These are the legal options Pakistan can use against India now.
- Legal experts said that Pakistan has many legal options in response to the recent decision of India to revoke Article 370.
- Senior advocates of the Supreme Court said that Pakistan can approach international forums to challenge India’s action on Kashmir.
- Indian Supreme Court is the possible way for petitions against the government’s revoking of Article 370.
Pakistan has so many legal options in response to the recent unprecedented decision of India to revoke Article 370 of its constitution.
India has revoked the special status of Indian Held Kashmir (IHK)and Pakistan rejected the decision, declaring it as a violation of the United Nations Security Council (UNSC) resolutions as Kashmir is an internationally-recognized dispute.
Legal experts believe that in order to handle the recent situation arising out of the Indian government’s move, Pakistan can adopt several legal options.
The senior advocate of the Supreme Court, Ahmer Bilal Sufi, said:“Pakistan can approach the UNSC that exercises jurisdiction under chapters 6 and 7 of the UN Charter over disputes and situation likely to endanger international security and peace.”
“What India has been doing can endanger the peace of South Asia and that’s why, the Security Council ought to take notice of these developments,” he added.
Being an expert on international law, Senior Advocate said that the UN secretary-general needs to be apprised of these developments as he has the mandate to update measures that India and Pakistan have taken.
“These are major legal forums and Pakistan can attempt after appropriate homework to consider approaching the UN General Assembly as well,”Ahmer Bilal said.
Ahmer said that some research needs to be undertaken to explore if the International Court of Justice (ICJ) could be approached or not. He also said that Pakistan can insist on the special session of the SCO and OIC as well.
He said that Pakistan needs to approach relevant capitals of the world as Indian violation of international law and that of bilateral treaties and that of its own constitution is patent and self-evident.
Suggestions from another Expert:
Another International Law Expert, Shah Khawar, said that the International Court of Justice is the principal court of the UN. It settles international legal disputes and renders advisory opinions as referred by the UN.
“Pakistan cannot invoke jurisdiction of ICJ to separately settle the present situation created by India, which is beyond the jurisdiction of ICJ,”he maintained.
He further said that Pakistan can approach the United Nations Security Council for its intervention to compel India to refrain from its evil designs which may endanger war between both countries.
He said that the government of Pakistan must take up this matter before OIC to mount pressure on India to not endanger the regional peace and observers human rights.
“Pakistani Government must send special envoys to friendly countries and especially to the permanent members of UN Security Council for lobby against India,”Shah Khawar said.
The lawyers from Indian Supreme Court said they expect several petitions challenging India’s changes to Article 370. A group of lawyers in New Delhi is already working on a possible petition, an attorney said.
Indian Supreme Court is the likely venue for petitions against the government’s revoking of the state’s special rights.
Furthermore, there could be legal objections to related Indian government legislation concerning the division of IHK into two entities.
Earlier, Prime Minister Imran Khan said that Pakistan will raise its voice on all international forums; the United Nations Security Council and International Criminal Court, to challenge India’s recent actions against Kashmir.
PM said that the Indian Government has violated its own constitution to promote its ideology and scrapped occupied Kashmir’s special status.
Pakistan hasn’t only taken up the Kashmir issue with the United States but also has started using its diplomatic contacts with China, Russia and other powers of the world.