‘J&K not India’s integral part and without involving Pak, no solution is possible’
SRINAGAR: Kashmir High Court Bar Association on Saturday wrote an open letter to all party delegation, visiting Kashmir on September 4-5, giving historical background of Jammu and Kashmir to elucidate it was not an integral part of India and Pakistan is an important party to it.
“We the members of J&K High Court Bar Association are sorry to inform you that we cannot meet the members of the delegation because we know that there is nothing in your hands. You were here in 1990, 2008 and 2010, but that time also after meeting the people, you did nothing. The reason is obvious that you have your own limitations,” reads the open letter giving complete historical background since partition in 1947.
“We also know that before coming to Kashmir, you were briefed by Home Ministry officials for several days. The word “Delegation” is defined to mean “Instructing another with a general power to act, for the good of those who depute him” fully fits in you,” it said.
The lawyers body said that it was not afraid of talking to the delegation “but when your delegation members proceed on the assumption that Kashmir is an integral part of India, what is the fun of talking to you. You used your best oratory in Lok Sabha and Rajya Sabha to persuade Rajnath Singh to stop the use of pellet guns in the Kashmir but you could not succeed in stopping (use of the munitions). “
The Prime Minister of India, it said, has only on Friday said that Kashmir issue is of “Vikas” and “Vishvas”.
“Is it for that, that you have come to Kashmir and invite the people to talk to you. If it is so, which reality it is, it is only a wastage of time to engage any Kashmiri in talks with your Delegation.”
The lawyers asked the delegation that if it wants to know that 5% or 95% of population want plebiscite or right of self-determination “ask your military and paramilitary forces to go to their barracks, remove curfew and allow people to express as to what they want.”
“You will find floods of them on the streets of Kashmir, demanding an opportunity to determine their future in accordance with the UN Security Council Resolutions.”
It is better to understand the ground reality and not to get deceived from what is being said by those, who have all along acted as “Indian stooges” in J&K, it said.
“The Kashmir issue is not about employment or development, it is an issue which concerns 1.20 Crore people. If India believes in democracy and rule of law and has any respect for the will and wishes of the people, it should forthwith recognize the disputed nature of the Kashmir and shun its proclamation of claiming Kashmir its integral part and start demilitarization, so that the sufferings and miseries of the people of Kashmir, are brought to an end,” the lawyers’ body said.
Referring to New Delhi’s claims that Kashmir is its internal matter and as such Pakistan should not interfere having no locus-standi, it said the stands as unrealistic.
“The sequence of (historical) events would amply show that right from 1947, India has talked to Pakistan and has assured the Pakistani leadership that the promise made to the people of Kashmir, is not a promise only made to them, but to the entire World including Pakistan.”
The Indian complaint in the UN Security Council was also against Pakistan, it said. “The Pakistan government not only replied the compliant but lodged a counter complaint. After hearing the two governments, the UN Security Council passed the resolutions dated 17.01.1948, 20.01.1948, 21.04.1948, 03.06.1948 and appointed a commission for India and Pakistan and directed them to rush to the sub-continent to make arrangements for holding a plebiscite in Kashmir.”
The UNCIP also visited both Pakistan and India and passed resolutions dated 13.08.1948 and 05.01.1949, which were accepted by both countries, it said.
“The direct negotiations were also held by India with Pakistan. Even Tashkent Agreement, Shimla Agreement and Lahore Declaration were entered into by India with Pakistan. Subsequently negotiations were also held with Pakistan. It is thus obvious that Pakistan is a party to the dispute and without engaging Pakistan and the pro-freedom leadership of Kashmir, no solution to the Kashmir problem is possible,” the lawyers Indian claim that Pakistan has no locus-standi is therefore, unrealistic and unfounded.