SRINAGAR: It’s unconstitutional and unethical, both under the domestic and international law, to deny Kashmiris the right to demand a plebiscite, Kashmir High Court Bar Association said on Friday.
“It is not open to anyone to say that the (UN) resolutions are directory and not mandatory in nature. It is utterly unconstitutional and unethical, both under the domestic and international law, to deny Kashmiris the right to demand a plebiscite,” advocate Mian Qayoom, president of the lawyers’ body said in his reaction to senior congress leader Karan Singh’s assertions that the UN resolutions were advisory and not mandatory in nature.
“If the resolutions of the UN Security Council are held to be directory and not mandatory in nature, and therefore, not binding on India, then one would be within his right to ask Dr. Karan Singh as to which document he would rely upon to justify the Indian occupation of Kashmir, as the instrument of accession allegedly executed by his father Maharaja Hari Singh, has already been held by the Security Council to be invalid, which position has also been accepted by India,” Qayoom said.
Qayoom asked Karan Singh to ask India to fulfill its promise by holding a plebiscite in the State of J&K, because the seeds of “forcible occupation” of Kashmir were sown by none else but by his father Maharaja Hari Singh, “who by asking Indian help brought Indian troops to Kashmir and thereby miseries and sufferings to the people of Kashmir.”
He should also condemn the brute force used by India for killing Kashmiris for the last 70 years, Qayoom said.
Qayoom said that Singh should also condemn the use of pellets, which have blinded more than 700 persons from July 8till date.
“He should also ask for demilitarization of the State and withdrawal of all draconian laws, which have been used by the Indian Govt. from 1947 to suppress and subjugate the people of Kashmir.”
Justice Hasnain Masoodi, who retired as judge of the J&K High Court earlier this year, said that the resolutions passed by the UN are not ‘decrees’ passed by a civil court, under their ordinary jurisdiction but these resolutions are the words of promise made by the International Community, as well as by India and Pakistan to the people of Kashmir.