Srinagar, August 02 (KMS): In occupied Kashmir, the High Court Bar Association (HCBA) has made it clear that any amendment carried out by the Indian Parliament to its constitution does not apply to Jammu and Kashmir.

The HCBA in its intervention application submitted in the Indian Supreme Court said, all the Constitutional Application Orders, kind of exceptions and modifications they contain clearly establish that Jammu and Kashmir is not and cannot be treated or equated with any other State of India. “The position of Kashmir continues to be indefinite, uncertain and unsettled,” the Bar Association pleaded in its intervention before the apex court scheduled to hear on 6th August a petition seeking repeal of Article 35-A of the Indian Constitution that grants special rights and privileges of the permanent residents of Jammu and Kashmir.

The Kashmir High Court Bar Association has filed an application in the Indian Supreme Court seeking directions for participating as interveners in the proceedings of the case about Article 35-A to assist the court in arriving at a just conclusion.

Citing historical facts, the Bar Association said that Kashmir was declared as an independent sovereign territory under the Treaty of Lahore dated 09.03.1846 followed by Treaty of Amritsar dated 16.03.1846. “It was never a part of British India, nor (did) it ever acceded to British India.”

The Bar Association further submitted that the United Nations was approached by Government of India and the Security Council passed several resolutions. “Between 1947 and 1950 India was making its Constitution after having become an independent country. In view of uncertain, peculiar position of Jammu and Kashmir, ground position and the United Nations resolutions, special provision was incorporated in the Constitution of India.”

The Bar Association said that occupied made its own separate Constitution. It said that for India’s relationship with Jammu and Kashmir, special position was carved out for the territory in the Indian Constitution and in the Application of Constitutional provisions.

Leave a Reply

Kashmir Media Service | Login