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Election no substitute to plebiscite; even after repealing Article 370, UN resolutions hold good: Bar

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Srinagar: Kashmir High Court Bar Association on Wednesday termed the holding of Parliamentary Elections Jammu and Kashmir as a “futile exercise because such polls have not helped in the resolution of the Kashmir dispute in any manner whatsoever.”
“In terms of the UN Security Council Resolutions of 1952 and 1957, holding of elections in the State, are no substitute to the right of self-determination, guaranteed to the people of Kashmir by UNCIP Resolutions of 13.08.1948 and 05.01.1949 and also of those passed thereafter and will not in any manner constitute the final disposition of the State,” the lawyers body said in a statement after its executive body meeting.
“It would be both, in the interest of people of India and Pakistan, to hold plebiscite in the State of J&K, in a fair and impartial manner, so as to give the people a chance to choose about their future in a democratic manner,” the lawyers’ body said.
It said that claims of repealing of Articles 35-A and 370 by the BJP will not also put the Kashmir issue on the backburner. “Even after the repealing of those provisions of the Constitution, the UN Security Council Resolutions still hold the field as also reflected in the Proviso appended to Article 253 of the Constitution of India and both India and Pakistan are therefore bound to implement those resolutions and fulfil the promises and pledges made by their Leaders to the people of Kashmir at the International as well as Domestic level.”
It was also stated that for establishing peace and tranquility in the sub-continent and give the people a right to live a peaceful and honourable life, it is necessary for the leadership of both the countries to shun the path of violence and the confrontational attitude and instead, demilitarize the state to facilitate the holding of plebiscite in J&K.
“It was also decided that the programme given by the Joint Resistance Leadership for 11th of April, 2019 and on other poll dates should be observed by the people in letter and spirit and the Bar Association on its part also supports the said programme.”


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