As long as POK is there, UN resolution is not applicable

via Devinder Thakur published on August 6, 2010

For the benefit of all those who have an interest in this subject, I would like to clarify the position as it existed after the UN Resolution of August 13, 1948. Pakistan having failed to vacate the so called “Azad Kashmir”, the United nations resolution lost effect and India was not obliged to do anything. although the issue remained in the international arena and the big wigs of the Security Council like US egged on by Britain somehow wanted to legitimise Pakistan’s hold on the so called Azad Kashmir and also started to question India’s Constitutional position vis-e-vis the state of J & K.
The above position continued until Pakistan’s defeat in the Bangladesh war  and the signing of the Shimla Agreement in 1971 It was agreed by Pakistan that the issue of the state of J & K would be solved bi-laterally.and as a result, the dispute  was withdrawn from the aegis of the Security Council.  Pakistan knew that it had lost its claim on J & K as his friends would no longer be able to put international pressure on India to give ground on Kashmir.and what it could not win in a war, it could not achieve on a conference table. That position exists until this day.
The only difference is that Pakistan is now putting pressure on India to either negotiate at its own terms or suffer Pakistan sponsored terrorism, initially in the state of J & K and subsequently the rest of India.
 The legal position is that the whole of the state of J & K is a legal and Constitutional part of India and it has a claim on the whole of the state as it existed during the regime of the Maharaja. Any mutually agreed  settlement whenever it comes would most probably be on basis of the status quo.

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