Indian Supreme Court does not have jurisdiction in Jammu Kashmir affairs. JKLF

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By Fast Kashmir on 08/08/2018.

Indian Supreme Court does not have jurisdiction in Jammu Kashmir affairs. JKLF

Kashmir Diaspora will mount a legal challenge on state subject law//Professor Zaffar Khan (Diplomatic Bureau JKLF)


 Srinagar, 8 August:  Kashmiri Diaspora has decided to challenge  jurisdiction of the Indian Supreme Court over article 35A, and affairs related to Jammu Kashmir including tinkering with the State Subject laws in Jammu Kashmir. Leading members of the Kashmiri Diaspora met on 5 August at a round table meeting held in Luton, to deliberate on the implications and consequences for citizens of Jammu Kashmir as Indian government, through the Supreme Court of India intends to abolish State Subject rules by abrogation of article 35A that safe guards and protects rights of people in Jammu Kashmiris since 1927.The round table was convened by Professor Zafar Khan Head of Diplomatic Bureau of Jammu Kashmir Liberation Front. Participants at the roundtable  acknowledged the seriousness of article 35A’s abrogation, and agreed that the consequences of abolishing the State Subject rules have not been registered and fully realized across both sides of the cease-fire line in Jammu Kashmir as well as among the large Kashmiri Diaspora,  spread throughout the world. And further acknowledged that an appropriate legal defense against abrogation of article 35A, has been found to be wanting, and the situation required prompt and effective action from people of Jammu Kashmir.

                The round table meeting decided that Kashmiri Diaspora as a stakeholder must become a party in the case to mount an effective legal defense, by challenging Indian Supreme Court’s jurisdiction over Jammu Kashmir affairs especially since India has surrendered the conditional accession by Jammu Kashmir of 27 October 1947 at the UN Security Council on 15 January 1948 for a UN supervised vote. Therefore there is no accession with India of Jammu Kashmir at this point, as the grave situation pleaded by India in October 1947 has been reversed by the UN brokered ceasefire on 01 January 1949.

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                Furthermore the UN Security Council Resolution of 30 March 1951 has placed Indian Government under caution, and the Supreme Court of India does not have any such jurisdiction in Jammu Kashmir Affairs. Any actions taken after this date in Jammu Kashmir therefore, have no merit under the UN Resolutions. Speakers at the roundtable, who included the renowned human rights expert, and jurist Dr Nazir Gilani, referred to tinkering with the State Subject rules in Jammu Kashmir as life and death matter for the citizens, and flagged up the real dangers to self determination, identity, social, economic and environmental dangers to the Jammu Kashmir and its citizens, as abolition of State Subject rules will open the flood gates for non state residents to subvert the demographic balance, and such fundamental laws as ownership of property and definition of citizenship in Jammu Kashmir. Participants agreed upon challenging Supreme Court of India’s jurisdiction, and asked Dr Nazir Gilani to prepare appropriate documentation for the proceedings. Apart from Dr Nazir Gilani and Prof Zafar Khan others who participated in the roundtable meeting included Prof Imtiaz Chaudhry, advocate Malik Sadiq Subhani, Sardar Sabir Gul, Syed Tahseen Gilani, Syed Hussain Shaheed Sarwar, Raja Mohammed Ajaib Khan, Raja Kaman Afsar Khan and Ejaz Ahmed Malik, while messages of a number of notable leaders, and activists including Prof Nazir Nazish, Prof Nazir Shawl and Prof Raja Mohammed Arif Khan were included during the deliberations. Wider consultation will continue according to Professor Zafar Khan, to ensure for an effective legal challenge, with active political and diplomatic support of the world wide Kashmiri Diaspora.

                Meanwhile Police last night raided the residence of JKLF leader Zahoor Ahmad Butt at Hawal Srinagar and arrested him. He was shifted to police station Nowhata where he is still lodged at. JKLF has strongly condemned his arrest and said that police harassment of political activists and leaders are continuing unabated which is highly regrettable. JKLF also condemned the prolonged incarceration of its central organizer Siraj Ud din Mir and District president Baramullah Abdul Rashid Magloo who from last five months are lodged at Kotbalwal Jail under PSA and police authorities with the active help of civil administration is trying every tactic to prolong their incarceration. JKLF said that harsh and oppressive measures by rulers cannot force us into submission and despite all these undemocratic tactics, freedom struggle will continue till the sacred goal is achieved.