Abrogation of Article 370: Pakistan says SC verdict has 'no legal value'

Islamabad, Dec 11 (PTI) Pakistan on Monday said India's Supreme Court verdict upholding the abrogation of Article 370 has "no legal value", asserting that the international law does not recognise New Delhi's "unilateral and illegal actions" of August 5, 2019.

The Supreme Court on Monday unanimously upheld the Centre government's decision of August 2019 to abrogate Article 370, which bestowed a special status on the erstwhile state of Jammu and Kashmir.

"International law doesn't recognise India's unilateral and illegal actions of 5 August 2019. The judicial endorsement by the Indian Supreme Court has no legal value. Kashmiris have an inalienable right to self-determination in accordance with the relevant UN SC resolutions," caretaker Foreign Minister Jalil Abbas Jilani said.

Addressing a press conference in Islamabad, Jilani said India has "no right to make unilateral decisions on the status of this disputed territory" against the will of the Kashmiri people and Pakistan.

"Pakistan categorically rejects the judgement announced by the Supreme Court of India on the status of" Jammu and Kashmir, he said.

He said that the judicial endorsement of India’s "unilateral and illegal actions" was "a travesty of justice".

He said that Jammu and Kashmir is an internationally-recognised dispute, which remains on the agenda of the UN Security Council for over seven decades. "The final disposition of Jammu and Kashmir is to be made in accordance with the relevant UN Security Council Resolutions and as per aspirations of the Kashmiri people,” he said.

"Pakistan does not acknowledge the supremacy of the Indian Constitution over Jammu and Kashmir. Any process, subservient to the Indian Constitution, carries no legal significance. India cannot abdicate its international obligations on the pretext of domestic legislations and judicial verdicts,” he said.

Relations between India and Pakistan have often been strained over the Kashmir issue and cross-border terrorism emanating from Pakistan. However, their ties nose-dived after India abrogated Article 370 as Pakistan expelled the Indian envoy and downgraded the trade ties.

India has time and again said that Kashmir is an internal matter, and added it desires normal, friendly relations with Pakistan in an environment free of terror, violence and hostility.

Gilani alleged that India’s "unilateral and illegal measures" since 5 August 2019 have been aimed at changing the demographic structure and political landscape of Kashmir.

"They remain a matter of grave concern for Pakistan as their ultimate goal is to convert the Kashmiris into a disempowered community in their own land. These measures must be rescinded to create an environment for peace and dialogue,” he said.

The minister said Pakistan will continue to extend its full political, diplomatic and moral support to the people of Kashmir for the realisation of their inalienable right to self-determination.

"We will soon call a meeting of all stakeholders and determine our future course of action,” he said.

To a question, he said that Pakistan would like to maintain peace on the LoC after this decision.

When asked about the threat of increase in militancy in Kashmir, he said Kashmiris never accepted Indian rule. “Ultimately their reaction would be like that of the people of Gaza,” he said.

He said there was no change on the issue of not holding talks with India. “No dialogue is going on with India and no such thing is hidden from my eyes,” he said.

He said Pakistan’s stance is very strong for any international court but India always takes refuge in the procedures and rejects international jurisdiction of courts.

Earlier, former prime minister and Pakistan Muslim League-Nawaz president Shehbaz Sharif criticised the apex court's verdict, calling it a "biased decision." "The Indian Supreme Court has violated the international laws by giving a decision against the resolutions of the United Nations. The Indian Supreme Court has betrayed the sacrifice of millions of Kashmiris," said Sharif, who served as the prime minister from April 2022 to August 2023.

With this "biased decision", Kashmir's "freedom movement" will become stronger, he said, adding that there will be "no abatement in the Kashmiri struggle." Under the leadership of Nawaz Sharif, PML-N will raise the voice of the right of Kashmiris at all levels, he added.

Pakistan Peoples Party chairman and former foreign minister Bilawal Bhutto Zardari said that once again it has been proved that India does not follow international laws and UN resolutions.

"Indian parliament and courts cannot rewrite international agreements," he said.

PTI