——- Writes Judicial verdicts can’t be invoked to determine final status of internationally-recognised disputed territory
——- Adds Indian SC can’t rule on Kashmir’s status
——- Demands implementation of UN resolutions
By Asghar Ali Mubarak
ISLAMABAD: Interim Foreign Minister Jalil Abbas Jilani has penned letters to the leadership of the United Nations, European Union and Organisation of Islamic Cooperation on the “illegality” of the Indian Supreme Court verdict on the status of held Kashmir, the Foreign Office (FO) said on Saturday.
On Monday, India’s Supreme Court had ruled in a unanimous verdict that the special status of held Kashmir was a temporary provision and upheld an order abrogating Article 370 in the constitution. It had also directed the election commission to hold elections in held Kashmir by September 30, 2024.
In August 2019, India’s ruling Bharatiya Janata Party had revoked occupied Kashmir’s special status by repealing Article 370 of the constitution. The law had limited the power of the Indian parliament to impose laws in the state, apart from matters of defence, foreign affairs and communications.
The move allowed people from the rest of the country to have the right to acquire property in held Kashmir and settle there permanently.
Kashmiris, international organisations and critics of India’s Hindu nationalist-led government had termed the move an attempt to dilute the demographics of Muslim-majority Kashmir with Hindu settlers.
A five-member bench headed by Chief Justice of India DY Chandrachud had begun hearing the set of petitions challenging the reading down of Article 370 of the Indian constitution on July 11 and reserved its verdict on September 5. FM Jilani had “categorically” rejected the verdict and said he would write to international organisations to “apprise them of the futility” of the ruling.
According to a press release issued today from the FO, the foreign minister emphasised in his letters that under international law, domestic legislation and judicial verdicts could not be invoked to determine the final status of an internationally recognised disputed territory. “The foreign minister has condemned the unlawful measures of the Indian authorities to consolidate their occupation of IIOJK (Indian Illegally Occupied Jammu and Kashmir) and persistent suppression of the rights of the people of Jammu and Kashmir. India’s illegal and unilateral actions of August 5 2019, and a series of subsequent steps, are aimed at altering the demographic structure and political landscape of IIOJK. The clear goal of these unlawful steps is to convert Kashmiris into a disempowered community in their own land.
“FM Jilani has termed the recent judgement of the Supreme Court of India, a breach of international law and relevant UN Security Council resolutions, especially Resolution 122 (1957). This endorsement of India’s unlawful measures cannot override the provisions and prescriptions of the UN Security Council as contained in its resolutions on Jammu and Kashmir,” the FO said.
It added that FM Jilani called on the UNSC to ensure full implementation of its resolutions on the Jammu and Kashmir dispute and to urge India to end the “grave and systematic human rights violations in IIOJK and to reverse all its illegal and unilateral actions in IIOJK undertaken since August 5, 2019”.
Chief of Army Staff General Asim Munir had also raised the issue with UN Secretary General Antonio Guterres during a meeting in New York on Friday.
Emphasising the Kashmir issue, Gen Munir stated that peace in South Asia would remain unattainable until a solution aligns with UNSC resolutions and the aspirations of the Kashmiri people.
He also condemned “illegal Indian efforts to change the status of Jammu and Kashmir”, deeming it a violation of UNSC resolutions.
