By: Quayyum Raja
Book Title: “The Kashmir Dispute A Legal Way Forward.”
Author
Chaudhry Muhammad Mefooz Advocate
Publisher:
Azad Kashmir Adbi Society
Language: English
Edition: First 2021
The Kashmir Dispute, a Legal Way Forward is the conclusion of 8 years long research of Chaudhry Muhammad Mefooz Advocate. Mr. Mefooz is a former President of Mir Pur Bar Association and currently Chairman of International Lawyers Forum for Justice & Peace. Peace with Justice is indeed the only a fair solution to any dispute, because an imposed decision without justice always remains a threat to peace.
As a lawyer, Mr. Mefooz investigated the legal aspects of the issue of Jammu Kashmir. He has concluded that Section 7-1b of the Indian Independence Act of 1947 is the legal basis of a solution to Jammu Kashmir Dispute. He asserted that according to the Indian Independence Act mentioned above, the right of rule had been transferred to the people of the state. The issue of the states of the sub-continent was different from the partition plan of Indian. It was British India that had been partitioned, not the British Indian states, which were internally independent and ruled by the local princes. Mahraja of Jammu Kashmir was one such ruler who had no right to sign accession to India, particularly as he himself was on the run due to revolt against him exploited by Britain, which conspired a tribal attack from Pakistan’s tribal areas paving the way for India to attack Jammu Kashmir. Mr. Mefooz further suggests that the International Court of Justice can be approached by Azad Kashmir Government by re-establishing itself on the basis of Declaration of 4 October 1947 in order to get Indian Independence Act implemented. He also claims that Article 35 (2) gives the right to a non- member state to complain to the UNSC or UNGA.
Mr. Mefooz has also thoroughly discussed the CPEC which he thinks is unsafe until and unless Jammu Kashmir is granted independence. Otherwise, unresolved issue of Jammu Kashmir will remain a threat to any business of the CPEC. The book covers various other related issues such as State Subject Law which protects the unity of the state of Jammu Kashmir, while there are painful details of human rights abuses and political duress in all parts of the forcibly divided state of Jammu Kashmir.
Anyone wishing to obtain a copy should contact at: 0092 300 5045423
The book has been written quite succinctly and each issue has been explained clearly. Everyone willing to understand the JK dispute should read it.
