Effects of UN Resolution, August 13, 1948 following demolition of J-K statehood in 2019


New Delhi: Prof.Bhim Singh, Chief Patron of J&K National Panthers Party & Sr. Advocate, Supreme Court of India who represented Jammu and Kashmir Legislature for three terms has expressed grave concern on the effects of August 5, 2019 order of the Govt. of India demolishing the statehood of Jammu and Kashmir by a Presidential Order, Prof.Bhim Singh held a long meeting with the international lawyers to work out effects created on the status of the state of Jammu and Kashmir which was founded in 1846 by Maharaja Gulab Singh.

 Prof.Bhim Singh has also circulated a resolution of the United Nations dated August 13, 1948 which was the most significant resolution passed by the UN on the state of J&K. It clearly states that Pakistan was to vacate its troops from the whole of the state. It also mentions, albeit indirectly, that Pakistan had consistently lied on the question of whether or not its troops were involved in the fighting in Jammu & Kashmir. This was highly significant UN Resolution which gave careful consideration to the points of view expressed by the representatives of India and Pakistan regarding the situation in the State of J&K; and

Being of the opinion that the prompt cessation of hostilities and the correction of conditions the continuance of which is likely to endanger international peace and security are essential to implementation of its endeavours to assist the Govts of India and Pakistan in effecting a final settlement of the situation.

This was a very important resolution which has directed Pakistan to withdraw all its forces of occupation from occupied parts of Jammu and Kashmir. It was this Security Council Resolution which Pakistan had agreed/accepted to withdraw all its forces of occupation. It was Pakistan which has not implemented this order of the Security Council till this date. Again in the Tashkent Agreement Pakistan was ordered to vacate all occupied territories in accordance with the UN Resolution dated August 13, 1948.

NPP Supremo said that India had best of its position before the United Nations vis-à-vis Jammu and Kashmir as long as it was a state which was founded by Dogra Maharaja in 1846 which had its total territorial claim on the entire territory of POK even Gilgit-Baltistan which were till constituent part of Jammu and Kashmir governed by Dogra Maharajas till 1948.

Prof.Bhim Singh and other active members of the Legal Aid Committee have expressed serious concern on the resolution/decision by Modi Govt. in India which has demolished the statehood of Jammu and Kashmir on August 5, 2019. NPP Supremo expressed shock on this decision adopted by the Central Govt. headed by BJP which has demolished the international status of Jammu and Kashmir with UN Resolution dated 13.08.1948.

Prof.Bhim Singh has also called a meeting of international lawyers’ conference on the effects of the Indian citizens residing in Jammu and Kashmir since the demolition of statehood of Jammu and Kashmir. He said that people of J&K according to UN Resolutions including that of August 13, 1948 had given full status and constitutional right over the entire territory of J&K as this right was vested in the State of J&K. NPP Supremo made it clear that this right of statehood over the entire J&K was vested in the residents of J&K only because ‘we’ formed part of the State of J&K. He sought the opinion of international fraternity of lawyers on the constitutional right of the citizens of India in J&K vis-à-vis the entire State of J&K which existed the day Maharaja of J&K acceded to the Union of India on October 26, 1947. What is the effect on that international and constitutional right of the people of J&K vis-à-vis Pakistan occupied Kashmir as well as Gilgit-Baltistan after the status of Jammu and Kashmir has been reduced as Union Territory? Do the residents of J&K (India) have the same international and constitutional right over the entire state of J&K which Pakistan has occupied?  

Prof.Bhim Singh has also circulated a letter to all the Members of Parliament, both Houses, seeking this opinion and taking appropriate action in accordance with the Indian Constitution and the Security Council Resolution of August 13, 1948.

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