SRINAGAR: The recent affirmation by the Indian Supreme Court on the abrogation of the special constitutional status of Indian Illegally Occupied Jammu and Kashmir (IIOJK) has ignited widespread condemnation from legal experts and global observers, who deem it biased and politically driven.
Legal scholars and critics view the 476-page judgment as an effort to manipulate legal and historical facts to align with the agenda of the Indian government for the disputed region’s future.
Advocate Nasir Qadri, Executive Director of the Legal Forum for Kashmir (LFK), expressed that the Supreme Court’s verdict appeared predictable under a regime with inclinations towards fascism. He highlighted the biased mindset displayed by the Chief Justice and other judges during the hearings, stating that the judgment twisted legal and historical facts to suit their agenda.
Critics, including legal scholars and international entities, question the validity and credibility of the decision concerning an internationally recognized disputed territory.
Altaf Hussain Wani, Chairman of the Kashmir Institute of International Relations (KIIR), said that the politically motivated decision had no standing in front of United Nations Security Council Resolutions, which maintain that no assembly has the power to decide on behalf of the state of Jammu and Kashmir.
Director General at the Institute of Multi-Track Dialogue, Development, and Diplomatic Studies, Professor Dr. Waleed Rasool, called the verdict a miscarriage of justice, asserting that local Indian courts cannot supersede UN resolutions or international law on Kashmir.
UN Resolutions on IIOJK Ignored
Advocate Nasir Qadri raised concerns about India’s actions in the occupied territory, stating that it operates under de facto constitutionalism. He stressed that no order or judgment could suppress the people’s right to self-determination guaranteed by the United Nations.
Mirwaiz Umar Farooq, a senior Hurriyat leader, expressed that the verdict was not unexpected, given the present circumstances. Another APHC senior leader, Yusuf Naqash, maintained that the decision would not deter Kashmiris from pursuing their goal of freedom.
Pro-India politicians in IIOJK also criticized the decision, with Mehbooba Mufti, President of the Peoples’ Democratic Party, stating that India suffered a defeat, and Omar Abdullah, President of the National Conference, acknowledging the BJP’s success in achieving its political objective after 70 years.
