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HINDU JAGRAN
FORUM-USA
3145 GILBERT AVENE,
ROSEBURG, OR 97471 (USA)
OMAR’S THREAT JUSTIFIES J&K
RE-ORGANIZATION (Part I)
HOMELANDS
FOR DOGRAS, PANDITS-SIKHS, BUDDHISTS & SUNNIS - THE ANSWER.
DR. Jagan Kaul, Dr. Krishan Bhatnagar
October 17, 2010
The statement made by Mr. Omar Abdullah, the
Chief Minister of India's J&K State, recently in the Legislature that “J&K
has only acceded not merged with the Union of India and it should not be treated
like any other Indian state" is meant to convey the
impression that the state was not a part of India. This fabricated
assertion by the Chief Minister
contradicts the facts and is misleading as it is a piece of fiction. To distort
the modern history of Indo-Kashmir relations built over the years by
legislative, constitutional and political actions of both the state and central
governments
in such a blatant fashion represents the
classic example of the chameleonic attitude of the National Conference
leadership. Upon close diagnosis it will become abundantly clear that the ruling
class of Kashmir suffers with disorders and diseases called “political amnesia”,
“duplicity” and “opportunism”. Mr. Omar Abdullah must realize that Kashmir
Valley being under 16% of area of the Indian J&K State, and only 7% of the
original J&K State (more than 35% of which is now occupied by Pakistan and China)
, he does not represent and cannot speak on
behalf of the whole state questioning de facto merger with India.
The
accession of J&K to India was neither a favor, nor formality or a casual act of
state craft. In fact the accession was unconditional and the acceptance of this
instrument by Governor General Mountbatten, as he had done in the case of
hundreds of princely states at the time of the termination of British India, was
full, complete and final. His act of accepting the instrument made J&K, like
other states, a legal and constitutional part of India.
Accordingly, the young Abdullah’s attempt to create an impression that J&K is
not an integral part of India, like scores of other Indian states, is without
any historical, political, legal or constitutional merit. Recognizing the
finality of the accession formalized between Maharaja Hari Singh and the
Governor General of India, Omar’s own grand father,
Sheikh Abdullah, as Chief Minister
of J&K told the world in his speech before the UN Security Council on Feb. 5,
1948 that “aggression committed by Pakistan and not accession” was the issue.
Omar‘s attempts questioning accession to India on top of incessant Sunni
intolerance of other religious sects and contempt for democracy, secularism,
fair play, rule of law, respect for human rights, equality and liberty for all,
makes the proposal by non-Sunni citizens (Dogras, Pandits, Sikhs, Budhists,
Shiias, Gujjars and Bakarwals) , who collectively form J&K’s majority, for
reorganization of the state a viable plan for resolving the internal crisis of
the State. The cycle
of misery, death, destruction, violence, deprivation, and discrimination for
non-Sunnis must be terminated. More than six decades of criminal abuse of power
by the Valley Sunnis has left no other alternative for non-Sunnis except to seek
liberation from their oppressors.
1) What needs to
be understood is that the special status of J&K became possible under the
constitutional provisions and framework of the Indian constitution and not
because of the conditionalities present in the instrument of accession. It
is a shame that despite his political schooling in the National Conference, All
India National Congress and BJP, the J&K Chief Minister has failed to understand
this elementary distinction. Had Omar Abdullah taken the trouble of reading the
Constitution of J&K State formulated and adopted by the State Constituent
Assembly overwhelmingly dominated by the NC under the leadership of his
grandfather he would have realized that its section 3 without any ambiguity
states that “The State of Jammu and Kashmir is and shall always be an
integral part of the Union of India”. Therefore, Omar’s attempt to raise
questions about the quality and quantity of Indo-Kashmir relationship is
illogical and proof of the legal and political immaturity dominating the ruling
class of Kashmir. It could also be interpreted as a deliberate effort in “mischief
making” thereby adding fuel to the fires already burning in the state
As
we remember, Omar has been a Member of the Indian Parliament and a Minister in
India’s Ministry of Foreign Affairs. If there was any truth and validity in the
questions he seems to be consumed by these days why did he not ever raise them
when he was holding such high level federal positions? During those days of
prestige, authority, influence and fun by no means was he a lesser Kashmiri.
2) Obviously
by distorting history Omar Abdullah has unsuccessfully tried to introduce an
element of uncertainty in the status of J&K as an Indian state. Fabrication of
history has been a favorite past time of many Kashmiri Muslims (KM) leaders.
Towards this goal Omar has so passionately, while trying to outdo the Jihadist,
militants, Islamists and separatists, argued for the freedom, liberty and
welfare of Sunni Kashmiris. Yet he has not even by mistake talked about
the state of repression and suppression continuing for more than six decades in
Pakistan occupied Kashmir (PoK). As a result of unprovoked aggression, there are
78,114 square km’s of Kashmir territory and its people under the illegal
occupation of Pakistan. In the truce agreement in 1949 Pakistan had given an
undertaking to the United Nations that she will withdraw her forces including
the so called tribes men from Kashmir and return its full control to the J&K
administration. Such withdrawal was a precondition of the much talked about
plebiscite. Yet Omar has never demanded Pakistan’s withdrawal from PoK.
3) The
Islamists of Kashmir and their leaders have been agitating, scheming and
manipulating for decades to substantially weaken India’s role in J&K and if
possible get her out of Kashmir altogether. Being absorbed in this hate,
separatist and communalist campaign under external influences they have never
shown any concern about reclaiming the State territories occupied by Pakistan
and her ally the Peoples Republic of China (CPR); (China had early on occupied
some 38,000 Sq. Km of Ladakh and now Pakistan has gifted to her additional 5,000
Sq. Km.) This speaks volumes about Kashmiri leaders sincerity, political
integrity and patriotic fervor for defending the interests of J&K State and her
people.
Over the years
the Islamic Republic of Pakistan
has not only refused to end the
aggression in Kashmir but has with clear expansionist and colonial intentions
changed the demographic complexion of the occupied territories. Dogras, Sikhs,
Pandits, Buddhists and Christians who constituted 15-20% of its population were
driven out, forcibly converted or annihilated. Consequently there is hardly any
member of these communities left in PoK. Large numbers of Pakistanis were
relocated and settled in the occupied territories to complete the favorable
demographic transformation. The import of Pakistanis was considered necessary as
the Kashmiri
Muslims
alone could not be trusted in case of a
referendum. To neutralize their position further and render them ineffective the
remaining Kashmiris in Pakistan were relegated to 2nd and 3rd
class subjects. They were not afforded even a quarter of the rights and powers
that the people in India’s J&K enjoy. But Mr. Omar Abdullah has not raised a
single question about their fate and future.
Islamabad has merged the Northern Territories
of PoK with Pakistan and brought them under the direct control of its central
govt. Their identity as a part of J&K State has been effectively demolished and
Pakistanis by the tens of thousands have been brought in for building new
settlements in order to assemble a more loyal demography. Has Omar Abdullah ever
raised a single question about this loot and colonization by Pakistan on the
territories of the J&K State? After all it was the question of Pakistan robbing
J&K of its territory and benefiting out of its aggression and illegal
occupation. However for the Sunnis of the Valley, who are kept misinformed,
indoctrinated and ignorant of facts, the Islamic Republic could do no wrong.
4)
Besides enjoying western imperial support Islamabad gifted away to the Peoples
Republic of China (PRC) large territories of occupied Kashmir for re-development
of the old Silk Road linking Tibet and Sinkiang with Pakistan. Against
this immoral, illegal and unconstitutional transfer of J&K territory, Beijing
committed herself to supporting Pakistan’s claim upon Kashmir. This gift by
Pakistan to China obviously was no big deal for Chief Minister Omar and that is
why neither his comrades nor he ever touched the subject or criticized Pakistan
or for that matter China. While Kashmir was being bartered away to a third
country piece by piece the state’s Chief Minister was not bothered by it and did
not say a word about it – not even for the record. What kind of patriotism was
that?
5) Recently a
new territorial deal has unfolded in Pakistani Himalayas where Islamabad has
handed over de facto control of the strategic
Gilgit-Baltistan region to China. The majority of the population in this
region is Shiia who had launched a rebellion against the abuses of power by
Sunni rulers of Pakistan. Accordingly to get rid of this politico-religious
problem Pakistan transferred full control of the region to China. The Chinese in
turn moved in some 11,000 soldiers of the Peoples Liberation Army (PLA) for
quelling the freedom movement of Shiias and for expanding the work on the
strategic Old Silk Road so important for China’s expansion. Did any of the
Kashmiri leaders including the Chief Minister ever express their outrage,
opposition and condemnation about it? In this broad day light land grab
against Kashmir, it was Pakistan and China that were involved. Therefore
no hue and cry was made by the otherwise loud mouthed Kashmiri leaders and the
J&K territory was quietly allowed to be sacrificed. Doesn’t it explain the
amount of concern Kashmiri leaders have for the territory and people of Kashmir?
It also raises the question if this transfer had the blessings of the Kashmiri
leader.
6) Some
glaring failures of the Kashmiri leadership include:
A)
It never defended, agitated for or demanded full territorial integration of the
State and end of occupation by China and Pakistan;
B) It completely
ignored the issue of removing the Pakistani aggression and occupation from PoK;
C) Its ability to
raise hell disappeared when it came to saving the PoK people from Pakistani
oppression and suppression;
D) It did not even
denounce or protest against merging the Northern Territories of J&K with
Pakistan;
E) It played dead when
Pakistan gifted away J&K lands to China and the PRC began constructing the Old
Silk Road on it;
F) It did not condemn
Islamabad’s decision to surrender Gilgit and Baltistan to China and for robbing
people of religious and political equality;
G) It hid when the
Peoples Liberation Army of China
detailed more then 11,000 soldiers for
silencing the Shiia liberation movement in these areas;
H) While enjoying the
rewards of Indian democracy it miserably failed in its constructive role as
citizens of India. Yet it claims to be the defenders of Kashmiri interests;
I) It criminally
collaborated with subversives, Pak-agents and Islamists for wiping out non-Sunni
minorities from Kashmir region exactly as Islamabad did in PoK and Pakistan;
7)
A mind boggling question for
the serious minded Kashmiris is what the National Conference bosses and their
separatist partners seek for the realization of which they opened the flood
gates of hate, disaffection, doubt and opposition against India. Do they want a
sheikhdom, Self Rule, Nizam-e-Mustafa, Greater Autonomy or like PoK – Azadi.
Have they ever told Kashmiri Muslims how Azad in Pakistan their PoK brethren
are? The following quote from Dr. Shabir Chaudhry’s speech in a seminar at
London on April 26, 2010, gives a brief account of their freedom:
Of course Azad Kashmir is
not Azad or independent. It is a ‘colony’ of Pakistan, in which they have
established a political set up that is more interested in promoting and
protecting national interests of Pakistan than the interests of the people of
Jammu and Kashmir.
Those people who become
Prime Ministers or Presidents in this set up are not even allowed to travel to
other constituent parts of the State of Jammu and Kashmir , for example, no
Prime Minister or President of Azad Kashmir is allowed to visit Gilgit Baltistan
which is part of the State and which is on the Pakistani side of the LOC. They
don’t need a visa or a passport to go there, but they do need NOC (No Objection
Certificate) from Pakistani authorities.
The main complaint the
people of Gilgit Baltistan have from the leadership of Azad Kashmir is that they
left them at the mercy of the Pakistani agencies and bureaucrats who ruled the
territory of Gilgit Baltistan with an iron fist; and denied people of their
fundamental human rights. Because of lack of communication and people to people
contact, the distance between people of Gilgit Baltistan and rest of Jammu and
Kashmir, especially Azad Kashmir widened and sense of belonging weakened.
8) In independent
countries Prime Ministers and Presidents have powers to rule their countries;
and they are only accountable to people who elect them; but in Azad Kashmir the
rulers have many bosses; and they are not accountable to the people of Azad
Kashmir but to the Pakistani bosses. (See attachment A in Part II)
Addressing the
Seminar, Sardar Shaukat Kashmiri, and Chairman of UKPNP gave an overview of the
topic under discussion and explained the challenges faced by Jammu and Kashmir,
and also people of South Asia. He said policies which promote extremism and
terrorism must be opposed by those who believe in democracy and liberal and
secular society.
9) Is this the kind of freedom or Azadi the radical Islamist Sunni
leaders are seeking for Kashmiris?
Clearly the Kashmiri Sunni leadership is misusing, abusing and exploiting the
liberalism of India born out of Hindu culture, philosophy and civilization. And
the major political parties of India, Congress and BJP, included are playing a
highly dangerous and disintegrative role in this drama. As stated
earlier, more than six decades of criminal abuse of power by the Valley
Sunnis has left no other alternative for non-Muslims, except to seek
reorganization of the state for liberation from their oppressors.
Part
II
HINDU JAGRAN
FORUM-USA
3145 GILBERT AVENE,
ROSEBURG, OR 97471 (USA)
OMAR’S THREAT JUSTIFIES J&K
RE-ORGANIZATION (Part II)
HOMELANDS
FOR DOGRAS, PANDITS-SIKHS, BUDDHISTS & SUNNIS - THE ANSWER.
Dr. Jagan Kaul, Dr. Krishan
Bhatnagar October 18, 2010
If Omar Abdullah had made such
an anti-national legislative speech in the Pak-occupied Kashmir, questioning
accession, under the provisions of the Pakistani constitution he would have
landed in Jail and would have been awaiting hanging. If he does not know how
Pakistan treats those labeled anti-nationals ask the Bengalis, Sindhis,
Pakhtoons and Balauchis. Or if he had demonstrated this misbehavior and
committed this unpardonable blunder in China he would have been languishing in a
prison or seeking refuge in other countries like the persecuted people of Tibet
and the Dalai Lama. It is time that the political manipulators and horse
traders in J&K understand that over exploitation and abuse of leniency and
accommodation has a potential of backfiring.
Thanks to India’s special
attention, investments and sacrifices, the Kashmiris have become the most free
and the richest Muslims not only in India but in the whole of South Asia. Any
missteps or irrational behavior by their leadership could upset this applecart.
10) Thankfully except separatists,
Islamists, terrorists and foreign inspired jihadists Kashmiris overwhelmingly
rejected the assertion of the Chief Minister. At this important juncture when
the country’s territorial integrity was being questioned by an important Sunni
operative the Muslim leadership of India unitedly came forward and pointedly
snubbed the separatists in Kashmir.
The Darul
Aloom Deoband known as the spiritual HQ of Sunni Islam and its social front,
Jamiat Ulema-e-Hind affirmed that J&K was an integral part of India.
By acknowledging this fact the Indian Muslim leadership categorically rejected
the Kashmir Chief Minister’s contention about the state’s accession to India.
Nonetheless by playing a different tune for making this irrational announcement
he has surely done a great service to the enemies of the state,
democracy and India. Was it a coincidence that just days after Omar’s speech
Pakistan raised the bogie of Kashmir issue in the Decolonization Committee of
the UN demanding that Kashmiris should decide the fate of J&K? This demand was
immediately rejected by India’s Foreign Minister saying that elections held in
J&K were plebiscite and that terrorism in Kashmir was created by Pakistan – the
epicenter of Islamic terrorism.
11) Both Pakistan and China
sliced away the territories of J&K and brought them under the direct rule of
their central administrations. Accordingly, these land grabbers violated the
integrity of Kashmir and international law, customs and traditions. As explained
earlier they radically altered the ground realities - as such India will be
within her right to invoke the doctrine of Rebus sic stantibus.
This doctrine provides that a state is exonerated from its obligation under an
international undertaking if there is a vital change in the circumstances
existing at the time the obligation was undertaken. There have been such vital
changes in the material circumstances since 1947 that it would be impossible to
claim the performance of the undertaking now.
12) India on the other hand
remained true to the content and spirit of law. It maintained the State’s
identity, territorial boundaries, exclusivity of its demography and uniqueness
of its body of law. Taking advantage of these exclusivist traits the enemies
of India with the help of their foreign masters within decades systematically
organized an internal subversion and sustained massive agitation. The first
targets of the resultant anti-India insurrection were all non-Muslim minorities
who were brutally driven from the Kashmir region and Sharia became the law of
the State. Thousands of Kashmiris were murdered, their properties were looted
and forcibly occupied and more than a million of them were rendered homeless
refugees. Although the patriotic Kashmiris had forewarned India about such a
possibility, these warnings however, fell on deaf ears. The Indian authorities
all along had chosen the role of disinterested spectator. Their lip service went
to the victims and the material support to the victimizers. The absence of swift
and stern action by the State and federal authorities led to earth shaking
turbulence throughout the Valley – the center of manipulated Sunni population.
13)
It must also be noted, that the
discriminatory and unequal religion based governance in India devised by the
modern rulers undermines the Constitution, national unity and the democratic
system.
It is extremely punitive and
harsh for the tolerant and non-violent Hindu society which is literally faced
with an existential dilemma with adverse bearing upon the unity and the security
of the country. Nationalist Activists, more importantly the Hindu Youth
themselves must take up the challenge for transforming the country's governing
apparatus into a truly democratic and equitable system and replace the tired and
self- oriented Leaders who have failed to fulfill the aspirations of the nation.
Their challenge is to guide the citizens towards a new destiny of Hindustan in
which a billion people live in unison for a bright and secure future.
According
to census figures, the population of Kashmiri Pandits in 1981 was 15 per cent of
the total population which fell to five per cent in 1991 and 0.01 per cent
thereafter. All of 99.9 per cent of the community had to leave the Valley.
Tolerating and
accepting degeneration of Hinduism and its glorious culture, in Kashmir and
elsewhere has the potential of leading the country towards national
disintegration and subjugation of Hindus.
14) Now
that the Sunni intolerance of other religious sects and contempt for democracy,
secularism, fair play, rule of law, respect for human rights, equality and
liberty for all is well established the proposal by non-Sunni citizens, who
collectively form J&K’s majority, for reorganization of the state must receive
serious consideration.
Destroying the families and lives
throughout the J&K State simply to appease the Sunnis in a single Valley – an
insignificant portion of State’s territory, is irrational and foolhardy.
The Dogras, Pandits, Sikhs, Buddhists, Shiias, Gujjars and Bakarwals must not be
left at the mercy of the very people who are out to destroy them. Their struggle
for survival has been too long. They deserve the same empowerment, rights,
respect and security for their families as the Sunnis of the Valley. Their sixty
three year old domination and disenfranchisement at the hands of those who have
proved misfits to function in a democracy must end. They must be given an
opportunity for rebuilding their lives in autonomous homelands under their own
authority for which the reorganization of the state is absolutely necessary. The
past six decades for them have been like living in hell.
As stated earlier the cycle of
misery, death, destruction, violence, deprivation, and discrimination for them
must end. More than six decades of criminal abuse of power by the Valley Sunnis
has left no alternative for non-Muslims except to seek liberation from the
tyranny of their oppressors.
Attachment A
Status of people in
Pakistan Occupied Kashmir (PoK)
Prime Minister of
Pakistan is one boss of the Azad Kashmiri leaders, as he is the Chairman of the
Kashmir Council which makes all the major decisions related to Azad Kashmir and
which could not be challenged by the Azad Kashmir Assembly or any court. It is
also interesting that in this Kashmir Council, Pakistanis are in majority and
they are not elected or selected by the people of Azad Kashmir. These Pakistanis
decide what is good for the people of Azad Kashmir; and subservient Azad
Kashmiris leaders happily come back and implement those decisions.
The other bosses of Azad
Kashmiri leaders include the following:
Pakistani Minister of Kashmir Affairs
and his officials;
Chief Secretary of Azad Kashmir who
is always a Pakistani;
- IG Police, who
is always a Pakistani;
- Finance
Secretary, who is always a Pakistani;
- Accountant
General, who is always a Pakistani;
- Inter Services
Intelligence, Chief in Azad Kashmir;
- Military
Intelligence, Chief in Azad Kashmir;
- Intelligence
Bureau, Chief in Azad Kashmir;
- Of course the
General Commanding Officer of Pakistan Army based in Murree.
These helpless and impotent rulers of
Azad Kashmir have to declare that they will be loyal to Pakistan; and despite so
many bosses and total control over their territory by Pakistan these leaders
living in fantasy world think they are Azad. This area – Azad Kashmir is ruled
under an act known as Act 74, which was drafted by Minister of Law of Pakistan
and rubber stamped by the Azad Kashmir Assembly without any discussion or
amendment.
According to Act 74 the following
are responsibility of Pakistan:
- The defence and
security of Azad Jammu & Kashmir;
- The current coin
or the issue of any bills, notes or other paper currency;
- The external
affairs of Azad Jammu and Kashmir including foreign trade
and foreign aid.
Apart from that on
more than 55 important matters concerning Kashmir, the Azad Kashmir Government
has no jurisdiction, and which include the following:
1) Post and Telegraphs,
including Telephones, Wireless Broadcasting
and other like forms of Communications; Post Office Saving Bank;
2) Council public services and
Council Public Service Commission;
3) Mineral resources necessary
for the generation of nuclear energy;
4) Aircraft and air navigation;
the provision of aerodromes;
regulation and organisation of air traffic and aerodromes.
5) Copyright, inventions,
designs, trade marks and merchandise marks.
6) Banking, that is to say, the
co-ordination with the Government of
Pakistan of the conduct of banking business;
7) The law of insurance and the
regulation of the conduct of
insurance business;
8) Stock-Exchange and future
markets with objects and business not
confined to Azad Jammu and Kashmir;
9) Planning for economic
co-ordination, including planning and
co-ordination of scientific and technological research;
10) Railways;
11) Mineral oil and natural gas;
liquids and substances declared by
law made by the Council to be dangerously inflammable;
12) Development of industries; 13)
Population planning and social welfare; 14)Electricity; 15) State Property in
Pakistan; 16) Curriculum, syllabus, planning, policy, centres of excellence and
standards of education;
17) Sanctioning of Cinematography
films for exhibition; `18) Tourism; 19) Duties of customs, including export
duties; 20) Taxes on income other than agricultural income; 21) Taxes on
corporations.
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