Govt to Supreme Court: No dialogue with J&K separatists

New Delhi: The Centre on Monday made it clear in the Supreme Court that talks or dialogue is not possible in Jammu and Kashmir with those who contest the accession of the state with India and assert that all elections held since 1947 had been rigged.

Making this submission before a bench of Chief Justice J.S. Khehar and justice D.Y. Chandrachud, the solicitor general Ranjit Kumar read out the affidavit filed by the petitioner of the Jammu and Kashmir Bar Association and said “they are contesting the accession of Jammu and Kashmir with India and saying all elections since 1947 have been rigged. On what basis are we going to sit together for a dialogue?”

The bench, which is hearing the petition against the use of pellet guns, had in April asked the Centre and the association to explore the possibility of a dialogue.

The CJI had asked the association to prevail upon the restive youth in the state to shun stone pelting and go back to their studies as part of the dialogue process. During the resumed hearing on Monday the solicitor general made it clear that no talks is possible in the current atmosphere. 

Counsel for the association also said that it couldn’t have the dialogue when the government of India was not agreeing for it. 

He said the association was not willing to act as a mediator with the agitating youth. 

The counsel told the court “when the government is not ready for talks how can be start the process.” He suggested continuous and uninterrupted dialogue to resolve the Kashmir issue. The CJI told the counsel “violence is continuing. How can you have a dialogue?” 

The counsel urged the court to examine the new Statement of Purpose for the Army in Kashmir and said, “The court has to look at Article 14 of the Constitution, viz people’s right to protest vis a vis the response of the state.”      

On its part the Centre rejected the plea for a unilateral ceasefire and resumption of talks with separatist leaders like Syed Shah Geelani. It said even the court cannot pass a directive to the government for holding talks with Pakistan or the separatists. 

The association sought a direction from the court that the government of India should be asked to hold “unilateral, uninterrupted, unconditional talks with all stakeholders in the state.”

The association placed in the court photographs purportedly detailing the alleged excess carried out by security personnel including on children as young as five years.

The association said that there was considerable peace in J&K when Atal Behari Vajpayee was the Prime Minister and similar efforts were made by the then PM Manmohan Singh. He said during the regime of Vajpayee and Singh, the government of India had talks with “various stakeholders including Huriyat leaders, Syed Shah Geelani and other leaders.”

But from 2016, there was a change in the present government policy. “They are not going for any talks. They just want to use as much force by security forces and killing people,” it said. Since efforts of mediation had failed the bench posted the matter for final hearing on October 4.