KamranSH
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- May 18, 2019
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Foreign Minister Jalil Abbas Jelani rejected the Indian Supreme Court's ruling on Article 370, which gave Indian Illegally Occupied Jammu and Kashmir (IIOJK) limited autonomy, on Monday. Jelani asserted that New Delhi could not abandon its international responsibilities under the guise of domestic laws.
Speaking to the media, he explained Pakistan's reaction to the Indian Supreme Court's decision to uphold the controversial move to repeal Article 370 made by the Narendra Modi-led government in August 2019.
The interim foreign minister read out Islamabad's official response to the ruling during the press conference, stating that Pakistan vehemently disagrees with the Supreme Court of India's ruling regarding the status of the occupied region.
"Jammu and Kashmir is a widely acknowledged issue that has been on the UN Security Council's agenda for more than 70 years. The ultimate decision regarding Jammu and Kashmir must be made in line with the goals of the Kashmiri people and the pertinent resolutions of the UN Security Council. In opposition to the wishes of Pakistan and the Kashmiri people, India has no right to decide unilaterally what should happen to this disputed territory, he continued.
The FM stated that any procedure that is subordinate to the Indian Constitution has no legal significance and that Pakistan does not recognize the Indian Constitution's supremacy over Jammu and Kashmir.
He went on to say, "India cannot use domestic laws and court decisions as an excuse to shirk its international responsibilities. Its annexation plans of IIOJK are doomed.
"The endorsement of India's illegal and unilateral actions on August 5, 2019, by the judiciary, is a mockery of justice, grounded in misrepresented legal and historical reasoning.
The verdict rendered by the Indian Supreme Court disregards the internationally acknowledged disputed nature of the Jammu and Kashmir dispute. The aspirations of the Kashmiri people, who have already rejected India's illegal and unilateral actions of August 5, 2019, are also not met by it. The ruling represents yet another example of the Indian government's submissive judiciary.
"The right to self-determination for the Kashmiri people cannot be achieved in lieu of the restoration of statehood, holding elections for the State Assembly, or taking other comparable actions.
"The verdict cannot divert the focus of the international community from the flagrant and persistent violations of human rights occurring in IIOJK.
Since August 5, 2019, India has been acting unilaterally and illegally with the intention of altering the political and demographic makeup of the IIOJK. This is blatantly against international law and the pertinent resolutions of the UN Security Council, particularly Resolution 122 (1957). Their ultimate objective is to disempower the Kashmiris in their own country, which is why Pakistan is still extremely concerned about them. It is necessary to reverse these actions in order to foster communication and peace.
"Pakistan will continue to extend its full political, diplomatic, and moral support to the people of IIOJK for the realisation of their inalienable right to self-determination."
Indian SC maintains revocation:
The government of Prime Minister Narendra Modi removed the limited autonomy of the Muslim-majority IIOJK, where an insurgency has raged for decades, and ordered elections within a year. On Monday, India's top court upheld this decision.
The Supreme Court stated in its decision that the 2019 declaration was "a culmination of the process of integration and as such is a valid exercise of power".
As India reinforced its armed forces in the area to quell protests, the move was accompanied by the imposition of direct rule from New Delhi, mass arrests, a complete lockdown, and a communication blackout that lasted for months.
In IIOJK, Modi's tough policy has generated a great deal of controversy, and the insurgency that killed tens of thousands of people over many years has mostly subsided.
The pro-India political parties in Kashmir, the local Bar Association, and individual litigants contested the removal of Article 370 of the constitution, which enshrined the special status of the disputed region. This legal battle culminated in Monday's verdict.
The court called for IIOJK to be restored to statehood with the same status as any other Indian state "at the earliest and as soon as possible," but it upheld the removal of the region's autonomy.
In addition, the court mandated that state elections be held by September 30, 2024.
In anticipation of the verdict, authorities increased security throughout the disputed territory, stationing hundreds of soldiers, police, and paramilitary forces in Srinagar, the region's capital, to put down any protests.