India cannot assail jurisprudence of Kashmir case – Nazir Gilani

Islamabad, December 25 (KMS): Dr. Syed Nazir Gilani, President of Jammu and Kashmir Council for Human Rights (JKCHR), has said that India cannot win against the constituency of dissenting people and the jurisprudence of Kashmir case of a fair and impartial plebiscite under the auspices of the United Nations, agreed by the two governments of India and Pakistan and endorsed by the UN Security Council.

Dr Gilani while addressing the 2-Day International Conference on Kashmir organised by NUML and Sophy’s Forum in Islamabad said that “the merits of a forced Indian presence in Jammu and Kashmir have evaporated in thin air after India has carried out a political vandalism, military aggression and a planned cultural invasion in Kashmir on 5 August and 31 October 2019.”

“According to schedule presented by the United Kingdom, the Plebiscite in Kashmir should have been held before October 1948,” he said and added that the disputed and technical accession with India was only for 80 days from 26 October1947 to 15 January 1948, when India surrendered the accession for a UN supervised vote. The character of earlier 80 days accession has been overridden by a new jurisprudence created by the Indian reference to UN Security Council and surrender for a Free, secure and impartial Plebiscite,” he argued.

Dr Gilani has urged upon the students and others working on defending the rights regime and the right of the people to self-determination to revisit and perfect their understanding of the jurisprudence of Kashmir case. He quoted paras 72 and 73 of the minutes of UN Security Council’s 768th meeting held on 15 February 1957, quoting Colombian representative, that it was a serious mistake by the UN to appoint American national Chester Nimitz as Plebiscite Administrator in Kashmir and ignore to appoint the President of International Red Cross, a Swiss national instead. He said that Chester Nimitz wasted 9 years sitting in New York and allowed India to gradually drag her feet on compliance. He that India and Pakistan shall have to return to Resolutions of 13 August 1948 and 5 January 1949, because these two resolutions have won the express agreement of both India and Pakistan. “If the parties are unable to reach an agreement on the plan submitted to them, provision is made for arbitration, and, to make assurance doubly sure, arbitration is to be carried out by an arbitrator or panel of arbitrators appointed not by a political body but by the President of the International Court of Justice. Arbitration has been supported by China, USA and UK. Britain has said “Since there is disagreement by the parties on this, arbitration, provides the only suitable and perhaps the only possible means of determination.”

JKCHR President has asked the Kashmiris, people of Pakistan, their support constituency to perfect the art of storytelling and giving meaning to the sufferings of the people. If we want to vacate the Indian political vandalism, military aggression and cultural invasion in Kashmir, we have to follow the jurisprudence of Kashmir case, as the only workable weapon, Gilani said.

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