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Press Release of Bar Association ….26.7.2016

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Jammu and Kashmir

high court bar association

Srinagar Kashmir

HCBA/CON/09-97 26.07.2016

press release

The members of the Executive Committee of the J&K High Court Bar Association, who met here to take stock of the situation prevailing in the State of J&K, while paying glowing tributes to all those who were martyred by the ruthless forces during the past three weeks by use of bullets and pellets, vowed to play their role more effectively to take the ongoing freedom struggle to its logical end.

The Bar members also described the visit of Home Minister of India to Kashmir as an eye wash, just to mislead the international community in believing that the Indian Govt. is very much concerned about the Kashmiri people, which they are not. The members also stated that due to the stubborn attitude of India in not resolving the Kashmir issue in accordance with the wishes of the people, all genuine people of Kashmir refused to meet the Indian Home Minister and for showing that he met 30 delegations in Srinagar, people were imported from Jammu and other places and even one group of three persons was divided into three to show that three groups met the Home Minister. In Anantnag police personnel were made to wear civil dress to look like members of civil society, who were then made to meet the Home Minister. While describing the visit of Home Minister, a total failure in so far as persuading the people of Kashmir to meet him is concerned, it was stated that despite his verbal orders to the barbaric forces to refrain from using pellet shotguns, only a day thereafter, dozens of people in South Kashmir were subjected to pellet gun injuries and two of the injured, a 14 year and a 15 year boy, from Khudwani and Redwani villages of Kulgam District, received pellet injuries in their eyes and were referred to SMHS Hospital for treatment. It was also stated that though the Indian Home Minister both inside and outside the Parliament had stated that pellet guns are “non-lethal”, the Director General of CRPF, K. Durga Prasad, yesterday, belied a statement by saying in a press conference that there was no weapon called “non-lethal” and that they will continue to use the pellet guns. It was also stated that these forces have even dared to defy the directions of the High Court, which had also directed them not to use the pellet guns as it was against all civilized norms to use such guns against unarmed civilians and it is yet to been seen as to what kind of action, the Hon’ble High Court will take against the forces for using the pellet guns despite the directions passed by the court.

The Bar members also stated that J&K State is not an integral part of India, because even after the making of constitution of J&K State, the Security Council in its 765th meeting held on 24.12.1957, while reminding Govt. of India and other concerned authorities, of the principle embodied in its resolutions dated 21.04.1948; 03.06.1948; 14.03.1950 and 30.03.1951 and the United Nations Commission for India and Pakistan resolutions dated 13.08.1948 and 05.01.1949 clearly and categorically stated that the final disposition of state of Jammu & Kashmir will be made in accordance with the will of the people to be expressed through the democratic method of a free and impartial plebiscite to be conducted under the auspices of United Nations. The said resolution also re-affirmed the affirmation of Security Council resolution of 30.03.1951 and declared that the convening of a constituent Assembly as recommended by “All Jammu & Kashmir National Conference” and any action that Assembly may have taken or might attempt to take to determine the future shape and affiliation of the entire state or any part thereof or action by the parties concerned in support of any such action by the Assembly, would not constitute a disposition of the State in accordance with the above principle.

The Bar members also stated that the statement of Indian Foreign Minister Sushma Suraj, regarding Pakistan was clearly unrealistic because Pakistan was a party to the dispute and in terms of more than 27 Security Council resolutions, as well as Tashkant Agreement of 1965; Shimla Agreement of 1972; Lahore Declarations of 1999 & New York Declarations of 2004 & 2005; Havana Declaration of 2006 and host of many other Joint Statements, India has accepted and acknowledged, the status of Pakistan as a party to the dispute and as such Pakistan has every right to seek settlement of Kashmir dispute in accordance with the wishes of the people to be ascertained in a free and impartial plebiscite to be conducted under the auspices of United Nations. The members also lauded the role of Pakistan in highlighting the plight of the people of Kashmir and in requesting the United Nations Organizations as also the other peace loving people of the World to play their role in settling the Kashmir issue in accordance with the wishes of the people.

The members also stated that neither economic or any other package nor use of military force can weaken or cause any kind of dent in the ongoing freedom struggle and the said struggle, which is indigenous in nature, is bound to succeed because no power on earth has succeeded so far in crushing any such movement, launched by the people, demanding their right of self-determination by use of brute force and barbaric tactic of killing innocents.

The Bar members also praised the role played by the youngsters in the ongoing movement and also the resilience shown by old and young in defying all curbs and restrictions and joining the procession and demonstrations, in seeking freedom from India. The Bar members also appreciated the part played by several peace loving organizations and groups in India, who have come openly in support of Kashmiri people and have demanded that they should be given their right without killing them by use of brute force. Some of the members of these organizations had even tried to reach Srinagar to show their solidarity with the people of Kashmir but the forces who are engaged in committing genocide of people of Kashmir have not allowed them to come to Kashmir.

The Bar members also decided to raise a fund from the contribution of its members so as to help those who are in distress and have suffered during the past three weeks at the hands of brutal forces and need immediate help and assistance. The Bar members also praised its members, who have been attending to the injured in various hospitals during the past three weeks and requested them to continue doing so in future as well.

Bashir Sidiq,

General Secretary,

J&K High Court,

Dated : 26.07.2016 Bar Association, Srinagar.