Pakistan has to keep its course in just cause of Kashmir: JKCHR

Islamabad

Jammu and Kashmir Council for Human Rights (JKCHR) has said that Indian view floated post Uri drama that “Kashmir is an integral part of India” and “Pakistan is not a stakeholder at all in the Kashmir issue” has no merit, says a press release.

JKCHR President Dr. Syed Nazir Gilani has said that India has outlived its short stay granted to it under provisional accession. “India has no accession with the government of occupied Kashmir at this point and the UN Security Council is seized of the matter. Pakistan has a dual role as a party to the Kashmir dispute and as a member of the United Nations,” he added.

JKCHR has refuted the argument made by the Ram Jethmalani, a former chairman of the Indian occupied Kashmir Committee, that Kashmir dispute has been settled four times, that is, by Maharaja in 1947, Tashkent Declaration in 1966 and Shimla Agreement in 1972. President JKCHR Dr. Nazir Gilani has said that Pakistan’s quid pro quo with India in the past or a silence at the UN and a non – interest in UN Resolutions on Kashmir has helped India and harmed the title of the people to self-determination and hurt the interests of Pakistan. India succeeded to trick Musharraf to concede that resistance against India in Kashmir was terrorism and there was a need to distance away from UN Resolutions. It was unfair to the people of Kashmir and unconstitutional according to article 257 of the Constitution of Pakistan. It was a serious violation of duties assumed by the Government of Pakistan under UNCIP resolutions in Azad Kashmir.

“We have not pursued our case in accordance with the Jurisprudence of UN Resolutions on Kashmir. We have fallen prey to Indian propaganda that these Resolutions are not enforceable, knowing well that the cease fire agreement of January 1949 and the establishment of UNMOGIP since 1949 are part implementation of UN Resolutions on Kashmir,” he added.

Dr. Nazir Gilani said that it is never too late. “We need to correct ourselves and keep course. Ram Jethmalani is a leading jurist of India and we respect him too. But he is wrong on the jurisprudence of Accession by Maharaja October 26, 1947, Tashkent Declaration January 10, 1966 and Shimla Agreement of July 2, 1972.

“The Accession in itself is temporary and conditional. It has been taken over by the United Nations Resolutions for a reference of the people of Jammu and Kashmir under a free and impartial plebiscite supervised by the UN. There is no accession at this point. The only pending question is a free vote under the supervision of the UN. Tashkent Declaration and Shimla Agreement can’t override the question of self-determination as a principle of UN Charter under article 1 (2). In the case of a dispute on the merits of Tashkent Declaration and Shimla Agreement, UN Resolutions on Kashmir would prevail under Article 103 of UN Charter,” he added.

JKCHR president said that Pakistan has to keep to the jurisprudence of UN Resolutions on Kashmir and keep its course as chartered at the 69th, 70th and 71st session of UN General Assembly and keep faith in the resolution passed by the joint session of the parliament on October 07 2016. People of Jammu and Kashmir have a guaranteed title to self-determination under article 1(2) of UN Charter and UN Resolutions on Kashmir, he added.