Supreme Court misleading people by saying J&K sovereignty transfer to India was absolute, The SCI should constitute another bench. By Hem Raj Jain


 Biggest lie and effrontery to the mandate of IoA if any organ of Indian State or any part of Indian Constitution or any Constitutional authority says that J&K is an integral part of India (ii)- As per Instrument of Accession (IoA) the question of the State’s Accession should be settled by a reference to the people.which means plebiscite (ii)-  Supreme Court should constitute another bench (may be after recusing) 

The Supreme Court of India (SCI) In a legally objectionable way has made a Statement that the J&K sovereignty transfer to India was absolute as reported at . 

God only knows what constrained the SCI to make such wrong statement because anybody who  has even elementary knowledge of  english can read the Instrument of Accession of J&K to INdia the relevant portion of which reads as  -[Consistently with their (GoI) policy that, in the case of any State where the issue of Accession has been the subject of dispute, the question of Accession Should be decided in accordance with the wishes of the people of the State, it is my Government’s wish that, as soon as law and order have been restored in Kashmir, and her soil cleared of the invader, the question of the State’s Accession should be settled by a reference to the people. Yours Sincerely Sd/- Mountbatten of Burma]. As mentioned also at 

This clearly means that it will be decided by the people of united J&K (through plebiscite) whether they want to go with INdia or wioth Pakistan or want to remain independent . This plebiscite is the responsibility of India after getting entire J&K (including Pok and Gilgit BAltistan) free from outsiders and whether INdia does it on its own or by taking help of the UN etc is the headache of India and the people of united J&K have nothing to do with it. What is important is that the fate of the united J&K as pert this IoA will be decided by plebiscite and not by the Constitution of India or Pakistan or by any other instrument. 

In plain & simple  words at that time in 1947 as per the  first Governor General of the dominion of India, Lord Mountbatten,  even the then ruler of J&K Maharaja Hari Singh didn’t have power to decide the accession of J&K rather as per Lord Mountbatten this right resided with the  people of J&K through their free choice which is nothing but free and fair plebiscite (hence the need to make J&K free from invaders) which is still the the responsibility of India as per this IoA.  

Therefore this statement of Supreme Court of India is misleading and renders the bench (which is hearing the case) patently disqualified to remain on the bench  (may be by recusing) because it has proved itself to be biased and incompetent and non-impartial to adjudicate this case. 

It is hoped the SCI will constitute another bench to Adjudicate this matter by keeping in view that the IoA of J&K to India mandates that the fate of the united J&K is to be decided by the people by plebiscite after India getting entire united J&K (including PoK and GB under Indian security forces) free from outsiders.

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