KL NEWS NETWORK
SRINAGAR
The five-member team of Bar Association led by former Foreign Minister Yashwant Sinha on Thursday met a team of lawyers representing Bar Association Srinagar.
“The Bar members told them that in the past also, several delegations have come to Kashmir and have met different groups here including the Bar members, but after promising that they will submit a report to the concerned authorities and give a feedback to them, for taking the process forward, they did not show their face again,” a statement issued by the Bar said adding that a 19-member team of J&K High Court Bar Association, Srinagar was led by Advocate Mian Ab Qayoom.
The Bar statement detailing the meet is reproduced here:
They (Yashwant Sinha led group) were also told that India has never shown its sincerity or seriousness to resolve the Kashmir Issue and it has always dragged on and has succeeded in doing so, for the last seventy years, by using different tactics and in the process it is the Kashmiri people who have been made to suffer, the onslaught of its ruthless forces, in which only in the past 3 ½ months, 94 persons have lost their lives and about 16000 have sustained injuries due to the use of bullets and pellets. They were also told that pellets which are meant for scaring animals or protecting crops or killing birds, are being used against the innocent Kashmiris and during the past 3 ½ months more than 1200 have received pellet injuries in their eyes, rendering about 300 completely are 700 partially blind. They were also told that more than 12000 persons mostly young, have been arrested during the last 3 ½ months, out of whom 1000 have been detained under PSA and lodged in different jails outside valley to make their meeting with their family members, relatives and friends impossible. They were also told that for the last 3 ½ months everything has come to standstill in Kashmir and the Indian Govt. instead of understanding the ground reality and addressing the core issue of Kashmir, is treating it as a ‘law and order problem’ and is bringing in more and more troops to suppress and subjugate the people. They were told that Kashmir issue is not an issue of development or employment, but a problem of about 1.20 lakh people who want a permanent solution to Kashmir problem according to their wishes. They were also told that unless Kashmir issue is not resolved according to the wishes of the people, there will be no peace in the Sub-Continent. When asked as to what is the solution to the Kashmir problem, the delegation members were told that the solution lies in the implementation of the United Nations Security Council Resolutions and if for any reason, the three parties to the dispute viz. India, Pakistan and the people of Kashmir, come to a conclusion that the implementation of Security Council Resolution is not possible, then they should hold tripartite talks in some neutral country like China, USA or Britain, for arriving at a negotiated settlement of the dispute which should be again acceptable to all the three parties. They were also told that the 28 UN Security Council Resolutions which have dislodged and superseded the Indian claim of ‘accession’ over Kashmir are the backbone of Kashmir cause and those resolutions can neither be ignored nor sidelined or termed to be outdated and irrelevant. They were also told that the Indian claim that Kashmir is its ‘integral part’ is legally as well as factually unsustainable. They were also told that Pakistan is a necessary party to the dispute and without engaging Pakistan, there can be no solution to the problem. The delegation members were also told that the Kashmir dispute cannot be solved by a war between India and Pakistan, as war is no solution to the problem and that both the countries will not afford to go for a forth war again, as both are nuclear. They were told that the problem has to be settled in accordance with the wishes of the people and no solution can be thrust on the people, from above. They were also told that withdrawal of AFSPA, releasing all those who have been incarcerated, who are mostly youngsters and to withdraw all the cases against them and to revoke the orders of dismissal of Govt. employees, may be imperative for the Govt. to create a conducive atmosphere, but all those things being peripheral and an off shoot of Kashmir dispute, as such it is the core issue of Kashmir, which has to be addressed first and unless and until Indian Govt. takes positive and concrete steps to resolve the Kashmir problem, these measures will be inconsequential. They were also told that even though there is no statesman-like person in India, as on today and that there are only politicians of one party or the other, who for their own reasons, do not want to resolve the Kashmir problem, but still in keeping with the India’s fair image of being a largest democracy of the world, which believes in rule of law and is committed to the right of self-determination of the people and is signatory to all the important international covenants, therefore, India should come forward to resolve the Kashmir issue at the earliest, in accordance with the wishes of the people. They were told that the anti-India sentiment in Kashmir is so deep rooted and so engrossed in the minds of the people, that even if the present uprising is suppressed by all repressive measures, including the Indian military might, there is no guarantee that it will not resurface again in one or the other form, as has happened after 2008, 2009 and 2010, as such the Indian Govt. should therefore, shun its arrogance and rigidity and solve Kashmir problem, as it is in its own interests, as also in the interests of world peace and tranquillity.
The delegation members told the Bar Association that after meeting Hurriyat Leaders, Trade Bodies and Civil Society members, they honestly believe that the Kashmir issue has to be settled through a sustained dialogue, which should be unconditional on both sides.
They, however, said that they have come to Kashmir in their individual capacities, to understand the pain and sufferings of Kashmiri people and to associate themselves with them, but they assured the Bar Association that they will submit their report to the Government of India and also inform the Indian masses, about the ground realities in Kashmir and also as to how the problem can be solved for establishing peace and tranquillity in the sub-continent.
While concluding meeting the President of the Bar Association, handed over a memo in the form a letter, to each member of the delegation, indicating therein as to what is the genesis of Kashmir problem; what was the position of Kashmir on 26th and 27th of October, 1947, when Indian forces landed in Kashmir; how ‘Instrument of Accession’ was fraudulently got signed from Maharaja on 27th of October, 1947; how many letters were addressed by Pt Nehru, Prime Minister of India to British Prime Minister, Attlee and Liaqat Ali Khan, Prime Minister of Pakistan from 26.10.1947 till 30.12.1947 stating therein that India is committed to hold plebiscite in the State of J&K and it is not a promise only made to the people of Kashmir, but to the whole world, including Pakistan; how the matter was taken to Security Council by India thereafter; how many resolutions were passed by the security council, directing the holding of plebiscite in the State of J&K; how India prolonged the implementation of those resolutions and finally refused to do so; how the Constituent Assembly was brought into existence in the State; how the Constitution of J&K was conceived and passed in 1957 and what was the reaction of Pakistan and Security Council thereon; how direct negotiations were held by India with Pakistan and with what result; how many wars were fought by India with Pakistan on Kashmir; how Tashkent and Shimla Agreements were entered by India with Pakistan and what was promised under those agreements; when was the Lahore Declaration and numerous New York Declarations signed by India and Pakistan; why were the elections, which are in no way a substitute for holding a plebiscite in the State of J&K held; how some of the Kashmir pro-freedom leaders were engaged in talks, which yielded no results; how militant leadership was also brought to the negotiating table and despite a ceasefire, nothing substantial came out of those talks; and how Security Council Resolutions were relevant as on today; and as to how without engaging Pakistan and holding tripartite talks, in the event of non-implementing UN Security Council Resolutions, are necessary for resolving the Kashmir dispute.
