose in Kashmir valley by these barbaric forces, by arresting young and old alike and putting them behind the bars, the members stated that despite these gruesome acts of human rights violations, the UNO, OIC, Amnesty International, Asia Watch and other Human Rights Organizations of the World are taking no action against India and even in an unusual move, the UN has back-tracked from its statement that it will continue to monitor the situation in Kashmir through its Military Observer Group in India and Pakistan by stating that the mission doesnot have a mandate beyond Line of Control.

The Bar members stated that it was in terms of UNCIP Resolution dated 13.08.1948, that a proposal of ceasefire and truce agreement was submitted to the Govt. of India and Pakistan and it was stated that the commission will appoint a military observer, who under the authority of the commission and with the co-operation of both commands will supervise the observance of ceasefire order. The UNCIP Resolution dated 13.08.1948 was however, clarified by the commission subsequently, whereby it was re-affirmed that UN military observers will be posted on both sides of ceasefire line, with the object of ensuring that besides the ceasefire order, the conditions of the truce agreement should be adhered to and in case of breach of any conditions of the truce agreement, a report will be submitted to the commission, which will call upon the authorities in either area, to take the desired action. As the truce agreement as proposed and accepted by both India and Pakistan related to the withdrawal of forces by both the countries from the State and also holding of the plebiscite in the State and for creating an equitable conditions to assure free expression of the people, it was accordingly stated that the statement made by UN General Secretary’s spokesman Stephane Dujarric, was not therefore, based on facts and/or on correct understanding of the role of military observers in the State and seems to have been issued only to please Indian Govt., at the cost of the innocent people of Kashmir.

The Bar Association while requesting the UN Secretary General to get the Kashmir dispute settled in accordance with UN Resolutions, also impress upon India to stop gross Human Rights Violations in the State by stopping the use of gun and pellets, and create conditions for holding a plebiscite in the State of J&K so that obligation as is casted on the UN interms of its resolutions is discharged by it. The Bar Association also requests the OIC to convene an urgent meeting of its members to discuss the Kashmir issue and to take concrete steps for ensuring the security and safety of the people. The Bar Association also requests the Amnesty International, Asia Watch and other Human rights Organizations of the world and of India to send their teams to Kashmir so that they can see for themselves as to what kind of beastly treatment is meted out to the people of Kashmir at the hands of Indian Occupational Forces and how they have remained mum and have not uttered a word against India for stopping these human rights violations.

The Bar Association has also decided to send letters to all the Embassies of different countries of the world, stationed at Delhi to come to send its teams to the valley, so as to take stock of the situation prevalent over here and report the same to their respective Embassies for its onward transmission to their countries, for impressing upon UN Security Council to get the Kashmir issue settled in accordance with UN Security Council Resolutions, as its prolongation was harmful to both India and Pakistan and also to the people of Kashmir, who want to live in peace, but because of the stubborn attitude of India are not in a position to do so. They should also inform their countries that if the Kashmir dispute is not settled in accordance with the wishes of the people of Kashmir, there is a possibility of Nuclear War between the two countries, which will affect the entire world and land the people in trouble.

Meanwhile the Bar members have decided to request all the lawyers living in Kashmir valley or elsewhere and irrespective of the fact as to whether they are members of the Bar Association or not, collect the information of all those persons, who have been killed, blinded or injured by the occupational forces and the police and forward the said information, alongwith copies of FIRs, if any, to the Bar Association for enable it to take further action in the matter. In case no FIR about, any such incident has been registered by the police, they should file petitions before the concerned courts for the said purpose and forward copies of those applications alongwith orders of the courts to the Bar Association, so that appropriate action is taken by the Bar Association in the matter.

Anwar-ul-Islam Shaheen,

joint Secretary,

J&K High Court,

Dated : 04.08.2016 Bar Association, Srinagar.