Srinagar/April 5: Kashmir Bar Association Wednesday reiterated that the only solution to the Kashmir problem is the holding of plebiscite in the State of J&K under the auspices of United Nations and for that purpose India and Pakistan should pull back their forces from the State, so that the plebiscite is held in a fair and impartial manner. The Bar Association said that the holding of Assembly or Parliamentary Elections in the State are neither any substitute for plebiscite as has been guaranteed by the UN Security Council Resolutions dated March 30, 1951 and January 24, 1957, nor would constitute a disposition of the State, in accordance with the will of the people to be expressed by them through a democratic method of a free and impartial plebiscite to be ascertained under the auspices of the United Nations as embodied in UN Security Council Resolutions dated 21st of April, 1948, 13th August, 1948 and 05th January, 1949.
The Bar Association also reiterated that though Article 253 of the Indian Constitution empowers the Parliament to legislate to give effect to any International Agreement or covenant, but the said Article applies to the State of J&K with the qualification “that no decision affecting the disposition of the State of J&K be made by the Govt. of India without the consent of the Govt. of State”. The said State Govt. has however to be brought into existence only for the said purpose, which has not been done, by India since 1948.
The Bar Association, while supporting the call of Joint Resistance Leadership to boycott the Parliamentary Elections being held on 9th and 12th of April, 2017 in Srinagar and Anantnag constituencies, requests the people to observe complete shutdown on those dates in Srinagar and Anantnag and not to participate in these elections because any participation of people in any election, is misrepresented by India before the World Community by misleading them in believing that the people having participated in the elections, have endorsed the Indian claim on Kashmir, which is not however, true and/or correct position obtaining on ground.
