Bharatiya Janata Party Jammu & Kashmir totally rejects and condemns the contents of the additional affidavit submitted by J&K Bar Association, Kashmir to the Honourable Supreme Court stated Brig Anil Gupta, State Spokesperson, in a press release issued by the Party. “The stand taken by the Honourable Supreme Court on the issue is highly praiseworthy and a befitting rebuttal to the well planned mischief being played by a section of the Kashmir civil society. The Bench headed by none other than the Honourable Chief Justice of India has expressed shock at the controversial averments made by the bar body in the additional affidavit”, according to Brig Gupta.
Earlier, in a petition in the J&K High Court the bar association has insisted on a “unilateral declaration of cease-fire”, withdrawal of security forces, revocation of AFSPA and stoppage of using pellet guns. The High Court had rejected the bar body’s plea seeking a ban on use of pellet guns on the ground that the Centre had already set up a Committee of Experts through its memorandum of July 26, 2016 for exploring alternatives to pellet guns. The Bar Association had challenged this order in the Supreme Court. Considering the Bar to be a “responsible” and “respectable” body the Court asked it to help in finding a solution and asked it come up with suggestions to resolve the crisis, including stone-pelting and violent street protests in the Valley. The Bar association betrayed the faith imposed in it by the Apex Court by making mischievous and motivated allegations in its additional affidavit like the “accession of J&K to India is mysterious and controversial”, rued Brig Gupta.
It is quite perplexing that a body of legal experts all of a sudden realises that the Instrument of Accession signed by the Maharaja 70 years ago is mysterious and remained silent on this aspect all this while. It clearly indicates the motive behind this. Now that the voices are being raised for amending the Constitution and for removal of discriminatory provisions that have prevented total assimilation of the State with India and the entire matter is subjudice in the Apex Court such statements are being made by those who are supposed be legal experts to mislead and provoke the people in the state, said Brig Gupta.
Accession of J&K is a settled issue with no legal lacuna. Not only the Instrument of Accession was signed by the Maharaja as per the Indian Independence Act 1947 and was identical to the one signed by rulers of other more than 500 states, the accession has subsequently been ratified by the J&K Constituent Assembly in 1954 and included in the constitution of the State. The Constituent Assembly was mandated to recommend abrogation of Article 370 before its dissolution which it failed to do thus doing a great disservice to the people of this state. This act of the Constituent Assembly is mysterious and controversial and not the accession of the State, asserted Brig Gupta.