Petitioner Seeks 'Manmohan-Musharraf Formula' For Kashmir Conflict, Supreme Court Slaps Rs 50,000 Cost

A petition in the Supreme Court sought the resolution of the Kashmir conflict under the 'Manmohan-Musharraf formula', to which the apex court responded by slapping a cost of Rs 50,000 on the petitioner.

The Supreme Court bench of Justices DY Chandrachud and Hima Kohli said it is not inclined to entertain the plea filed by Prabhakar Venkatesh Deshpande, an IIT-Bombay graduate. It said the cannot enter into the domain of policy and the petition appears to be more of a "Publicity Interest litigation".

Deshpande underlined there cannot be a military solution to the Kashmir conflict and pitched for the so-called formula devised by the former Indian Prime Minister and ex-President of Pakistan General Parvez Musharraf involving "autonomy, joint control, demilitarisation and porous borders", details of which can be further negotiated.  

At the outset, the bench said it is putting the counsel for the petitioner on notice that it will impose cost on him for wasting the court's time with such petitions.

"Of course, we will hear you but we are putting you on notice that we will impose a cost," the bench forewarned.

Advocate Arup Banerjee, appearing for the petitioner, said the country has fought "two and a half wars" with Pakistan over Kashmir in the past 70 years but no solution has been found.

"The petitioner begs to file the instant Public Interest Litigation because he wishes to suggest that the Mussaraf-Manmohan Singh Accord may be given effect to solve the Kashmir issue," he said in his plea.

The bench, after hearing for a few minutes, said it is not inclined to entertain the petition and slapped a cost of Rs 50,000 on the petitioner. 

There was a channel between Musharraf and Singh when both the leaders were at the helm of governments in their respective countries and the proposal from Musharraf was first articulated in 2006. 

The proposal "suggested that there would be no change in boundaries while allowing for free movement of people across the LoC; a phased withdrawal of troops; self-governance or autonomy for the region; and a joint supervision mechanism involving India, Pakistan and Kashmir", according to Arpita Anant of the Manohar Parrikar Institute for Defence Studies and Analysis (IDSA). 

She further noted that while there were some indications that the two countries were close to an agreement, it never materialised. The channel between the two governments snapped the 2008 Mumbai terrorist attacks. 

Anant further wrote, "An attempt to resume these talks was made in 2010 with the visit of the Home Minister P Chidambaram to Pakistan, followed by the meeting between the Foreign Ministers of the two countries in July 2010. However, on 30 June 2010, Pakistan’s Foreign Minister Shah Mahmood Qureshi clearly stated that Musharraf’s four-point formula was 'his thinking' [and] had not been endorsed by the Parliament or Cabinet."

(With PTI inputs)