120 Whither Kashmir? (Part II) - Islamabad Policy Research Institute

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74 IPRI Factfile Activists have alleged that the Act has become a tool of state abuse. But the military defends it saying soldiers need special protection to discharge duties in J&K and Northeast. Colin Gonsalves, a Supreme Court lawyer, said, “Security forces have not been accountable to the people of Kashmir. This has led to alienation of the population. It is shocking that sanction to prosecute was not granted even in a single case.” The home ministry has finalised amendments to the Act to restrict powers of security forces to shoot at sight. The ministry is open to removing the overt reference to “causing death” as a permissible consequence of firing by a jawan and setting up a grievance redressal mechanism to deal with complaints abuse. Rahul Sing, Hindustan Times (New Delhi), March 16, 2010. http://www.hindustantimes.com/india-news/newdelhi/133-abuse-cases-in-6-yrsin-J-amp-K-Antony/Article1-519899.aspx SAUDI SUPPORT TO KASHMIR SOLUTION REITERATED Saudi Arabia has reiterated that it would continue to support the solution of the Kashmir dispute under the framework of the United Nations’ resolutions and in accordance with the aspirations of the people of the area. The assurance came from the visiting Deputy Saudi Minister Dr Abdul Aziz bin Abdullah Al-Ammar while talking to The News at the Saudi House, where Saudi Ambassador to Pakistan Abdul Aziz bin Ibrahim Saleh Al-Ghadeer hosted a dinner in the honour of the visiting delegation. The dinner was also attended by eminent scholars and politicians, including Senator Raja Zafarul Haq, who is the chairman of the Pakistan Muslim League-N, and Secretary General Motamar Alam-e-Islami, Senator Professor Khurshid Ahmad, Federal Ministers Maulana Atta-ur- Rehman and Ms Shagufta Jumani, Federal Secretary Aga Sarwar Raza Qizalbash, Chairman Islamic Ideology Council Dr Khalid Masood, Grand Imam and Khateebof the Badshahi Mosque Maulana Abdul Khabir Azad, Pir Naqueeb-ur-Rehman and others. Dr Abdul Aziz bin Abdullah Al-Ammar is the first high-ranking Saudi official who has come on the visit to Pakistan after the last month’s visit of Indian Prime Minister Dr Manmohan Singh to Saudi Arabia.
Whither Kashmir? To a question, he said that Pakistan and India had old rivalry on Kashmir, which has caused unrest among millions of the people across the world. The inter-state disputes must be settled peacefully and the people of Kashmir must be given the right to live in peace and to find opportunities to make progress, he maintained. The Saudi deputy minister will hold a number of meetings with important people before returning home early next week. 75 Muhammad Saleh Zaafir, The News (Islamabad), March 19, 2010. http://www.thenews.com.pk/daily_detail.asp?id=229896 CONCLUSION The preceding study shows that the Kashmir dispute involves a large number of legal issues relating to questions of accession, aggression, selfdetermination and status of UN resolutions. The question arises whether or not the dispute in question can be approached from the juridical angle for conflict resolution. The answer to this question is to be found principally in the attitude of India and Pakistan towards its submission to the adjudicative process. Both have so far shied away from submitting the dispute to the World Court for judicial settlement or for arbitration by an arbitral body. Thus, when hostilities broke out between the two countries in Kashmir in 1947, the British Prime Minister Clement Attlee proposed to the Pakistan Government to refer the dispute to the World Court but the proposal did not find favour with the latter. Pakistan's attitude was again not encouraging when a European Union delegation proposed in the summer of 1997 for the submission of the dispute to the World Court. As far as India is concerned, as shown in the present study, she has never felt comfortable with the idea of the third party involvement including the World Court in her disputes with Pakistan. During the period the Security Council was actively seized of the matter the latter never deemed it appropriate to seek an advisory opinion from the World Court. Had it done so, the handling of the dispute, as observed by Joseph Korbel, would have been easier because "one of the parties would then have been in the wrong, and the Council would in turn have had a stronger moral and political position for the recommendation of appropriate measures". Unlike India, Pakistan has, however, shown flexibility by agreeing to selectively avail herself of the services of the Court. For example, on 21 February 1951, Great Britain and the United States proposed a resolution in the Security Council which, inter alia,
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120 Whither Kashmir? (Part II) - Islamabad Policy Research Institute

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