Dr. Aman Hingorani, Advocate & Mediator, Supreme Court of India, delivered a lecture on “The Rule of Law & Kashmir Issue” for the ALC LLB and BALLB students on 25th Oct 2018.
The speaker addressed the issue of Kashmir as a result of British colonial policy. The lecture highlighted the 1600 charter wherein Britisher through East India company came for the purpose of trade in India and how in 1608 Surat was made the trade point. In 1857 the first war of independence took place wherein as per the speaker India consisted of provinces and 568 princely states. The speaker highlighted the philosophy of British which was not to create a difference but sharpen the existing difference. The speaker even brought forth few excerpts of British Archive wherein the written communication between British official high;lighted breaking of bridge of harmony constructed by Mahatma Gandhi between Hindu and Muslims. The session brought to center stage the important and governing principles of Cabinet Mission Plan. The problem which was faced in three states i.e. Junagadh, Hyderabad and Jammu and Kashmir was also brought forth in discussion by the speaker. The British approach which gave birth to Pakistan Occupied Kashmir was also discussed as the Britishers referred the case of Pakistan Occupied Kashmir to United Nation and UN as per the settled practice of International Law announced the immediate ceasefire and this gave birth to Pakistan occupied Kashmir. The speaker discussed the observation of Re Bebrubari case, Premnath case, Keshavananda Bharti Case to describe the position of Article 370 of Indian Constitution. There were deliberation on the misconception with regard to staying back of Indian Army in Kashmir even after the situation was normal and this was beautifully addressed by the speaker through the help of British Archive.
The speaker concluded the session with a brain storming explanation on how legally Kashmir is ought to be autonomous republic within India, the status which was guaranteed by the Constituent Assembly and reiterated in the case of Sampat Prakash and in Re Delhi Law Act case by Hon’ble Court. The speaker opined that the issue of Kashmir should be referred to the International Court of Justice for impartial adjudication and proper redressal of the prolonged problem as according to speaker the wrath which is being expressed by the general people of Kashmir on our security forces by no stretch of imagination is justified and tolerable. The session in its conclusion also had some question from the students of Asian Law College on the vital issue of Kashmir which was appropriately addressed by the speaker to the satisfaction of the students.