SC verdict upholding abrogation of Art 370 has ‘no legal value’: Pak

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SC verdict upholding abrogation of Art 370 has ‘no legal value’: Pak

Tuesday, 12 December 2023 | PTI | islamabad

Pakistan on Monday said India’s Supreme Court verdict upholding the abrogation of Article 370 has “no legal value”, asserting that the international law does not recognise New Delhi’s “unilateral and illegal actions” of August 5, 2019. The Supreme Court on Monday unanimously upheld the Centre government’s decision of August 2019 to abrogate Article 370, which bestowed a special status on the erstwhile state of Jammu and Kashmir.

“International law doesn’t recognise India’s unilateral and illegal actions of 5 August 2019. The judicial endorsement by the Indian Supreme Court has no legal value. Kashmiris have an inalienable right to self-determination in accordance with the relevant UN SC resolutions,” caretaker Foreign Minister Jalil Abbas Jilani said. Addressing a press conference in Islamabad, Jilani said India has “no right to make unilateral decisions on the status of this disputed territory” against the will of the Kashmiri people and Pakistan.

“Pakistan categorically rejects the judgement announced by the Supreme Court of India on the status of” Jammu and Kashmir, he said. He said that the judicial endorsement of India’s “unilateral and illegal actions” was “a travesty of justice”.

He said that Jammu and Kashmir is an internationally-recognised dispute, which remains on the agenda of the UN Security Council for over seven decades. “The final disposition of Jammu and Kashmir is to be made in accordance with the relevant UN Security Council Resolutions and as per aspirations of the Kashmiri people,” he said. “Pakistan does not acknowledge the supremacy of the Indian Constitution over Jammu and Kashmir. Any process, subservient to the Indian Constitution, carries no legal significance. India cannot abdicate its international obligations on the pretext of domestic legislations and judicial verdicts,” he said.

Relations between India and Pakistan have often been strained over the Kashmir issue and cross-border terrorism emanating from Pakistan. However, their ties nose-dived after India abrogated Article 370 as Pakistan expelled the Indian envoy and downgraded the trade ties. India has time and again said that Kashmir is an internal matter, and added it desires normal, friendly relations with Pakistan in an environment free of terror, violence and hostility.

Gilani alleged that India’s “unilateral and illegal measures” since 5 August 2019 have been aimed at changing the demographic structure and political landscape of Kashmir.

“They remain a matter of grave concern for Pakistan as their ultimate goal is to convert the Kashmiris into a disempowered community in their own land. These measures must be rescinded to create an environment for peace and dialogue,” he said. The minister said Pakistan will continue to extend its full political, diplomatic and moral support to the people of Kashmir for the realisation of their inalienable right to self-determination.

“We will soon call a meeting of all stakeholders and determine our future course of action,” he said. To a question, he said that Pakistan would like to maintain peace on the LoC after this decision.

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