PBC, SCBA condemn Indian SC’s verdict on IIOJK’s special status

13 Dec, 2023

ISLAMABAD: Pakistan Bar Council (PBC) and the Supreme Court Bar Association (SCBA) strongly condemned the Indian Supreme Court’s ruling to uphold the 2019 revocation of occupied Jammu and Kashmir’s special status and expressed that it holds no legal significance.

The PBC and the SCBA in separate statements, issued on Tuesday, condemned the Indian Supreme Court’s judgment.

PBC Vice-Chairman Haroonur Rashid and Chairman Executive Committee Hassan Pasha and members of the Council accused India for using the pretext of domestic legislation and judicial verdicts to abdicate its international obligations and expressed that to uphold the shameful act of Indian government of August 5, 2019 to abrogate Article 370 of the Indian Constitution in the region of Jammu and Kashmir, which has had far-reaching implications, not only for the people of the region but also for the broader principles of democracy, self-determination, and international law.

They expressed that Pakistan does not acknowledge the supremacy of Indian constitution over Jammu and Kashmir considering it an internationally recognized disputed territory and said that any process subservient to the Indian constitution carries no legal significance. They said the underscored judgment would not distract the international community from the ongoing violations held in Kashmir.

They reiterated the legal fraternity of Pakistan’s unwavering support and stand in solidarity with the oppressed Kashmiri people and their ongoing struggle for their right of self-determination and freedom and expressed that the occupation of Jammu and Kashmir is still one of the longest-standing and unresolved issues in the world, characterized by human rights abuses, violence, and is a consistent denial of the right of self-determination for the Kashmiri people.

They in condemnation of yesterday’s verdict of Indian Supreme Court and to express solidarity with lawyers and people of Jammu and Kashmir have announced a complete strike from all the Courts throughout the country for Thursday, 14th December 2023, as a mark of protest against the decision of Indian Supreme Court for upholding 2019 revocation of occupied Jammu and Kashmir’s special status.

SCBA’s President Shahzad Shaukat, Secretary Syed Ali Imran, and the 26th Executive Committee jointly expressed their unequivocal rejection and condemnation of the recent judgment by the Indian Supreme Court upholding the abrogation of Article 370 and declaring Indian Occupied Kashmir as an integral part of India, treating it on par with other states, the decision that holds no legal significance.

The SCBAP views this verdict as illegal and raises profound concerns about the independence and credibility of the Indian Supreme Court. The fundamental role of the judiciary in upholding justice and fairness, free from external and internal influence, appears compromised with this decision, casting doubt on its ability to act independently and impartially.

This association underscores that any conclusion regarding Jammu and Kashmir must adhere to the principles outlined in the UN Security Council Resolutions, recognizing the rights and aspirations of the Kashmiri people. The unilateral efforts by India to determine the status of this disputed region are vehemently opposed.

The SCBAP hereby urged that the longstanding conflict in Jammu and Kashmir, globally acknowledged and on the UN Security Council agenda for decades, demands a resolution aligned with pertinent UN Security Council Resolutions for a just and lasting solution that respects the rights and aspirations of the Kashmiri people.

Copyright Business Recorder, 2023

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