Published On: Mon, Feb 23rd, 2015

PDP and NC narrative of ‘sell out’

Share This
Tags

By Dr. Syed Nazir Gilani –

PDP and BJP are believed to have agreed to form a Government and a Common Minimum Programme would be the guiding compass. The two parties have cooperated with each other during Lok Sabha and Legislative Council elections and to believe that the formation of the Government in Jammu and Kashmir was being delayed due to some tough disagreement in their respective positions does not add up to convince.

For over a month Jammu and Kashmir has an administration under Governor’s rule. Except that the elected members have yet to state formally, that, “they swear to bear allegiance to the Constitution of the State, uphold the sovereignty and integrity of India and to discharge faithfully the duty,” and currently remain unpaid, there is hardly any adverse impact on the lives of the people.

NC and PDP have started trading allegations and counter allegations. The major allegation traded by NC is that PDP has made a “sell out” to BJP. PDP has tried to even by accusing NC of the sale of Kashmiri interest of all many manner in the past. It has been happening during different circumstances, when people were less knowledgeable about their rights and the people of the State had been groomed to live as ‘subjects’ and not as citizens. Participatory democracy, accountable government, rule of law and equality before law were scarcely part of daily narrative. Internet and Laws like right to information have just entered the common vocabulary of rights in Kashmir. Therefore a sell out in 2015 could not be concealed or defended at any cost.

There are reports that “careful language” has been adopted vis-a-vis contentious issues such as Article 370, Armed Forces Special Powers Act and West Pakistan refugees. PDP is learnt to have demanded an assurance on a dialogue with Pakistan and separatists. CMP document will reveal it all and we shall be in a better position to examine its literal and strained meaning.

If the PDP team has been truly holding (as claimed) out to seek a cast iron assurance on the above issues, it is nothing more than misleading the people. A negotiation along these lines does not only constitute a failed approach but it could be mildly put as an unfortunate sell out as well. Without granting any credence or sympathy to Omar Abdullah’s sell out allegation, one could examine the merits of his allegation in a juristic manner.

PDP has either made a serious error of judgement or in a worse scenario has played Christopher Marlowe’s Doctor Faustus in structuring the CMP. Jammu and Kashmir is a different case and there is no need to strike a pact with Lucifer. As a start Government of India at the 796th meeting of UN Security Council on 9 October 1957 has reiterated the ‘sovereign authority of the Jammu and Kashmir Government’ and has argued that Government of Pakistan had to consult the Government of Jammu and Kashmir before moving ahead in the construction of Manga Dam on the territory of Kashmir in Mirpur.

The duty of any Kashmir Government should be to rehabilitate the ‘sovereign character’ of the Jammu and Kashmir Government as pleaded by India at the UN Security Council. It is the sovereign government of Jammu and Kashmir which has allowed the entry of Indian security forces in Jammu and Kashmir. Therefore, these forces are a supplement and a subordinate force. The supplemental and sub-ordinate status of these Indian security forces has been argued and their presence defended by Sheikh Mohammad Abdullah at the 241st meeting of the UN Security Council on 5 February 1948.

Indian Government needed Sheikh Mohammad Abdullah to defend the entry and presence of these security forces in Jammu and Kashmir. The presence was temporary and specified for a short duration, to perform a specific duty. However, UN Security Council Resolution of 21 April 1948 in Para 2 (c) (i) to (iii) sets out a manner of the behaviour, number and location of these Indian forces. These forces have to be in Kashmir in accordance with the following three principles:

(i) That the presence of troops should not afford any intimidation or appearance of intimidation to the inhabitants of the State;

(ii) That as small a number as possible should be retained in forward areas;

(iii) That any reserve of troops which may be included in the strength should be located within their present base area.

Jammu and Kashmir Governments, have remained in pact with Delhi (as Faustus was with Lucifer) to allow the army, security forces and intelligence agencies to operate above law and degenerate into a regulative force. State Government has no threat to its security from any of the other two administrations of Jammu and Kashmir. Pakistan can’t afford to invade Jammu and Kashmir because of her commitments at the UN and assumption of duties under UNCIP Resolutions in the two territories at Muzaffarabad and Gilgit.

All State Governments have been striking a quid pro quo with Delhi and forcing the people to endure the abuses in particular under Armed Forces Special Powers Act (AFSPA). There is no need to trade the vote or an election result for a part withdrawal of AFSPA from some parts of Kashmir. These forces do not have a role beyond the one contained in the bilateral agreement and described in the UN Resolution. There is no place for Indian army beyond the defined roles and State Government is competent to scrap the AFSPA.

Unless PDP was using Article 370 as an excuse to wrench more concessions from BJP or was trying to create a make believe environment to win people on its side, it is common knowledge that a hell will break loose if any Indian Government ever touches article 370 in Kashmir. Indian Government can’t sustain the military writ in Kashmir and remain a democracy itself. People have to be educated that an Indian citizen required a permit until 1 April 1959 to enter the State. This position of entry and exit into the State has been reinforced in the UN debates on Kashmir from January 1948 until April 1959.

It is important to understand that the basis of the Jammu and Kashmir Constitution adopted on 17 November 1956 has to reconcile the caveat placed on its authority by the UN Security Council Resolution of 30 March 1951. In the case of BJP touching the status of article 370, Pakistan, citizens of Jammu and Kashmir living in all the three territories and Kashmiri diaspora would seek to invoke the various forums, in particular the caution of UN Security Council Resolution of 30 March 1951.

Indian public and non-BJP schools of opinion would not wish to be tagged as going to war against UN jurisprudence on Kashmir or re-igniting the unrest in Kashmir. Governments of India and Pakistan have accepted the provisions of the United Nations Commission for India resolution of 13 August 1948 and 5 January 1949 and have “reaffirmed their desire that the future of the State of Jammu and Kashmir shall be decided through the democratic method of a free and impartial plebiscite conducted under the auspices of the United Nations”.

The current PDP-BJP Government is elected from only a part of the State and therefore does not have a representative mandate. PDP can’t enter into any pact with BJP or any Indian Government in its present competence. More so UN Security Council has prescribed for the reconstitution of Jammu and Kashmir Government which should “give equal representation to each major political group in the State as identified in 285th meeting of Security Council on 19 April 1948”. It includes a representation to Azad Kashmir and Gilgit-Baltistan as well.

West Pakistan Refugees are a product of partition of India and their settlement is desirable within the territories, which are a consequence of that partition. Their settlement in the disputed State would have its problems. Jammu and Kashmir Government has to take into account the question of displacement of its own five generations of Kashmiri refugees from 1947 to date. They have to be “invited and are free, to return to their homes and to exercise their rights as such citizens.” In case of a prejudice to their interests, Kashmiri voter reserves the right to challenge the CMP.

PDP and NC narrative of ‘sell out’

By Dr. Syed Nazir Gilani –


PDP and BJP are believed to have agreed to form a Government and a Common Minimum Programme would be the guiding compass. The two parties have cooperated with each other during Lok Sabha and Legislative Council elections and to believe that the formation of the Government in Jammu and Kashmir was being delayed due to some tough disagreement in their respective positions does not add up to convince.
For over a month Jammu and Kashmir has an administration under Governor’s rule. Except that the elected members have yet to state formally, that, “they swear to bear allegiance to the Constitution of the State, uphold the sovereignty and integrity of India and to discharge faithfully the duty,” and currently remain unpaid, there is hardly any adverse impact on the lives of the people.

NC and PDP have started trading allegations and counter allegations. The major allegation traded by NC is that PDP has made a “sell out” to BJP. PDP has tried to even by accusing NC of the sale of Kashmiri interest of all many manner in the past. It has been happening during different circumstances, when people were less knowledgeable about their rights and the people of the State had been groomed to live as ‘subjects’ and not as citizens. Participatory democracy, accountable government, rule of law and equality before law were scarcely part of daily narrative. Internet and Laws like right to information have just entered the common vocabulary of rights in Kashmir. Therefore a sell out in 2015 could not be concealed or defended at any cost.

There are reports that “careful language” has been adopted vis-a-vis contentious issues such as Article 370, Armed Forces Special Powers Act and West Pakistan refugees. PDP is learnt to have demanded an assurance on a dialogue with Pakistan and separatists. CMP document will reveal it all and we shall be in a better position to examine its literal and strained meaning.

If the PDP team has been truly holding (as claimed) out to seek a cast iron assurance on the above issues, it is nothing more than misleading the people. A negotiation along these lines does not only constitute a failed approach but it could be mildly put as an unfortunate sell out as well. Without granting any credence or sympathy to Omar Abdullah’s sell out allegation, one could examine the merits of his allegation in a juristic manner.

PDP has either made a serious error of judgement or in a worse scenario has played Christopher Marlowe’s Doctor Faustus in structuring the CMP. Jammu and Kashmir is a different case and there is no need to strike a pact with Lucifer. As a start Government of India at the 796th meeting of UN Security Council on 9 October 1957 has reiterated the ‘sovereign authority of the Jammu and Kashmir Government’ and has argued that Government of Pakistan had to consult the Government of Jammu and Kashmir before moving ahead in the construction of Manga Dam on the territory of Kashmir in Mirpur.

The duty of any Kashmir Government should be to rehabilitate the ‘sovereign character’ of the Jammu and Kashmir Government as pleaded by India at the UN Security Council. It is the sovereign government of Jammu and Kashmir which has allowed the entry of Indian security forces in Jammu and Kashmir. Therefore, these forces are a supplement and a subordinate force. The supplemental and sub-ordinate status of these Indian security forces has been argued and their presence defended by Sheikh Mohammad Abdullah at the 241st meeting of the UN Security Council on 5 February 1948.

Indian Government needed Sheikh Mohammad Abdullah to defend the entry and presence of these security forces in Jammu and Kashmir. The presence was temporary and specified for a short duration, to perform a specific duty. However, UN Security Council Resolution of 21 April 1948 in Para 2 (c) (i) to (iii) sets out a manner of the behaviour, number and location of these Indian forces.  These forces have to be in Kashmir in accordance with the following three principles:

(i) That the presence of troops should not afford any

intimidation or appearance of intimidation to the inhabitants of the State;

(ii) That as small a number as possible should be retained in forward areas;

(iii) That any reserve of troops which may be included in the strength should be located within their present base area.

Jammu and Kashmir Governments, have remained in pact with Delhi (as Faustus was with Lucifer) to allow the army, security forces and intelligence agencies to operate above law and degenerate into a regulative force. State Government has no threat to its security from any of the other two administrations of Jammu and Kashmir. Pakistan can’t afford to invade Jammu and Kashmir because of her commitments at the UN and assumption of duties under UNCIP Resolutions in the two territories at Muzaffarabad and Gilgit.
All State Governments have been striking a quid pro quo with Delhi and forcing the people to endure the abuses in particular under Armed Forces Special Powers Act (AFSPA). There is no need to trade the vote or an election result for a part withdrawal of AFSPA from some parts of Kashmir. These forces do not have a role beyond the one contained in the bilateral agreement and described in the UN Resolution. There is no place for Indian army beyond the defined roles and State Government is competent to scrap the AFSPA.
Unless PDP was using Article 370 as an excuse to wrench more concessions from BJP or was trying to create a make believe environment to win people on its side, it is common knowledge that a hell will break loose if any Indian Government ever touches article 370 in Kashmir. Indian Government can’t sustain the military writ in Kashmir and remain a democracy itself. People have to be educated that an Indian citizen required a permit until 1 April 1959 to enter the State. This position of entry and exit into the State has been reinforced in the UN debates on Kashmir from January 1948 until April 1959.

It is important to understand that the basis of the Jammu and Kashmir Constitution adopted on 17 November 1956 has to reconcile the caveat placed on its authority by the UN Security Council Resolution of 30 March 1951. In the case of BJP touching the status of article 370, Pakistan, citizens of Jammu and Kashmir living in all the three territories and Kashmiri diaspora would seek to invoke the various forums, in particular the caution of UN Security Council Resolution of 30 March 1951.

Indian public and non-BJP schools of opinion would not wish to be tagged as going to war against UN jurisprudence on Kashmir or re-igniting the unrest in Kashmir. Governments of India and Pakistan have accepted the provisions of the United Nations Commission for India resolution of 13 August 1948 and 5 January 1949 and have “reaffirmed their desire that the future of the State of Jammu and Kashmir shall be decided through the democratic method of a free and impartial plebiscite conducted under the auspices of the United Nations”.

The current PDP-BJP Government is elected from only a part of the State and therefore does not have a representative mandate. PDP can’t enter into any pact with BJP or any Indian Government in its present competence. More so UN Security Council has prescribed for the reconstitution of Jammu and Kashmir Government which should “give equal representation to each major political group in the State as identified in 285th meeting of Security Council on 19 April 1948”. It includes a representation to Pakistan Administered Kashmir and Gilgit-Baltistan as well.

West Pakistan Refugees are a product of partition of India and their settlement is desirable within the territories, which are a consequence of that partition. Their settlement in the disputed State would have its problems. Jammu and Kashmir Government has to take into account the question of displacement of its own five generations of Kashmiri refugees from 1947 to date. They have to be “invited and are free, to return to their homes and to exercise their rights as such citizens.” In case of a prejudice to their interests, Kashmiri voter reserves the right to challenge the CMP.


    Print This Post Print This Post

Leave a comment

XHTML: You can use these html tags: <a href="" title=""> <abbr title=""> <acronym title=""> <b> <blockquote cite=""> <cite> <code> <del datetime=""> <em> <i> <q cite=""> <s> <strike> <strong>