Pakistani officials denounced the Indian Supreme Court’s unanimous order upholding Prime Minister Narendra Modi’s 2019 decision to withdraw Kashmir’s special status, as a ‘travesty of justice.’
Five judges on the constitutional bench responded to over a dozen petitions contesting the government’s actions by stating that the region’s special status had been a ‘temporary provision’ and that its removal was permissible under the constitution. Since 1947, when British colonial rule ended and India was divided, Kashmir, the only area in the country with a majority of Muslims, has been under Indian administration and has been at the center of over 75 years of antagonism with Pakistan. Both Pakistan and India control portions of Kashmir, yet they each claim the entire region.
The United Nations Security Council passed several resolutions regarding the conflict in 1948 and the 1950s, including one advocating for a referendum to determine the region’s future. Jalil Abbas Jilani, the Foreign Minister of Pakistan, vehemently rejected the ruling declared by the Indian Supreme Court. He emphasized that the area in question is an internationally acknowledged disputed territory, consistently addressed by the Security Council for over seven decades. Jilani contended that India lacks the authority to unilaterally decide the status of this contested region, going against the wishes of the Kashmiri people and Pakistan.
Furthermore, he argued that India cannot evade its global responsibilities under the guise of domestic legislation and judicial decisions. The judicial approval of the Indian authorities ‘unilateral and illegal’ actions in August 2019, which involved revoking Kashmir’s special status, is characterized as a ‘miscarriage of justice rooted in distorted historical and legal arguments,’ according to Jilani. He mentioned that Pakistani authorities plan to convene a meeting involving all stakeholders and political leaders to determine the most effective response to this development. Jilani stated, ‘We intend to communicate with the United Nations secretary-general, the OIC (Organization of Islamic Cooperation) secretary-general, and the European Union Parliament to inform them about the ineffectuality of this decision.’
He added, ‘We are currently engaging with all relevant stakeholders and will explore various options after consulting with them.’ The conflict concerning Kashmir led to two out of three conflicts between India and Pakistan following their independence. The initial war occurred in 1947-48, followed by the second in 1965. The third conflict in 1971 was primarily associated with Bangladesh’s pursuit of independence from Pakistan.”
