Jammu & Kashmir not part of India, Srinagar High Court rules

[punit]

Jammu & Kashmir not part of India, Srinagar High Court rules

• Ali Zain
• October 16, 2015 4:11 pm

SRINAGAR (Web Desk) – Rebutting the Indian claim of Occupied Kashmir being part of India, the Jammu and Kashmir High Court has ruled that the State has never been part of India.

“Article 370 of Indian constitution that deals with the status of Jammu and Kashmir is beyond abrogation, repeal or even amendment,” the high court said in its ruling last week.

“Article 35A gives ‘protection’ to existing laws in force in the State. Article 370 though titled as ‘Temporary Provision’ and included in Para XXI titled ‘Temporary, Transitional and Special Provisions’ has assumed place of permanence in the Constitution,” a division bench of justice Hasnain Masoodi and Janak Raj Kotwal ruled in a 60-page judgement.

“It is beyond amendment, repeal or abrogation, in as much as Constituent Assembly of the State before its dissolution did not recommend its Amendment or repeal,” the bench ruled.

The decision has been highly welcomed by the local parties and political figures representing the major population, Muslims.

Peoples Democratic Front (PDF) President and Awami Muthida Mahaz (AMM) leader Hakim Mohammad Yasin welcomed the landmark judgment. They said, “Now the challenge for Jammu and Kashmir government is to further strengthen Article 370.

According to the ruling, the Article 370 is a permanent provision of the Constitution and it cannot be abrogated, repealed or even amended.

“It is a welcome decision. There was a demand within and outside the Assembly that Article 370 should be safeguarded and the High Court’s historic decision is a welcome step. But now it a challenge for the J&K government and especially for Mufti sahib how to further strengthen it (Article 370) and restore those previsions of this Article which have been eroded over the years,” Hakim Yasin said in his press statement on Friday.

“Limited sovereignty or special status stands guaranteed under Article 370 of the Constitution,” he added.

The PDF chief also urged the State government to take tough action against those elements who try to vitiate the peaceful atmosphere in the State.

“Whosoever tries to divide the State in the name of region or religion should be dealt with strong force and government should identify such elements and book them,” he demanded.

“Those who are trying to disrupt the movement of traffic on national highway should be identified and booked. It is the duty of the government to ensure that highway remains open as fruit season is at its peak,” he added.

Since independence from British, India and Pakistan both claim the occupation of the State of Jammu and Kashmir. In 1947-8 India and Pakistan fought their first war over Jammu and Kashmir. Under United Nations’ supervision, they agreed to a ceasefire along a line which left one-third of the state – comprising what Pakistan calls Azad Jammu and Kashmir, and the Northern Areas administered by Pakistan and two-thirds, Jammu, Ladakh and the Kashmir Valley, administered by India.

Jammu & Kashmir not part of India, Srinagar High Court rules - Daily Pakistan Global

same HC also banned Cow Slaughter in J&K!

 

[Umair Nawaz]

Anantang , Vernag , Chingun , Batgun .

So is idol worshiping

 

[Kashmiri Pandit]

So is idol worshiping

Most from my generation are Atheist .

 

[Umair Nawaz]

You are right Abassi sahab after all you are the elite member here

dont take it lightly, if u develop that Abbasi attitude these low lifers wont dare question u.

Most from my generation are Atheist .

hence its Islamabad.

 

[Hyperion]

Inkay to ang ang mein' dard ho raha ho ga!

Lol atoot ang

 

[Kashmiri Pandit]

So is idol worshiping

Most of our older generations are Shiva worshipers . Worshiping him in Lingam form .
Don't get offended but its similar to what u do in Mecca .

 

[Umair Nawaz]

Most of our older generations are Shiva worshipers . Worshiping him in Lingam form .
Don't get offended but its similar to what u do in Mecca .

LOl since yr an atheist its no reason for u not to call It Islamabad.

BTW we dont worship Makkah nor Kabba or Hajr e Aswad.

 

[Kashmiri Pandit]

LOl since yr an atheist its no reason for u not to call It Islamabad.

BTW we dont worship Makkah nor Kabba or Hajr e Aswad.

I said most of my generation . I am religious and believe in one GOD . He has no shape , size , form etc . He is timeless and formless .

 

[Dubious]

Article 370 is given by Indian constitution and at anytime it can be scrapped !

Do read it is healthy:

According to the ruling, the Article 370 is a permanent provision of the Constitution and it cannot be abrogated, repealed or even amended.

On topic...This is funny so there is such thing as IOK (indian occupied Kashmir) even under INDIAN CONSTITUTION!!! All they need to do is replace occupied with a forcefully occupied....

 

[Areesh]

Inkay to ang ang mein' dard ho raha ho ga!

In kai apnai atoot ang main dard ho raha hai. Aur us dard ki dawa sirf hakeem kai paas hoti hai

 

[Umair Nawaz]

I said most of my generation . I am religious and believe in one GOD . He has no shape , size , form etc . He is timeless and formless .

that doesnt change anything, U still worship that character, Shiva.

Still u dont have a reason not to call yr city islamabad.

 

[Kashmiri Pandit]

that doesnt change anything, U still worship that character, Shiva.

Still u dont have a reason not to call yr city islamabad.

Whats in the name , If u are happy with Islamabad so be it .
Who cares whether the name is Shiva , Allah ,Yahweh , Onkar or whatever . Their is only one who is behind this all Maya ( Illusion ) . He has no name yet we call him by various names . Higher the knowledge , closer we are to him .

 

[SarthakGanguly]

Stupid OP i guess.
Don't worry, we'll not occupy you.

Now read this again. Jammu & Kashmir not part of India, Srinagar High Court rules | Page 3

 

[I S I]

Now read this again. Jammu & Kashmir not part of India, Srinagar High Court rules | Page 3

Reading is not my cup of tea.

What you said again?