Original Speech at book launch reported in MAY 11, 2016
SRINAGAR:Chief Justice of India Justice T S Thakur Monday said that the Kashmir issue seems
“beyond solution” at the moment but opposed the idea of India seeking arbitration of Kashmir dispute with Pakistan at the international court of Justice (ICJ).
Speaking at the launch of book: Unraveling the Kashmir Knot, in New Delhi, Justice Thakur said the book explores the legal and constitutional backdrop of the Kashmir dispute and also concludes that “India should go to the ICJ against Pakistan and China for reclaiming its territory”.
The book has been written by Supreme Court advocate Aman Hingorani and posits a persuasive legal solution to the imbroglio.
In the Instrument of Accession signed by the then ruler of the state Hari Singh, says Hingorani, there was no provision for a 'plebiscite' or an appeal to the 'wishes of the people' to validate the state's accession to India. Consequently, Hingorani says, India could appeal to the International Court of Justice for a resolution of the issue.
“Had going to ICJ been a viable solution,” Justice Thakur said, “the government would have opted for it long ago,” a Mumbai based newspaper reported.
Skeptical about a purely legal alternative, Justice Thakur said that the Kashmir issue was too complicated to allow such 'readymade' solutions.
The problem, was not also, entirely Pakistan's support for militancy in the state, he admitted. "How many of us can vouchsafe that Kashmir was given the same kind of democratic freedom that was given to other parts of the country? In Kashmir, we've heard that mayors are elected, but there were deputy commissioners who would be the returning officers who would reject all the nomination papers and declare the candidate of a particular party as elected and therefore the government would be formed even before the vote being cast."
Finding a solution, he said, appeared to be very difficult as "Jammu wants Article 370 to be abolished. Ladakh wants to be centrally governed, and Kashmir valley wants independence. And within that valley, the Hindus want a separate conclave for themselves".
The only way out, Justice Thakur felt was to embrace inclusiveness. "When we rejected two nation theory we went for an inclusive society. We need to nurture it. It is only with love that we can hold Kashmir," he said.
Justice Thakur, hails from Doda district of J&K State and was sworn-in as CJI in early 2016.
Speaking, he said, "not as the chief justice, but as an ordinary citizen who still has its roots there", he added: "We have been living together for centuries. In my area, Muslim villages were slightly away but in Srinagar they lived next door, had common walls. They never faced any problems."
Reminiscing about the Kashmir of his youth, he added, "Until 1989, Kashmir was peaceful. The women would go out decked in jewellery, and no one would touch them. There were no weapons. I remember in Jammu, they used to make fun of Kashmiris. These people are cowards – the worst thing they can use as a weapon is a kangri, they would say."
Speaking about Kashmiri Pandits, Justice Thakur said: "The generation of Kashmiri Pandits which had attachment with Kashmir, who lived there, are going. The future generation is happy outside and sees it only as a historical fact – we belong to Kashmir. They are well-off, they are doing extremely well. Which Kashmiri Pandit is going to go back to Kashmiri?" said Chief Justice.
Neutral Source:
https://kashmirobserver.net/2016/local-news/it-only-love-we-can-hold-kashmir-cji-6321
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As you can see the excerpts from the speech has been twisted to suit a campaign https://twitter.com/hashtag/IndiaListenToUrChiefJustice?src=hash
This campaign started round about 6 hours back in twitter. The reason for this campaign is even more brutal
SC to hear plea for Governor's rule in J&K
12:37 HRS IST
New Delhi, Jul 22 (PTI) The Supreme Court today agreed to hear a plea seeking imposition of Governor's rule in Jammu and Kashmir, under a provision of J&K Constitution, due to the prevailing law and order situation in the state.
A bench headed by Chief Justice T S Thakur directed that the petition filed by Jammu and Kashmir National Panthers Party (JKNPP) be listed next week.
The plea was mentioned before the bench by the counsel for JKNPP who said that Jammu and Kashmir has been "under siege of the security forces and the police for the past two weeks resulting in a total chaos, anarchy and disorder in the entire valley of Kashmir".
The counsel said that Governor's rule under section 92 of the Constitution of Jammu and Kashmir should be imposed.
The petition sought a direction to the Governor to dissolve the Assembly of Jammu and Kashmir "which has failed to discharge its duties and functions".
The bench also comprising justices FML Kalifulla and A M Khanwilkar asked the petitioners why they did not approach the Jammu and Kashmir High Court for remedy.
The counsel said that the Jammu and Kashmir High Court "has been locked up" as well and they can't go anywhere else.
"The situation in Jammu and Kashmir has been chaotic and there is no public order in existence as such."
It said "there is literally rule of the gun and the people in the Valley have no access to even water or medical stores.
"The people in Jammu and Kashmir have been forced to stay inside their house and homes without food, medicines or other essential commodities needed for human survival," it alleged
The plea sought direction to the Governor of Jammu and Kashmir to intervene under section 92 of the Constitution of Jammu and Kashmir and take over the administration in the state in the interest of security, safety and fundamental rights of the Indian citizens.
http://www.ptinews.com/news/7680372_SC-to-hear-plea-for-Governor-s-rule-in-Jammu-and-Kashmir-.html
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Thus this whole vitriol filled campaign is against CJ Thakur by so called miscreants
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@waz @WAJsal @Oscar @WebMaster
Kindly close this thread. There is no substance in this thread as its proven beyond doubt that a campaign has been initiated against Indian Chief justice as proven above.
The thread opener should be rated negative also along with a ban for such a posting which is not backed by any facts but rather used again to troll and flame bait in the name of Kashmir