Kashmir not part of India, rules Indian Held Kashmir High Court

16 Oct, 2015 5:41 pm

SRINAGAR – The Indian Held Kashmir High Court has ruled that Jammu and Kashmir is not part of India, reported 92 News.

In its historic verdict last week, a two-member bench of the Indian High Court said that a separate status of Kashmir cannot be changed by abrogating Article 370 of the Indian Constitution.

“The Indian government cannot merge Kashmir with India,” the court ruled.

Under the Indian Constitution, Article 370 grants special status to the disputed state of Jammu and Kashmir.

“It (Article 370) 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 court said.

The court added that Article 35A gives “protection” to existing laws in force in the state.


“No other provision of the Constitution as provided under Article 370 (1), would be applicable to the State except, by Presidential order in consultation with the State in case the provision is akin to subjects delineated in Instrument of Accession and with concurrence of the State, in case it does not fall within ambit of Instrument of Accession,” the court said.

Meanwhile, Hurriyat leader Shabbir Ahmed Shah said that Kashmir was an autonomous state before the Partition. “Indian is ruling Kashmir through the bomb and power,” he maintained.

Hurriyat leader Syed Ali Geelani said that Jammu and Kashmir is a disputed issue. “Kashmiris have rendered matchless sacrifices. India should take the issue seriously,” he said.

Mishaal Malik said that the verdict was in the right direction.




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