Islamabad, May 17, 2018 (PPI-OT): Jammu and Kashmir Council for Human Rights (JKCHR) chairman and a renowned Kashmiri jurist Dr. Syed Nazir Gilani has said that Indian Army does not have any mandate to be in Kashmir and the people of Jammu and Kashmir and their sympathizers have a right to fight to undo the Indian occupation.
Dr Nazir Gilani currently visiting Pakistan, while reacting to Indian Army chief General Bipin Rawat’s statement that “Azadi will not happen, one can’t fight Army” has said that the statement did not carry any merit. He said that no army on earth had ever won a war against an unwilling people and Indian army was no exception.
Dr Nazir Gilani pointed out that British army could not hold down the people of Indian sub-continent, Russian army could not hold down the Afghan people and Serb army could not hold down the people of Croatia and Bosnia. As such, he added, the fate of Indian army in the end would be no different in its war against the people of Kashmir and the erring soldiers would land in Hague for their war crimes.
The JKCHR chairman underscored five interest groups that Indian army had to fight. The groups, he maintained, were pointed out by Britain in the Security Council on February 5, 1948. Dr Nazir Gialni said that the groups included the Kashmiris living at Srinagar, Muzaffarabad, Gilgit, five generations of Kashmiri refugees living in Pakistan and a huge Kashmiri diaspora spread all over the world. Dr Gilani emphasized that Gen Bipin Rawat’s army had no capacity to fight these elements and he had flagged himself as a future subject of war crimes.
Giving details about the legal aspects regarding the Kashmir dispute Dr Nazir Gilnani said that General Rawat’s army after the surrender of accession by India at the UN Security Council on 15 January 1948, for a UN supervised vote, had lost all legitimacy to stay in a part of the disputed State of Jammu and Kashmir. Under the first terms of admission into Jammu and Kashmir, Indian army had been designated as a supplement and a sub-ordinate army. The authorities of Indian occupied Kashmir reserve the right to terminate their presence in Kashmir, Dr Gilani added. The five interest groups identified by Britain at the UN Security Council have a right to re-group and fight against the Indian occupation.
Dr Nazir Gilani emphasized, “Indian army does not have any mandate to be in Kashmir because one of the guarantees provided by Sheikh Abdullah in their favour, that the UN Commission would be there to watch them, is missing. In addition the presence of the Indian army in Kashmir remains in violation of the three UN restraints placed on their number, behaviour and location.”
The JKCHR Chairman asked the Srinagar Government to reinstate the visa requirement for Indian citizens, which was unlawfully rescinded by the Prime Minister of a part of Kashmir on 31 March 1959, terminate the permission granted for the temporary admission of the Indian army and assume as a provisional, responsible and representative government designated in UN Resolutions.
Dr. Nazir Gilani asked the Government of Pakistan to report the erring behaviour of the Indian army chief to the United Nations and ensure that the self-defence of the people is not further compromised, by continuing the freeze of the five interest groups under UN Resolutions into a non-action. People of Jammu and Kashmir and their sympathisers have a right to fight to undo the Indian occupation.
Dr. Nazir Gilani asked the civil society of India to take cognisance of the statement of Indian Army chief and warn him that like General Harry Dyer, he would be consigned to the dust bin of history. If Jallianwala Bagh massacre could not dampen the resolve of Indian people, how would Indian Army fight the people in Kashmir?
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