15th amendment in Act 1974 and so - called Azad Kashmir, Dr Shabir Choudhry

 15th amendment in Act 1974 and so - called Azad Kashmir

Dr Shabir Choudhry 

1. Pakistan wants to conclude its imperialist and strategic game plan which it started in October 1947. This imperialist agenda began in name of Islam, and the captured prey shall be slaughtered with the ‘Islamic touch’. The facts presented below will expose Pakistan’s territorial designs; and how they have used Islam to camouflage their imperialist agenda.

2. After attacking Jammu and Kashmir State on 22 October 1947, Pakistan occupied some areas of the State; and announced on 24 October that you people are independent, and Sardar Ibrahim Khan will be your President.

3. Since that date, we people of Pakistani Occupied Jammu and Kashmir live in the false sense of being independent or liberated. Right from the childhood, our children through social, educational, economic, and cultural mechanisms are brainwashed or educated how to be a good slave of Pakistan.

4. It is said that the worst kind of slavery is where the slave does not even realise that he is slave. In other words, he cannot differentiate between slavery and independence. The concepts of freedom, liberalism, dignity, pluralism, equality, accountability and fundamental rights become irrelevant and alien to his life.

In this article we look at the independence people of so-called Azad Kashmir.

We are independent, are we?

5. We are independent. The first President of this region, called Azad Kashmir was not elected by the local people. He was appointed by a Commissioner of Rawalpindi, a middle ranking bureaucrat of Pakistan.

6. This ‘holy tradition’ continues to date. All affairs of this region are controlled by Pakistan, but we are still told we are independent.

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15th amendment in Act 1974 and so - called Azad Kashmir

Dr Shabir Choudhry

7. We are independent, but all our affairs are controlled by four Pakistanis stationed in so-called Azad Kashmir and are known as ‘lent officers’. These Pakistanis are deputed on high salaries, and they protect Pakistani interests in this region, and control affairs of this region. These lent officers are:

   • IG Police

   • Chief Secretary

   • Finance Secretary

   • Accountant General

8. Although bureaucrats of POJK are also brainwashed, mentally conditioned, loyal to Pakistan and talented; but they are not permitted to hold the above top posts. In addition to that, all officials of the POJK, before their application for any post, must swear their allegiance to Pakistan.

9. As if this control was insufficient, there is General Officer Commanding and sits in Murree, and is generally known as GOC Murree. He calls shots and controls all political, economic and administrative matters.

10. There is an interesting story that when one young and enthusiastic politician was appointed Prime Minister of POJK (Azad Kashmir), he thought he was a man with some powers. At that time social media apps like WhatsApp, Facebook, and Internet were not available. After taking over as the Prime Minister, he made one administrative appointment. Immediately he received a fax from the office of GOC Murree, demanding as to who made this appointment.

11. After consulting his advisors, the ‘Prime Minister’, with shaking legs and trembling hands, replied: ‘a competent authority has made this appointment.’

12. A stern warning came from the office of GOC Murree: ‘The competent authority is told not to appoint anyone without clearing it from the GOC Murree.’ This explains how independent so-called Azad Kashmir is, and what kind of independence we enjoy.

13.Also, there is a Ministry of Kashmir Affairs, which has overall responsibility for this ‘independent’ region. At one time, when a

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Secretary level official from the Ministry of Kashmir Affairs visited POJK, the President of this great independent country used to welcome him at Kohala Bridge, which links Pakistan with so - called Azad Kashmir.

14. How can we not mention, interference of Inter-Services Intelligence, Pakistan’s elite secret agency, which not only controls this region, but also controls politics of Pakistan and many other aspects of social, political, economic, administrative and cultural life.

15. Apart from that, there is Intelligence Bureau of Pakistan, Military Intelligence, FIU, FIA, and many other secret agencies freely operating in POJK, and no one, and I mean no one, can ask them what they are doing, who they are abducting, arresting, torturing, or even killing in our independent country.

16. In addition to all the above, we have the Kashmir Council. The Chairman of Kashmir Council will always be the Chief Executive of Pakistan. Seven members of the Council are Pakistanis. Four Pakistani Lent Officers mentioned earlier shall be present in the meetings. Other Pakistani experts could also be invited to attend the meetings. Six mental slaves of Pakistan (or let be a little fair to them, Azad Kashmiris who are more loyal to Pakistan than Pakistanis), from this independent country who have already sworn their allegiance to Pakistan will also attend the meetings.

17. In nutshell, the Kashmir Council consists of all Pakistanis, and all the laws passed by the Council could not be challenged in any court; and Azad Kashmir Assembly have no right to oppose or reject these laws.

18. Interesting point is that the laws the Kashmir Council will pass will not be applicable to the majority of those who pass them. Seven Pakistanis, including the Prime Minister of Pakistan and four Lent Officers or Pakistani experts will be instrumental in passing these laws, but since they are Pakistani, the laws passed will not be applicable to them.

19. The 15th Amendment could be the last nail in the coffin of our ‘independence’ and a separate identity. Although there is a strong public resentment against the proposed changes, and demonstrations are taking place in every nook and corner of POJK; however, ‘mental slaves’ in the Assembly of POJK will not dare to

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refuse or challenge Pakistani proposal. The minimum damage of the 15th amendment shall be more restrictions on our independence, and more layers of control on all aspects of our lives.

20. Just to point out that there is no constitution in POJK, prepared or passed by the Assembly. We are ruled by an Act, which was prepared by Abdul Hafeez Peerzada, Law Minister of Pakistan, he arrived in Muzaffarabad in his helicopter and a briefcase. He told the Assembly members to sign this document, Act 74, that he can go back to see his ailing mother. A few Members said, at least give us time that we can debate on this. He said, sign the document (Act 74) that I can go back to Islamabad, and you can continue with your debate. Do I need to explain more how independent we are?

21. It is also important to point out that all big political parties in so called Azad Kashmir are Pakistanis, namely Pakistan Peoples Party, Pakistan Muslim League N, and Pakistan Tehrek e Insaf. No local party can register as a political party if they don’t swear allegiance to Pakistan. Similarly, no individual can contest elections if they don’t swear their allegiance to Pakistan.

22. Bitter fact is that local people of Azad Kashmir cannot even select their candidates. Who will contest from which constituency, that will be decided by the senior leaders of these Parties in Pakistan.

23. We are so ‘proud’ of our independence that Presidents and Prime Ministers of this region, Azad Kashmir, are ‘arrested’ by Pakistan, and put in jail without any trial.

24. We are independent, but we have no control over our defence, or political affairs.

25. We are independent, but we have no foreign office to protect our interests, or speak on our behalf, especially speak for our people who live abroad.

26. We are so independent that we cannot even represent the Jammu and Kashmir dispute in the UN, or in any other international forum.

27. We never participated in any dialogue on Jammu and Kashmir.

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28. When India and Pakistan hold dialogue to resolve the Jammu and Kashmir dispute, we are never part of that process.

29. We were not part of the UN Resolutions, and our sentiments were not taken into consideration.

30. We are not part of any covenant on Jammu and Kashmir.

31. Yet, we claim to be independent, but we have no control over

our economy.

32. We cannot seek any help from any country. Any help or grant given in the name of Azad Kashmir goes to Islamabad, and since there is no accountability, most of that help stays in the hands of the Pakistani officials.

33. We are independent, but we have no control over the money sent to so-called Azad Kashmir by people of this region living abroad.

34. We are independent, but we are not even allowed to generate one megawatt electricity.

35. All the electricity generated from our region goes to Pakistan’s ‘national grid’ and sold to the consumers in Pakistan.

36. They also sell our electricity to us at much higher price per unit than what they sell to the Pakistani consumers.

37. To rub salt in our wounds, and to show us our real status of master and slave, they have imposed extra tax on us.

38. Our electricity requirement is 380 Megawatts, and we don’t even get that, and our people have to endure up to 18 hours of load shedding, which makes life extremely difficult.

39. We are independent, but whenever, Pakistan wishes they can stop our electricity.

40. They can switch off our Internet and mobile signals.

41. Our lives, politics, economy, post, banks, radio station, TV, in

other words everything is controlled by Pakistan, but fools who live in so - called Azad Kashmir insist that they are Azad – independent.

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New trap of Pakistan

42. I have pointed out some bitter facts related to the independence of Azad Kashmir. Now Pakistan plans to take away what little we have. Pakistani officials and their foot soldiers in Azad Kashmir are ironing out difficulties related to 15th amendment.

43. Pakistan is proposing to grant a provincial status to Pakistani Occupied Jammu Kashmir (POJK). To sell this to politicians and people of Azad Kashmir, they are saying Azad Kashmir will benefit from this change.

If the 15th amendment is passed, then the following will result:

44. Azad Kashmir will become a province of Pakistan or a ‘provisional’ province. Some of the ingredients of a state, which we had will disappear.

45. Azad Kashmir will no longer be Innate or Ineffaceable (Jansheen) government of the Maharaja Hari Singh, whose task was to ‘liberate’ the other part of Jammu and Kashmir under control of India.

46. The post of President will end, and it will be replaced by a Governor of Azad Jammu and Kashmir.

47. Azad Jammu and Kashmir no longer be perceived as a territory part of the other Jammu and Kashmir under Indian control, hence from then onwards, the word State will disappear and be replaced with Azad Jammu and Kashmir.

The post of PM will end and be replaced with Chief Minister.

Semi-autonomous status of POJK will end.

48. 49. 50.

51. Although, in my opinion the Azad Kashmir flag did not represent the divided State of Jammu and Kashmir, nevertheless it

State subject laws, whatever was left of them will end, and Pakistanis will be legally able to buy land anywhere in Azad Kashmir.

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gave people a separate identity that we were not Pakistanis. This flag will disappear and will only be available in history books and in museums.

52. The Azad Kashmir anthem will end, and our children will carry Pakistani flags and sing the Pakistani anthem.

53. There will be no role of the United Nations in any matter related to the Jammu and Kashmir dispute, hence replacement of the name United Nations with " subject to recognition under" in the Preamble.

54. In the Kashmir Council, among 7 Pakistani politicians will include Chief Executive of Pakistan, Minister of Defence and Foreign Minister .

55. The Kashmir Council will be assisted by Pakistani Lent Officers appointed in POJK. In other words, the Council will consist of all Pakistanis (those who are selected from POJK have no spine - they try to be more loyal and patriot Pakistanis).

56. The Chief Justice of the High Court and other Judges and Election Commissioner will be appointed by the Prime Minister of Pakistan. These appointments CANNOT be challenged in any court.

57. The Kashmir Council will have a right to collect taxes and present their budget.

58. The Jammu and Kashmir property worth more than Rs 80 trillion will be managed by the Council. (In the past Pakistan has sold some very valuable property without even telling the Azad Kashmir Assembly and kept the money).

59. Assembly Members shall be 56.

60. The Chief Minister will have 27 Ministers and 3 Advisors.

61. In the election of the Governor (or PM), apart from the

Assembly Members the Council will also take part.

62. In article 6, there is mention of a ‘joint sitting’. That means 7 members of Pakistan, including the Chief Executive of Pakistan, Minister of Defence and Foreign Minister will also attend the Assembly meetings.

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63. The Kashmir Council will deal with the following subjects:

1. Railways.

2. Minerals.

3. Oil and natural gas.

4. Liquids and substances declared by the Government of Pakistan to be dangerously inflammable.

5. National planning and national economic coordination, including planning and coordination of scientific and technological research.

6. Supervision and management of public debt.

7. Boilers

8. Census.

9. State Property until transfer to the Government of AJK.

10. Electricity except the power generation planned and made by the

    Government of AJK.

11. Terminal taxes on goods or passengers carried by railway or air.

12. Taxes on their fares and freight.

13. ’Extension of the powers and jurisdiction of members of a police

    force belonging to Azad Jammu and Kashmir, or any Province of Pakistan to any area in such province or the Azad Jammu and Kashmir but not to enable the police of Azad Jammu and Kashmir or such province to exercise power and jurisdiction in such province or Azad Jammu and Kashmir and without the consent of the Government of that province or the Azad Jammu and Kashmir’.

14. Measures to combat certain offences committed in connection with matters concerning the subjects included in this list.

15. Removal of prisoners and accused persons from Azad Jammu and Kashmir to Pakistan or from Pakistan to Azad Jammu and Kashmir.

16. Prevention of the extension from Azad Jammu and Kashmir to Pakistan or from Pakistan to Azad Jammu and Kashmir of infections of contagious diseases or pests affecting men; animals or plants.

17. Curriculum, syllabus, planning, policy, centers of excellence and standards of education.

18. Medical and other professions excluding the legal profession.

19. Standards in institutions for higher education and research,

    scientific and technical institutions.

20. Matters concerning coordination between Azad Jammu and

    Kashmir and other Provinces of Pakistan.

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21. The salaries, allowance and privileges of the members, including salaries and pension payable to employees of the council.

22. Jurisdiction and powers of all courts with respect to any of the matters enumerated in this list.

23. Offences against laws with respect to any of the matters in this Part.

24. Inquiries and statistics for the purposes of any of the matters in this Part.

25. Matters incidental or ancillary to any matter enumerated in this Part.

64. Any law passed by the Council will not be challenged in any court or in POJK Assembly

65. Article 53 will empower the Prime Minister of Pakistan to impose emergency in POJK.

66. There are still so many things that are hidden by Islamabad. Because they have never been sincere with the people of Jammu and Kashmir, or the Jammu and Kashmir dispute, they have not put all the cards on the table.

67. There are still so many things that are hidden by Islamabad. Because they have never been sincere with the people of Jammu and Kashmir, or the Jammu and Kashmir dispute, they have not put all the cards on the table.

68. In my opinion if this amendment is passed, then we will see another amendment to finalise the fate of this region. So, it is imperative that we stop them here; and assert our demands and obtain our fundamental right and control our natural resources.

69. Readers may remember, at one time, we had Azad Kashmir Regular Forces, this was disbanded by Pakistan (Fact is it was established by Pakistan too to hoodwink the United Nations security Council). After disbanding it Azad Kashmir Forces are nowhere to be seen. They lost their identity. They are part of the Pakistan army now; and we are totally dependent on Pakistan for security and law and order.

70. If we lose this battle, then we will lose our identity, history and culture; and our future generations will only read about Jammu and

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Kashmir and so - called Azad Kashmir in history books, as presented by Pakistan.

71. The news is Pakistan is busy making arrangements to assimilate POJK. A friend of mine from Muzaffarabad phoned his friend on a landline in Muzaffarabad, and towards the end, the message was as if he had phoned KPK.

72. This indicates that Pakistan may divide the POJK, and not leave it as one political entity. If that happens then Muzaffarabad Division may become part of KPK. Other districts of POJK could become parts of the Pakistani cities and divisions. For example, Bhimber may become part of Gujrat, Mirpur may become part of Jhelum and Kotli may become part of Rawalpindi Division etc.

73. There is a strong public pressure against these proposals. However, the fact remains that the politicians have no spine. The region is politically controlled by the Pakistani political parties, namely Pakistan Tehrek e Insaf, Pakistan Muslim League N, and Pakistan Peoples Party, not to mention control of GOC Murree and the secret agencies.

74. In my view, the role of Azad Kashmir Assembly is to protect fundamental rights of the people and save our natural resources; but danger is the puppets will sign on the dotted line, unless there is a very strong public movement against this naked aggression and imperialism.

75. Weurgepeopletostandupfortheirfundamentalrights;andtosave their State, identity and future of their generations. There must be a strong movement in all parts of POJK, and especially in Muzaffarabad, the Capital of this region.

76. If we don’t wake up and still fail to understand the designs and game plan of Pakistan, then we will soon see Bharia Towns, Defence Housing Schemes and holiday resorts emerging in various places of so-called Azad Kashmir. There is no need to say that they will all be controlled by the army and the Pakistani property tycoons. End

Email: drshabirchoudhry@gmail.com Tel: 0044 7790942471

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