Why Azad Kashmir is called Azad?
Dr Shabir Choudhry 26 April 2010
United Kashmir Peoples National Party arranged a seminar in London, titled: Challenges, options and role of Kashmiri Diaspora. The Seminar was attended by around 150 people from various walks of life; and addressed by many important leaders among them were pro independent prominent Kashmiris, Pakistani leaders, Pakistani analysts, Baloch and Swiss leaders.
The topic was important and all the speakers made valuable contribution to enrich the debate, but what caught my attention and attention of many other people was the remarks of Baloch nationalist leader and a former Provincial Minister, Sardar Hyrbayar Mari, son of Sardar Kher Baksh Mari and a brother of Balaj Mari who was killed by the Pakistani forces after the cold blood murder of Nawab Akbar Bugti.
In his written speech which was carefully delivered by Sardar Hyrbayar Mari, he paid glowing tribute to the struggle of the Kashmiri people which was in many ways similar to the struggle of the Baloch people. He said like Balochistan, Kashmir was also an independent country, but it was soon occupied; and now Kashmir is divided and occupied. He said one part of Kashmir which is occupied by Pakistan is called Azad Kashmir.
He said: There are hundreds of independent countries in the world, but no country write independent with its name, as it is understood that they are all independent. However with Kashmir Pakistani authorities have included azad (independent), it clearly means there is something wrong – daal main kuch kala hai – something sinister is at play; and they have something to hide. This word is included to fool people of Jammu and Kashmir, just to give them false sense of independence.
He further said: all oppressed and occupied people should unite and coordinate their activities to fight forces of occupation. We have no other choice, but to fight for our rights and our national independence.
One can disagree with the kind of politics promoted by Sardar Hyrbayar Mari, but no one can dispute that he is very committed to his cause and is sincere nationalist Baloch leader. Furthermore his observation on Azad Kashmir truly represents the situation in Azad Kashmir. 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, distance between people of Gilgit Baltistan and rest of Jammu and Kashmir, especially Azad Kashmir widened and sense of belonging weakened.
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.
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;
11) 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.
Addressing the Seminar, Sardar Shaukat Kashmiri, Chairman of UKPNP gave overview of the topic under discussion and explained the challenges faced by the 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.
Mohammed Sarwar, Chief Editor of ‘Nation’ London and political analyst said: he loved his country and as a loyal citizen wanted to ensure that there was peace, stability and prosperity in Pakistan. He said Pakistan supported Kashmiri peoples right of self determination and has suffered enormously because of its Kashmir policy. He said Pakistan should make Azad Kashmir a model area that people of Indian side of Kashmir can compare their life with that of people of Azad Kashmir.
Other speakers included Dr Charles Graves, Secretary General Interfaith International, Councillor Mushtaq Lasharie, Dr Shabir Choudhry, from KNP, Mr Akram Khakwani from PPP, Mehmood Kashmiri from JKNLF, Nawaz majid from KNP, Shamas Rehman from Kashmiri Identity Campaign, Sardar Isahaq Khan from UKPNP Professor Nazir Tabbasum and J Salik from Pakistani Minorities.
The Seminar was preceded by PNP organisational matters in which its new leadership was elected for Britain. The meeting was presided by newly elected President of the PNP, Sardar Usman Kiani. It was a successful event and all the credit goes to Shaukat Kashmiri and his team.
Writer is Director Diplomatic Committee of Kashmir National Party, political analyst and author of many books and booklets. Also he is Director Institute of Kashmir Affairs.Email:drshabirchoudhry@gmail.com
To view other articles see my blog: www.drshabirchoudhry.blogspot.com
Monday, 26 April 2010
Saturday, 17 April 2010
Gilgit Baltistan debated in House of Lords
Gilgit Baltistan debated in House of Lords
Dr Shabir Choudhry 17 April 2010
Baroness Emma Nicholson has done it again. Once again she has successfully arranged very valuable conference to promote the fundamental rights of people of Gilgit Balatistan.
She won minds and hearts of the people of Jammu and Kashmir in general, and the people of Gilgit Baltistan in particular when she, as an EU Rapporteur on Kashmir, authored an EU Kashmir Report. Despite fierce opposition from Pakistani government, their allies and supporters the report was passed by overwhelming majority by the EU Parliament in May 2007. There were 524 votes in favour of the report and only 09 against it.
The report raised hopes of people of Jammu and Kashmir, and especially hopes and morale of people of Gilgit Baltistan who were denied of basic human rights since 1947. This report generated tremendous pressure on the government of Pakistan to provide fundamental rights to the people of Gilgit Baltistan.
Prior to the passing of this very valuable report EU countries did not have a common policy on Jammu and Kashmir dispute. Each country pursued a policy on this matter in line with their national interest, and in accordance with their relationship with India and Pakistan; and people of Jammu and Kashmir and their fundamental rights and their interests were not always their priority.
After the passing of this report the EU countries had a common policy which they all helped to formulate. The EU has a strategic partnership with India and they also have good relations with Pakistan. Since most Pakistani policies, including the foreign policy is India centric; it was no longer possible for the government of Pakistan to ignore this report which was passed by powerful European Parliament.
Result of this pressure was a New Package known as ‘Gilgit – Baltistan (Empowerment and Self Governance) Order 2009’. Like the previous Packages, the New Package was also imposed on the people of Gilgit Baltistan, because in line with their policy about their colony – Gilgit Baltistan, the Pakistani government did not feel any need to consult anyone from the region. They did not even consult their appointed Chief Executive or Northern Areas Legislative Assembly.
As these areas were not legally part of Pakistan – a fact acknowledged by their Supreme Court and their constitution, hence any action taken by the Pakistani government could not be ‘legal’ either. What right have they got to appoint a Pakistani citizen as a Governor of these areas? Only purpose was to annex the territory, step by step, by holding a drama of elections.
And now that they have a puppet Assembly and a puppet Chief Minister they could embark on stage two of their plan to annex these areas by giving the impression that it was done legally; and that it was the wish of the people. True Kashmiri nationalists and sons of the soil feared this all along and opposed this New Package, as it was old wine in new bottles.
Kashmir National Party with help of a leader of Shafqat Inquilabi, a leader of Balawaristan National Front filed a case against this Ordinance and in the Supreme Court of Pakistan. This had a ripple affect on the politics of the area and also politics of the Pakistani Administered Kashmir. The media and some political circles called a daring move and gave it a wider coverage.
Some political activists, however, argued that there should have been a wider consultation before filing the case. In our opinion it was not feasible, as Pakistani agencies could have been alerted by moles in the political parties and the agencies could have blocked the move. Now that the case is registered in the Supreme Court of Pakistan, no one stops others to file another case; or support the existing one.
Baroness Emma Nicholson has always taken a lead in promotion of rights of the underprivileged and less fortunate people. She does not give - in to pressure and intimidation, or hesitate to challenge those in power and promote politics of hatred and blackmailing. Despite storm of protests and pressure managed by government of Pakistan, their agencies and their puppets, she stood like a rock and persuaded overwhelming majority of the Members of the European Parliament to support the cause she was promoting.
However, many thought that she would not stick her neck out again to promote the fundamental rights of the people of the State of Jammu and Kashmir. Once again she proved them wrong. After hearing about this challenge to Gilgit Baltistan Ordinance in Supreme Court of Pakistan, she had a meeting with me and expressed her desire to have a conference on the subject in the House of Lords.
I was very pleased with this. I knew she will make a good job of this as well, because she had very dedicated and loyal staff with great experience in organising conferences at that level. The Conference, indeed, turned out to be a big success; and written feedback provided by the audience confirmed that.
Baroness Emma Nicholson chaired the Conference, provided an introduction at the start, and a summary at the end. There were three main speakers, namely Dr Shabir Choudhry, Mohammed Sarwar and Abdul Hamid Khan. Dr Shabir Choudhry, as an expert on the topic established the legal and constitutional status of these areas, provided background to the Ordinance and rational for challenging the case in the Supreme Court of Pakistan.
Mohammed Sarwar, a Pakistani Citizen and Chief Editor of ‘Nation’, while acknowledging the past mistakes of respective Pakistani governments, appreciated positive steps taken by the present civilian government of Pakistan; and urged people to give more time to the government to fully implement their policies.
Abdul Hamid Khan, as a local man from the area and as a Chairman of Balawaristan National Front, explained the level of deprivation and resentment; and how secret agencies of Pakistan promoted sectarianism, extremism, regionalism and hatred. He said this Ordinance was not designed to empower people but to take away power from them and deprive them of fundamental rights.
Other Kashmiri leaders like Abbas Butt, Nadeem Aslam, Mehmood Kashmiri, Shams Rehman, Professor Nazir Tabassum, Afzal Tahir, Krishna Bhan, Najib Afsar and Usman Kiani made valuable contribution to the debate from the floor.
Apart from some other members of House of Lords, there were diplomats from some countries which included diplomats of India and Pakistan. Pakistan was represented by His Excellency Deputy High Commissioner Mr Asif Durrani; and India was represented by Mr Raveesh Kumar, Political Counsellor.
It is quite normal for the Pakistani officials and diplomats to turn up unprepared, but Mr Asif Durrani surprised many, as he was well prepared for this Conference and had a number of typed pages to support the case of government of Pakistan.
It appeared that the Indian diplomat, Raveesh Kumar on the other hand only came there to show his presence, and felt obliged to speak after rather impressive intervention by His Excellency Asif Durrani. As a result of lack of preparedness, Raveesh Kumar was less impressive; however, he reiterated the stand of India as Kashmir being an ‘integral part’ of India.
However there was some contradiction in Asif Durrani’s statement. He said Gilgit Baltistan was not legally part of Pakistan, but for practical purposes it was a province of Pakistan. Also he said Pakistan respected the UN resolutions on Kashmir and implemented them. Apart from that he questioned the rationale of this conference when the case was in the Supreme Court.
Baroness Emma Nicholson explained that the British Parliament was a sovereign Parliament and its Members could debate any topic which is of interest to them. I, Dr Shabir Choudhry, on the other hand challenged stands of both India and Pakistan by saying that the accession to India was provisional and had to be ratified by the people. Also that Pakistan did not implement the UN Resolutions; and despite lofty claims about fighting terrorising and controlling militants going across the LOC, still actively promoted militancy and jihad in Jammu and Kashmir.
The Conference was followed by a Press Conference inside the House of Lords which was addressed by Baroness Emma Nicholson, Dr Shabir Choudhry, Mohammed Sarwar and Abdul Hamid Khan.
We hope after the general elections, Baroness Emma Nicholson will continue with her mission of promoting democratic rights of people of Jammu and Kashmir; and also continue her ‘jihad’ against forces of violence, extremism hatred.
Writer is Director Diplomatic Committee of Kashmir National Party, political analyst and author of many books and booklets. Also he is Director Institute of Kashmir Affairs.Email:drshabirchoudhry@gmail.com
To view other articles see my blog: www.drshabirchoudhry.blogspot.com
Dr Shabir Choudhry 17 April 2010
Baroness Emma Nicholson has done it again. Once again she has successfully arranged very valuable conference to promote the fundamental rights of people of Gilgit Balatistan.
She won minds and hearts of the people of Jammu and Kashmir in general, and the people of Gilgit Baltistan in particular when she, as an EU Rapporteur on Kashmir, authored an EU Kashmir Report. Despite fierce opposition from Pakistani government, their allies and supporters the report was passed by overwhelming majority by the EU Parliament in May 2007. There were 524 votes in favour of the report and only 09 against it.
The report raised hopes of people of Jammu and Kashmir, and especially hopes and morale of people of Gilgit Baltistan who were denied of basic human rights since 1947. This report generated tremendous pressure on the government of Pakistan to provide fundamental rights to the people of Gilgit Baltistan.
Prior to the passing of this very valuable report EU countries did not have a common policy on Jammu and Kashmir dispute. Each country pursued a policy on this matter in line with their national interest, and in accordance with their relationship with India and Pakistan; and people of Jammu and Kashmir and their fundamental rights and their interests were not always their priority.
After the passing of this report the EU countries had a common policy which they all helped to formulate. The EU has a strategic partnership with India and they also have good relations with Pakistan. Since most Pakistani policies, including the foreign policy is India centric; it was no longer possible for the government of Pakistan to ignore this report which was passed by powerful European Parliament.
Result of this pressure was a New Package known as ‘Gilgit – Baltistan (Empowerment and Self Governance) Order 2009’. Like the previous Packages, the New Package was also imposed on the people of Gilgit Baltistan, because in line with their policy about their colony – Gilgit Baltistan, the Pakistani government did not feel any need to consult anyone from the region. They did not even consult their appointed Chief Executive or Northern Areas Legislative Assembly.
As these areas were not legally part of Pakistan – a fact acknowledged by their Supreme Court and their constitution, hence any action taken by the Pakistani government could not be ‘legal’ either. What right have they got to appoint a Pakistani citizen as a Governor of these areas? Only purpose was to annex the territory, step by step, by holding a drama of elections.
And now that they have a puppet Assembly and a puppet Chief Minister they could embark on stage two of their plan to annex these areas by giving the impression that it was done legally; and that it was the wish of the people. True Kashmiri nationalists and sons of the soil feared this all along and opposed this New Package, as it was old wine in new bottles.
Kashmir National Party with help of a leader of Shafqat Inquilabi, a leader of Balawaristan National Front filed a case against this Ordinance and in the Supreme Court of Pakistan. This had a ripple affect on the politics of the area and also politics of the Pakistani Administered Kashmir. The media and some political circles called a daring move and gave it a wider coverage.
Some political activists, however, argued that there should have been a wider consultation before filing the case. In our opinion it was not feasible, as Pakistani agencies could have been alerted by moles in the political parties and the agencies could have blocked the move. Now that the case is registered in the Supreme Court of Pakistan, no one stops others to file another case; or support the existing one.
Baroness Emma Nicholson has always taken a lead in promotion of rights of the underprivileged and less fortunate people. She does not give - in to pressure and intimidation, or hesitate to challenge those in power and promote politics of hatred and blackmailing. Despite storm of protests and pressure managed by government of Pakistan, their agencies and their puppets, she stood like a rock and persuaded overwhelming majority of the Members of the European Parliament to support the cause she was promoting.
However, many thought that she would not stick her neck out again to promote the fundamental rights of the people of the State of Jammu and Kashmir. Once again she proved them wrong. After hearing about this challenge to Gilgit Baltistan Ordinance in Supreme Court of Pakistan, she had a meeting with me and expressed her desire to have a conference on the subject in the House of Lords.
I was very pleased with this. I knew she will make a good job of this as well, because she had very dedicated and loyal staff with great experience in organising conferences at that level. The Conference, indeed, turned out to be a big success; and written feedback provided by the audience confirmed that.
Baroness Emma Nicholson chaired the Conference, provided an introduction at the start, and a summary at the end. There were three main speakers, namely Dr Shabir Choudhry, Mohammed Sarwar and Abdul Hamid Khan. Dr Shabir Choudhry, as an expert on the topic established the legal and constitutional status of these areas, provided background to the Ordinance and rational for challenging the case in the Supreme Court of Pakistan.
Mohammed Sarwar, a Pakistani Citizen and Chief Editor of ‘Nation’, while acknowledging the past mistakes of respective Pakistani governments, appreciated positive steps taken by the present civilian government of Pakistan; and urged people to give more time to the government to fully implement their policies.
Abdul Hamid Khan, as a local man from the area and as a Chairman of Balawaristan National Front, explained the level of deprivation and resentment; and how secret agencies of Pakistan promoted sectarianism, extremism, regionalism and hatred. He said this Ordinance was not designed to empower people but to take away power from them and deprive them of fundamental rights.
Other Kashmiri leaders like Abbas Butt, Nadeem Aslam, Mehmood Kashmiri, Shams Rehman, Professor Nazir Tabassum, Afzal Tahir, Krishna Bhan, Najib Afsar and Usman Kiani made valuable contribution to the debate from the floor.
Apart from some other members of House of Lords, there were diplomats from some countries which included diplomats of India and Pakistan. Pakistan was represented by His Excellency Deputy High Commissioner Mr Asif Durrani; and India was represented by Mr Raveesh Kumar, Political Counsellor.
It is quite normal for the Pakistani officials and diplomats to turn up unprepared, but Mr Asif Durrani surprised many, as he was well prepared for this Conference and had a number of typed pages to support the case of government of Pakistan.
It appeared that the Indian diplomat, Raveesh Kumar on the other hand only came there to show his presence, and felt obliged to speak after rather impressive intervention by His Excellency Asif Durrani. As a result of lack of preparedness, Raveesh Kumar was less impressive; however, he reiterated the stand of India as Kashmir being an ‘integral part’ of India.
However there was some contradiction in Asif Durrani’s statement. He said Gilgit Baltistan was not legally part of Pakistan, but for practical purposes it was a province of Pakistan. Also he said Pakistan respected the UN resolutions on Kashmir and implemented them. Apart from that he questioned the rationale of this conference when the case was in the Supreme Court.
Baroness Emma Nicholson explained that the British Parliament was a sovereign Parliament and its Members could debate any topic which is of interest to them. I, Dr Shabir Choudhry, on the other hand challenged stands of both India and Pakistan by saying that the accession to India was provisional and had to be ratified by the people. Also that Pakistan did not implement the UN Resolutions; and despite lofty claims about fighting terrorising and controlling militants going across the LOC, still actively promoted militancy and jihad in Jammu and Kashmir.
The Conference was followed by a Press Conference inside the House of Lords which was addressed by Baroness Emma Nicholson, Dr Shabir Choudhry, Mohammed Sarwar and Abdul Hamid Khan.
We hope after the general elections, Baroness Emma Nicholson will continue with her mission of promoting democratic rights of people of Jammu and Kashmir; and also continue her ‘jihad’ against forces of violence, extremism hatred.
Writer is Director Diplomatic Committee of Kashmir National Party, political analyst and author of many books and booklets. Also he is Director Institute of Kashmir Affairs.Email:drshabirchoudhry@gmail.com
To view other articles see my blog: www.drshabirchoudhry.blogspot.com
Thursday, 8 April 2010
AJK Judicial crises - real story
AJK Judicial crises - real story
Dr Shabir Choudhry 09 April 2010
Chief Justice Choudhry Riaz Akhtar may not be the right person to be Chief Justice of Pakistani Administered Kashmir; he may be corrupt too, but is he the only public office holder who is alleged to be corrupt in AJK and in Pakistan. If he is corrupt and inappropriate person for this post then responsibility lies with those who appointed him.
The present Muslim Conference government is after blood of Chief Justice Choudhry Riaz Akhtar, yet it was the Muslim Conference government which appointed him the Chief Justice even though he was junior to Justice Manzoor Gilani.
He was acceptable to them at that time because he, as an Election Commissioner, helped them to win elections in 2006. The Muslim Conference government of the time thought it appropriate to reward him by giving him the top post in the AJK judiciary.
If he was dishonest the ruling party knew that; and many think it was because of this ‘qualification’ he was made an Election Commissioner. The seniority issue also did not concern the Muslim Conference governments as Chief Justice Riaz Akhtar enjoyed his position until he was ‘unconstitutionally’ removed two weeks ago. So what has gone so wrong that the Muslim Conference government is out with knives to hunt Chief Justice Riaz Akhtar?
The Prime Minister of AJK was so angry that on one live TV show he accused Chief Justice Riaz Akhtar of ‘sedition’. The anchor of the programme asked him again on this serious allegation, and again he repeated his allegation and said without being emotional on the issue he thought Chief Justice Riaz Akhtar has committed ‘treachery’.
What treachery did the Chief Justice Choudhry Riaz Akhtar commit? Did he have some secret contacts with India or did he sell some state secrets to enemy country? Answer to the above is he has not done that.
Justice Gilani was not happy that his junior had superseded him and protested against this injustice, but afterwards accepted the de facto change and worked under the new Chief Justice, and the matter was conceived as settled. Then all of sudden Justice Manzoor Gilani after more than 3 years decided to take the matter to the Supreme Court of Pakistan. Question here is what role, if any, the Supreme Court of Pakistan has in matters of Azad Kashmir, which is not part of Pakistan?
Legally and constitutionally Azad Kashmir is not part of Pakistan. Azad Kashmir has its own administrative structure with its own President, its own Prime Minister, its own flag, its own national anthem and its own Supreme Court. And ‘treachery’ of the Chief Justice is to state that fact loudly, which was not liked by those who control this territory as their colony.
On issue of Justice Manzoor Gilani’s appeal to the Supreme Court, Chief Justice Riaz Akhtar questioned the role of the Supreme Court of Pakistan and said they have no right to take a decision related to ‘another country’, which technically Azad Kashmir is.
I am not suggesting that the Chief Justice Riaz Akhtar has become a ‘Kashmiri nationalist’, because anyone with little bit of Kashmiri nationalism would not be allowed to rise up to this status or walk in to corridors of power. However his remarks have upset the Pakistani establishment; and they are the ones who calls shots in the politics of Azad Kashmir.
It is now becoming increasingly clear that a conspiracy was hatched by agencies and the Prime Minister of Azad Kashmir was forced to become their tool to ‘illegally dismiss’ the Chief Justice of Azad Kashmir. With regard to dismissal of judges, the constitution of Azad Kashmir says:
‘A Judge of Supreme Court or of the High Court shall not be removed from office except as provided by this section’. Section 42 E.3
Section 4: If on information received from the Supreme Judicial Council or from any other source, the Chairman of the AJK Council or the President is of the opinion that a judge of the Supreme Court or of the High Court: (A) may be incapable of properly performing the duties of his office by reason of physical or mental incapacity; or (B) may have been guilty of misconduct, the Chairman or the President as the case may be, shall direct the Supreme Judicial Council to inquire in to this matter.’
No one disputes the fact that a Chief Justice or any other Judge could be removed from his office on charges of misconduct or mental incapacity, but for that, proper procedures have to be followed. Perhaps the establishment of Pakistan and government of Azad Kashmir did not trust the President of Azad Kashmir Raja Zulqarnain; and they wanted to strike when he was on a visit to the United Kingdom.
In his absence, the Speaker of the Assembly becomes an Acting President and could exercise the same powers. Now the flaws in the conspiracy drama become too visible. The Prime Minister of Azad Kashmir went to see the Acting President at 11.40 and spoke to him about charges against the incumbent Chief Justice; and at 11.44 the Acting President forwarded the case to the Supreme Judicial Council with 12 pages charge sheet.
This timing is not denied by the Prime Minister of Azad Kashmir in his TV appearance. No human being can listen to the charges of misconduct against the incumbent Chief Justice and prepare a charge sheet in 4 minutes. It is clear that the case was already prepared and they wanted to strike before the President returns to Azad Kashmir.
The law says if the Supreme Judicial Council after investigation is of the opinion that the judge ‘should be removed from the office’ then the ‘Chairman (of Supreme Judicial Council) shall advice the President to remove the judge from his office and the President shall pass orders accordingly’.
However the Supreme Judicial Council should consist of the incumbent Chief Justice, who becomes Chairman of this institution, Chief Justice of High Court and the senior judge of the Supreme Court. The Supreme Judicial Council must not consist of those judges who have serious conflict of interest. After illegal dismissal of the Chief Justice Riaz Akhtar, the present Supreme Judicial Council consist of his rival Justice Gilani and his appointed ad hoc Judge and another Judge.
So one can see there is a clear conflict of interest in this case, and it is complete mockery of the judicial system in Azad Kashmir. However, if the Chief Justice Riaz Akhtar is due to retire in June 2010, then question arises what was the purpose of this drama? If his alleged ‘corruption’ and other ‘misconduct’ was tolerated for so many years then why disgrace him this way now.
Is it that his remarks regarding the role of the Supreme Court of Pakistan have annoyed powerful people? Or are the regional and tribal rivalries back in action? Both the President and the Prime Minister belong to the same clan – Rajpoot but they belong to different regions. The Prime Minister comes from Muzaffarabad and the President from Bhimber.
Hitherto Muzaffarabad had lions share of power in AJK, and Bhimber had less influence in politics of the AJK. However Raja Zulqarnain himself is very decent person and very influential; and he is not the kind of person who will back out on matters of principle. Despite that I urge restraint and request them to reach some compromise because open involvement of Pakistan will make matters worse.
Moreover Justice Gilani should withdraw his case from the Pakistani Supreme Court, as this would gradually erode away whatever little independence we have in Azad Kashmir.
Writer is Director Diplomatic Committee of Kashmir National Party, political analyst and author of many books and booklets. Also he is Director Institute of Kashmir Affairs.Email:drshabirchoudhry@gmail.com
To view other articles see my blog: www.drshabirchoudhry.blogspot.com
Dr Shabir Choudhry 09 April 2010
Chief Justice Choudhry Riaz Akhtar may not be the right person to be Chief Justice of Pakistani Administered Kashmir; he may be corrupt too, but is he the only public office holder who is alleged to be corrupt in AJK and in Pakistan. If he is corrupt and inappropriate person for this post then responsibility lies with those who appointed him.
The present Muslim Conference government is after blood of Chief Justice Choudhry Riaz Akhtar, yet it was the Muslim Conference government which appointed him the Chief Justice even though he was junior to Justice Manzoor Gilani.
He was acceptable to them at that time because he, as an Election Commissioner, helped them to win elections in 2006. The Muslim Conference government of the time thought it appropriate to reward him by giving him the top post in the AJK judiciary.
If he was dishonest the ruling party knew that; and many think it was because of this ‘qualification’ he was made an Election Commissioner. The seniority issue also did not concern the Muslim Conference governments as Chief Justice Riaz Akhtar enjoyed his position until he was ‘unconstitutionally’ removed two weeks ago. So what has gone so wrong that the Muslim Conference government is out with knives to hunt Chief Justice Riaz Akhtar?
The Prime Minister of AJK was so angry that on one live TV show he accused Chief Justice Riaz Akhtar of ‘sedition’. The anchor of the programme asked him again on this serious allegation, and again he repeated his allegation and said without being emotional on the issue he thought Chief Justice Riaz Akhtar has committed ‘treachery’.
What treachery did the Chief Justice Choudhry Riaz Akhtar commit? Did he have some secret contacts with India or did he sell some state secrets to enemy country? Answer to the above is he has not done that.
Justice Gilani was not happy that his junior had superseded him and protested against this injustice, but afterwards accepted the de facto change and worked under the new Chief Justice, and the matter was conceived as settled. Then all of sudden Justice Manzoor Gilani after more than 3 years decided to take the matter to the Supreme Court of Pakistan. Question here is what role, if any, the Supreme Court of Pakistan has in matters of Azad Kashmir, which is not part of Pakistan?
Legally and constitutionally Azad Kashmir is not part of Pakistan. Azad Kashmir has its own administrative structure with its own President, its own Prime Minister, its own flag, its own national anthem and its own Supreme Court. And ‘treachery’ of the Chief Justice is to state that fact loudly, which was not liked by those who control this territory as their colony.
On issue of Justice Manzoor Gilani’s appeal to the Supreme Court, Chief Justice Riaz Akhtar questioned the role of the Supreme Court of Pakistan and said they have no right to take a decision related to ‘another country’, which technically Azad Kashmir is.
I am not suggesting that the Chief Justice Riaz Akhtar has become a ‘Kashmiri nationalist’, because anyone with little bit of Kashmiri nationalism would not be allowed to rise up to this status or walk in to corridors of power. However his remarks have upset the Pakistani establishment; and they are the ones who calls shots in the politics of Azad Kashmir.
It is now becoming increasingly clear that a conspiracy was hatched by agencies and the Prime Minister of Azad Kashmir was forced to become their tool to ‘illegally dismiss’ the Chief Justice of Azad Kashmir. With regard to dismissal of judges, the constitution of Azad Kashmir says:
‘A Judge of Supreme Court or of the High Court shall not be removed from office except as provided by this section’. Section 42 E.3
Section 4: If on information received from the Supreme Judicial Council or from any other source, the Chairman of the AJK Council or the President is of the opinion that a judge of the Supreme Court or of the High Court: (A) may be incapable of properly performing the duties of his office by reason of physical or mental incapacity; or (B) may have been guilty of misconduct, the Chairman or the President as the case may be, shall direct the Supreme Judicial Council to inquire in to this matter.’
No one disputes the fact that a Chief Justice or any other Judge could be removed from his office on charges of misconduct or mental incapacity, but for that, proper procedures have to be followed. Perhaps the establishment of Pakistan and government of Azad Kashmir did not trust the President of Azad Kashmir Raja Zulqarnain; and they wanted to strike when he was on a visit to the United Kingdom.
In his absence, the Speaker of the Assembly becomes an Acting President and could exercise the same powers. Now the flaws in the conspiracy drama become too visible. The Prime Minister of Azad Kashmir went to see the Acting President at 11.40 and spoke to him about charges against the incumbent Chief Justice; and at 11.44 the Acting President forwarded the case to the Supreme Judicial Council with 12 pages charge sheet.
This timing is not denied by the Prime Minister of Azad Kashmir in his TV appearance. No human being can listen to the charges of misconduct against the incumbent Chief Justice and prepare a charge sheet in 4 minutes. It is clear that the case was already prepared and they wanted to strike before the President returns to Azad Kashmir.
The law says if the Supreme Judicial Council after investigation is of the opinion that the judge ‘should be removed from the office’ then the ‘Chairman (of Supreme Judicial Council) shall advice the President to remove the judge from his office and the President shall pass orders accordingly’.
However the Supreme Judicial Council should consist of the incumbent Chief Justice, who becomes Chairman of this institution, Chief Justice of High Court and the senior judge of the Supreme Court. The Supreme Judicial Council must not consist of those judges who have serious conflict of interest. After illegal dismissal of the Chief Justice Riaz Akhtar, the present Supreme Judicial Council consist of his rival Justice Gilani and his appointed ad hoc Judge and another Judge.
So one can see there is a clear conflict of interest in this case, and it is complete mockery of the judicial system in Azad Kashmir. However, if the Chief Justice Riaz Akhtar is due to retire in June 2010, then question arises what was the purpose of this drama? If his alleged ‘corruption’ and other ‘misconduct’ was tolerated for so many years then why disgrace him this way now.
Is it that his remarks regarding the role of the Supreme Court of Pakistan have annoyed powerful people? Or are the regional and tribal rivalries back in action? Both the President and the Prime Minister belong to the same clan – Rajpoot but they belong to different regions. The Prime Minister comes from Muzaffarabad and the President from Bhimber.
Hitherto Muzaffarabad had lions share of power in AJK, and Bhimber had less influence in politics of the AJK. However Raja Zulqarnain himself is very decent person and very influential; and he is not the kind of person who will back out on matters of principle. Despite that I urge restraint and request them to reach some compromise because open involvement of Pakistan will make matters worse.
Moreover Justice Gilani should withdraw his case from the Pakistani Supreme Court, as this would gradually erode away whatever little independence we have in Azad Kashmir.
Writer is Director Diplomatic Committee of Kashmir National Party, political analyst and author of many books and booklets. Also he is Director Institute of Kashmir Affairs.Email:drshabirchoudhry@gmail.com
To view other articles see my blog: www.drshabirchoudhry.blogspot.com
Gilgit Baltistan past, present and future
Gilgit Baltistan past present and future
Presentation by Dr Shabir Choudhry in a Debate on Gilgit Baltistan arranged by Baroness Emma Nicholson in House of Lords on 7 April 2010.
In name of Allah I begin.
Madam Chair, friends and colleagues Aslamo alaykam and good morning.
Acknowledgment
Indeed it is an honour to be here and make a presentation on a topic of Gilgit Baltistan. But before I start my presentation I want to thank Baroness Emma Nicholson and her staff for vigorously working to promote rights of people of Jammu and Kashmir, and especially for the rights of people of Gilgit Baltistan.
Whatever little rights have been given to people of Gilgit Baltistan in Empowerment and Self-Governance Order, 2009, we feel that is because of the pressure generated by the EU Kashmir Report which was passed by overwhelming majority by the EU Parliament in 2007. Baroness Emma Nicholson authored that report and played a key role in getting it through all stages in the EU Parliament.
Location of Gilgit Baltistan
Areas of Gilgit Baltistan are approximately 72,496 square kilometres; and are strategically very important and full of natural resources. This is where South, Central and East Asia converge. It is at the crossroads of three great civilizations and was traditionally a gateway for both India and China to Central Asia and beyond, in to the heart of Europe. This is old trading route known as the Silk Route which contributed enormously to the wealth of so many countries and brought different civilizations closer to each other.
With time strategic importance of these areas has increased. Apart from India and Pakistan, other countries like China, Afghanistan, Central Asian States, Iran, Russia and America also have keen interest in these areas.
Constitutional status of Gilgit Baltistan
Constitutionally and historically areas of Gilgit Baltistan are part of former Princely State of Jammu and Kashmir. The State, as we know, is disputed and its future is yet to be determined by the people of Jammu and Kashmir.
This pre partition map of South Asia shows the State of Jammu and Kashmir at the top, and areas of Gilgit Baltistan are shown as part of Kashmir.
Map of Indian Sub Continent after the partition
Even in this map of the region clearly shows the area of Gilgit Baltistan as part of Pakistan.
These maps clearly show that areas of Gilgit Baltistan are part of State of Jammu and Kashmir
File:Un-kashmir-jammu.png
File:Un-kashmir-jammu.png
Present day division of Jammu and Kashmir
Map of Jammu Kashmir
Map of Gilgit Baltistan
Apart from these maps the UN Resolutions on Kashmir clearly show that areas of Gilgit Baltistan are part of the State.
Karachi Agreement
Furthermore the Karachi Agreement of 28 April 1949 (which was signed by Nawab Mushtaq Gurmani a Minister of Pakistan and the ‘President’ of ‘Azad Kashmir’, Sardar Mohammed Ibrahim Khan, and President of the All Jammu and Kashmir Muslim Conference, Chaudhary Ghulam Abbas), a copy which is distributed to you, clearly shows that these areas are part of the State of Jammu and Kashmir.
Pakistan China Agreement
Also Pakistan signed an agreement with Republic of China on 2 March 1963, in which Pakistan gifted away around 2200 square miles of our territory to China which helped them to start a new era of friendship. In article 6 of this agreement Pakistan acknowledged that the sovereignty of the region did not rest with Pakistan. The agreement reads and I quote:
‘The two parties have agreed that after the settlement of the Kashmir dispute between Pakistan and India, the sovereign authority concerned will reopen negotiations with the Government of the People’s Republic of China on the boundary as described in Article Two of the present agreement, so as to sign a formal boundary treaty to replace the present agreement, provided that in the event of the sovereign authority being Pakistan, the provisions of the present agreement and of the aforesaid protocol shall be maintained in the formal boundary treaty to be signed between the People’s Republic of China and Pakistan.’ Unquote
UNCIP Resolution of 13 August 1948
A.
1. As, the presence of troops of Pakistan in the territory of the State of Jammu and Kashmir constitutes a material change in the situation since it was represented by the Government of Pakistan before the Security Council, the Government of Pakistan agrees to withdraw its troops from that State.
2. The Government of Pakistan will use its best endeavour to secure the withdrawal from the State of Jammu and Kashmir of tribesmen and Pakistani nationals not normally resident therein who have entered the State for the purpose of fighting.
3. Pending a final solution, the Territory evacuated by the Pakistani troops will be administered by the local authorities under the surveillance of the commission.
Districts
The areas of Gilgit Baltistan are split in to five districts:
Gilgit,
Ghizar,
Diamar,
Sakardu
and Ghanche.
Ethnic Groups
About 2 million inhabits live in these vast areas and the ethnic groups are:
Baltees,
Vashkuns,
Mughals,
Kashmiris,
Pathans,
Ladakhis and
Turks,
These people speak the following languages:
Balti,
Shina,
Brushaski,
Khawer,
Wakhi,
Turki,
Tibeti,
Pushto and Urdu.
The sect-wise breakdown of population in the Northern Areas is:
Gilgit
45 % Shia
40 % Sunni
15 % Ismailia
Baltistan
85 % Shia
10 % Sunni
5 % Noorbakhshi
Diamer (Including Dare Tangir)
100 % Sunni
Astore
75 % Sunni
25 % Shia
Hunza-Nagar
50 % Shia
50% Ismaila
Ghizer (Punial,Gopis,Ishkoman,Yasin)
85 % Ismailia
Ghanche
85 % Noorbakhshi
10 % Sunni
5 % Shia
Struggle is not religious
The above religious divide is important for people to understand, as some people want to present the struggle as a religious one; and they want to impose a decision in name of the religion.
In my view it is a recipe for a division of the State on communal lines, which will be disastrous for the entire region.
Supreme Court of Pakistan and Gilgit Baltistan
Supreme Court of Pakistan has issued various judgements regarding areas of Gilgit Baltistan. I will mention only two here.
• During the hearing of the Indian plane (Ganga) hijacking case started in 1971 and ended on 17 May, 1973, the Attorney General of Pakistan admitted before the Supreme Court of Pakistan that: “No given part of the state of Jammu and Kashmir can decide on its own, to join either Pakistan or India”.
• The Supreme Court of Pakistan in Habib Wahab al-Khairi case on May 28, 1999, ordered the government of Pakistan: that Northern Areas were constitutional part of the state of Jammu and Kashmir. The government of Pakistan should ensure that basic human rights and other political and administrative institutions are provided in the areas within six months. However, the action should not adversely affect Pakistan’s stand concerning the Kashmir dispute.
Preamble to Constitution of Pakistan 1973 says:
‘Therein shall be guaranteed fundamental rights, including equality of status, of opportunity and before law, social, economic and political justice, and freedom of thought, expression, belief, faith, worship and association, subject to law and public morality;
Wherein adequate provision shall be made to safeguard the legitimate interests of minorities and backward and depressed classes;
Wherein the independence of the judiciary shall be fully secured;
Wherein the integrity of the territories of the Federation, its independence and all its rights, including its sovereign rights on land, sea and air, shall be safeguarded;’
All that is good on paper, as we know what rights and protections are available to people of Pakistan, people of Gilgit Baltistan and Pakistani Administered Kashmir. Also we know government of Pakistan has great experience in avoid implementation of Court orders.
Gilgit Baltistan (Empowerment and Self-Governance) Order, 2009.
On 9th September, 2009 the government of Pakistan issued a new Package for Gilgit Baltistran. In line with its past practise regarding Gilgit Baltistan, the government of Pakistan did not feel important to consult anyone from this area. They did not even consult their appointed Chief Executive or any other member of the Northern Areas Legislative Assembly.
Many people of the area feel in name of ‘empowering people’ the government of Pakistan wants to annex these areas, just like they annexed state of Chitral. Chitral is now part of Malakand Division which is part of Pakistan, just like Swat and Dir.
However in 1878 the Ruler of Chitral known as Mahtar had acknowledged the suzerainty of the Maharaja of Jammu and Kashmir, and through him to the British Crown. Thus Chitral was legally part of the State of Jammu and Kashmir; and government of Pakistan did not show Chitral as part of Pakistan in the Constitutions of 1956 or in 1962. But in the 1973 Constitution of Pakistan declared Chitral as one of its territory.
We oppose this ordinance because:
• This act of Pakistan is in clear violation of its obligations under the UNCIP Resolutions;
• It is against Pakistan’s previous stand on Jammu and Kashmir;
• It is against previous decisions of Pakistani Supreme Court;
• It is against Pakistan’s bilateral agreements with India according to which no country can unilaterally change status of any part of Jammu and Kashmir;
• It is against article 257 of Constitution of Pakistan, which reads:
Article 257 of Constitution of Pakistan
When the people of the State of Jammu and Kashmir decide to accede to Pakistan, the relationship between Pakistan and the State shall be determined in accordance with the wishes of the people of that State.
We fear Pakistani government:
Could do same to Gilgit Baltistan what they did to Chitral;
And in this regard some suggestions have been made to government of Pakistan by Basil Nabi Malik in his article:
‘The Constitutional Dilemma of the Northern Areas of Pakistan, and I quote:
1. ‘Pakistan could resolve this constitutional dilemma….by giving the Northern Areas representation in the National Assembly and in the Constitution, subject to alterations upon the final settlement of the Kashmir dispute
2. Unilaterally accepting the Northern Areas as the fifth province of Pakistan by including a sentence stating that “the Northern Areas shall be the fifth province of Pakistan for administrative purposes, until the complete resolution of the Kashmir dispute”,
3. On the basis of this (right of self determination) Pakistan may initiate a referendum in the Northern Areas in order to ascertain whether they would prefer to exist as a region of Kashmir or as a separate autonomous region’. Unquote
4. We fear that Pakistan can ask its puppet assembly in Gilgit Baltistan to declare accession of these areas with Pakistan or hold a referendum and manipulate the outcome.
Challenge to Gilgit Baltistan Ordinance
In view of the above and many other reasons we thought to challenge Ordinance on Gilgit Baltistan in Supreme Court of Pakistan. For this Kashmir National Party in ----consultation with our ally in the area, Shafqat Inquilabi, a leader of the Balawaristan National Front filed a case, a copy of which has been circulated to you.
The case has been filed and we are waiting for the Supreme Court to constitute a bench to hear the case. We understand judiciary in Pakistan is independent; and we hope that they will provide fair hearing to this case and provide justice to more than two million inhabitants of the area.
Policy of intimidation
We also hope that the Supreme Court will be able to provide protection to Shafqat Inquilabi who is subject to intimidation and harassment ever since he filed this case.
We fear for his life and for safety and well being of his family.
I hope human rights organisations and the international community will help us to get our fundamental rights and right of self determination.
Madam Chair and respected audience I thank you for your patience.
Presentation by Dr Shabir Choudhry in a Debate on Gilgit Baltistan arranged by Baroness Emma Nicholson in House of Lords on 7 April 2010.
In name of Allah I begin.
Madam Chair, friends and colleagues Aslamo alaykam and good morning.
Acknowledgment
Indeed it is an honour to be here and make a presentation on a topic of Gilgit Baltistan. But before I start my presentation I want to thank Baroness Emma Nicholson and her staff for vigorously working to promote rights of people of Jammu and Kashmir, and especially for the rights of people of Gilgit Baltistan.
Whatever little rights have been given to people of Gilgit Baltistan in Empowerment and Self-Governance Order, 2009, we feel that is because of the pressure generated by the EU Kashmir Report which was passed by overwhelming majority by the EU Parliament in 2007. Baroness Emma Nicholson authored that report and played a key role in getting it through all stages in the EU Parliament.
Location of Gilgit Baltistan
Areas of Gilgit Baltistan are approximately 72,496 square kilometres; and are strategically very important and full of natural resources. This is where South, Central and East Asia converge. It is at the crossroads of three great civilizations and was traditionally a gateway for both India and China to Central Asia and beyond, in to the heart of Europe. This is old trading route known as the Silk Route which contributed enormously to the wealth of so many countries and brought different civilizations closer to each other.
With time strategic importance of these areas has increased. Apart from India and Pakistan, other countries like China, Afghanistan, Central Asian States, Iran, Russia and America also have keen interest in these areas.
Constitutional status of Gilgit Baltistan
Constitutionally and historically areas of Gilgit Baltistan are part of former Princely State of Jammu and Kashmir. The State, as we know, is disputed and its future is yet to be determined by the people of Jammu and Kashmir.
This pre partition map of South Asia shows the State of Jammu and Kashmir at the top, and areas of Gilgit Baltistan are shown as part of Kashmir.
Map of Indian Sub Continent after the partition
Even in this map of the region clearly shows the area of Gilgit Baltistan as part of Pakistan.
These maps clearly show that areas of Gilgit Baltistan are part of State of Jammu and Kashmir
File:Un-kashmir-jammu.png
File:Un-kashmir-jammu.png
Present day division of Jammu and Kashmir
Map of Jammu Kashmir
Map of Gilgit Baltistan
Apart from these maps the UN Resolutions on Kashmir clearly show that areas of Gilgit Baltistan are part of the State.
Karachi Agreement
Furthermore the Karachi Agreement of 28 April 1949 (which was signed by Nawab Mushtaq Gurmani a Minister of Pakistan and the ‘President’ of ‘Azad Kashmir’, Sardar Mohammed Ibrahim Khan, and President of the All Jammu and Kashmir Muslim Conference, Chaudhary Ghulam Abbas), a copy which is distributed to you, clearly shows that these areas are part of the State of Jammu and Kashmir.
Pakistan China Agreement
Also Pakistan signed an agreement with Republic of China on 2 March 1963, in which Pakistan gifted away around 2200 square miles of our territory to China which helped them to start a new era of friendship. In article 6 of this agreement Pakistan acknowledged that the sovereignty of the region did not rest with Pakistan. The agreement reads and I quote:
‘The two parties have agreed that after the settlement of the Kashmir dispute between Pakistan and India, the sovereign authority concerned will reopen negotiations with the Government of the People’s Republic of China on the boundary as described in Article Two of the present agreement, so as to sign a formal boundary treaty to replace the present agreement, provided that in the event of the sovereign authority being Pakistan, the provisions of the present agreement and of the aforesaid protocol shall be maintained in the formal boundary treaty to be signed between the People’s Republic of China and Pakistan.’ Unquote
UNCIP Resolution of 13 August 1948
A.
1. As, the presence of troops of Pakistan in the territory of the State of Jammu and Kashmir constitutes a material change in the situation since it was represented by the Government of Pakistan before the Security Council, the Government of Pakistan agrees to withdraw its troops from that State.
2. The Government of Pakistan will use its best endeavour to secure the withdrawal from the State of Jammu and Kashmir of tribesmen and Pakistani nationals not normally resident therein who have entered the State for the purpose of fighting.
3. Pending a final solution, the Territory evacuated by the Pakistani troops will be administered by the local authorities under the surveillance of the commission.
Districts
The areas of Gilgit Baltistan are split in to five districts:
Gilgit,
Ghizar,
Diamar,
Sakardu
and Ghanche.
Ethnic Groups
About 2 million inhabits live in these vast areas and the ethnic groups are:
Baltees,
Vashkuns,
Mughals,
Kashmiris,
Pathans,
Ladakhis and
Turks,
These people speak the following languages:
Balti,
Shina,
Brushaski,
Khawer,
Wakhi,
Turki,
Tibeti,
Pushto and Urdu.
The sect-wise breakdown of population in the Northern Areas is:
Gilgit
45 % Shia
40 % Sunni
15 % Ismailia
Baltistan
85 % Shia
10 % Sunni
5 % Noorbakhshi
Diamer (Including Dare Tangir)
100 % Sunni
Astore
75 % Sunni
25 % Shia
Hunza-Nagar
50 % Shia
50% Ismaila
Ghizer (Punial,Gopis,Ishkoman,Yasin)
85 % Ismailia
Ghanche
85 % Noorbakhshi
10 % Sunni
5 % Shia
Struggle is not religious
The above religious divide is important for people to understand, as some people want to present the struggle as a religious one; and they want to impose a decision in name of the religion.
In my view it is a recipe for a division of the State on communal lines, which will be disastrous for the entire region.
Supreme Court of Pakistan and Gilgit Baltistan
Supreme Court of Pakistan has issued various judgements regarding areas of Gilgit Baltistan. I will mention only two here.
• During the hearing of the Indian plane (Ganga) hijacking case started in 1971 and ended on 17 May, 1973, the Attorney General of Pakistan admitted before the Supreme Court of Pakistan that: “No given part of the state of Jammu and Kashmir can decide on its own, to join either Pakistan or India”.
• The Supreme Court of Pakistan in Habib Wahab al-Khairi case on May 28, 1999, ordered the government of Pakistan: that Northern Areas were constitutional part of the state of Jammu and Kashmir. The government of Pakistan should ensure that basic human rights and other political and administrative institutions are provided in the areas within six months. However, the action should not adversely affect Pakistan’s stand concerning the Kashmir dispute.
Preamble to Constitution of Pakistan 1973 says:
‘Therein shall be guaranteed fundamental rights, including equality of status, of opportunity and before law, social, economic and political justice, and freedom of thought, expression, belief, faith, worship and association, subject to law and public morality;
Wherein adequate provision shall be made to safeguard the legitimate interests of minorities and backward and depressed classes;
Wherein the independence of the judiciary shall be fully secured;
Wherein the integrity of the territories of the Federation, its independence and all its rights, including its sovereign rights on land, sea and air, shall be safeguarded;’
All that is good on paper, as we know what rights and protections are available to people of Pakistan, people of Gilgit Baltistan and Pakistani Administered Kashmir. Also we know government of Pakistan has great experience in avoid implementation of Court orders.
Gilgit Baltistan (Empowerment and Self-Governance) Order, 2009.
On 9th September, 2009 the government of Pakistan issued a new Package for Gilgit Baltistran. In line with its past practise regarding Gilgit Baltistan, the government of Pakistan did not feel important to consult anyone from this area. They did not even consult their appointed Chief Executive or any other member of the Northern Areas Legislative Assembly.
Many people of the area feel in name of ‘empowering people’ the government of Pakistan wants to annex these areas, just like they annexed state of Chitral. Chitral is now part of Malakand Division which is part of Pakistan, just like Swat and Dir.
However in 1878 the Ruler of Chitral known as Mahtar had acknowledged the suzerainty of the Maharaja of Jammu and Kashmir, and through him to the British Crown. Thus Chitral was legally part of the State of Jammu and Kashmir; and government of Pakistan did not show Chitral as part of Pakistan in the Constitutions of 1956 or in 1962. But in the 1973 Constitution of Pakistan declared Chitral as one of its territory.
We oppose this ordinance because:
• This act of Pakistan is in clear violation of its obligations under the UNCIP Resolutions;
• It is against Pakistan’s previous stand on Jammu and Kashmir;
• It is against previous decisions of Pakistani Supreme Court;
• It is against Pakistan’s bilateral agreements with India according to which no country can unilaterally change status of any part of Jammu and Kashmir;
• It is against article 257 of Constitution of Pakistan, which reads:
Article 257 of Constitution of Pakistan
When the people of the State of Jammu and Kashmir decide to accede to Pakistan, the relationship between Pakistan and the State shall be determined in accordance with the wishes of the people of that State.
We fear Pakistani government:
Could do same to Gilgit Baltistan what they did to Chitral;
And in this regard some suggestions have been made to government of Pakistan by Basil Nabi Malik in his article:
‘The Constitutional Dilemma of the Northern Areas of Pakistan, and I quote:
1. ‘Pakistan could resolve this constitutional dilemma….by giving the Northern Areas representation in the National Assembly and in the Constitution, subject to alterations upon the final settlement of the Kashmir dispute
2. Unilaterally accepting the Northern Areas as the fifth province of Pakistan by including a sentence stating that “the Northern Areas shall be the fifth province of Pakistan for administrative purposes, until the complete resolution of the Kashmir dispute”,
3. On the basis of this (right of self determination) Pakistan may initiate a referendum in the Northern Areas in order to ascertain whether they would prefer to exist as a region of Kashmir or as a separate autonomous region’. Unquote
4. We fear that Pakistan can ask its puppet assembly in Gilgit Baltistan to declare accession of these areas with Pakistan or hold a referendum and manipulate the outcome.
Challenge to Gilgit Baltistan Ordinance
In view of the above and many other reasons we thought to challenge Ordinance on Gilgit Baltistan in Supreme Court of Pakistan. For this Kashmir National Party in ----consultation with our ally in the area, Shafqat Inquilabi, a leader of the Balawaristan National Front filed a case, a copy of which has been circulated to you.
The case has been filed and we are waiting for the Supreme Court to constitute a bench to hear the case. We understand judiciary in Pakistan is independent; and we hope that they will provide fair hearing to this case and provide justice to more than two million inhabitants of the area.
Policy of intimidation
We also hope that the Supreme Court will be able to provide protection to Shafqat Inquilabi who is subject to intimidation and harassment ever since he filed this case.
We fear for his life and for safety and well being of his family.
I hope human rights organisations and the international community will help us to get our fundamental rights and right of self determination.
Madam Chair and respected audience I thank you for your patience.
Wednesday, 31 March 2010
Article by Hamid Mir
Apology Day for Pakistanis
Tuesday March 30 2010 21:26:03 PM BDT
By Hamid Mir, Pakistan
SOME people hate me a lot in Pakistan. They hate me because I said sorry to Bengalis two years ago in Islamabad Press Club for the atrocities committed by Pakistan Army in 1971.They hate me because I also demanded an official apology from the government of Pakistan to the people of Bangladesh for the genocide of March 1971.They say I don’t know anything. They say I am not a good Pakistani.
They say I was very young in 1971 and I am not aware about the truth. When I say yes I was only a young schoolgoing boy in 1971 but I heard and read a lot about the genocide. How can I deny my late father, Professor Waris Mir, who visited Dhaka in October 1971 with a delegation of Punjab University students? My father was a teacher of journalism in Punjab University, Lahore. He was asked by the University administration to organise a visit of the student’s union office bearers to Turkey, but he took the boys to Dhaka with their consent. They wanted to know what was actually going on in Dhaka.
I still remember that when my father came back from Dhaka he wept for many days. He told us stories of bloodshed. These stories were similar to the story of my mother. My mother lost her whole family during migration from Jammu to Pakistan in 1947.Her brothers were killed by the Hindus and Sikhs in front of her eyes. Her mother was kidnapped. She saved her life by hiding under the dead bodies of her own relatives. I remember that my mother cried a lot when my father told her that Pakistan army officers raped many Bengali women. My mother said: “We made sacrifices for the safety of our honour but why we are dishonouring each other today?”
My father always said that Bengalis made Pakistan and we Punjabis broke Pakistan. Once he said that March 23rd was Pakistan Day, March 26th should be the apology day and December 16th should be the accountability day. I started understanding the thoughts of my late father when I became a journalist in 1987.
When I first read the Hamoodur Rehman Commission Report I felt ashamed. This report of a Pakistani commission admitted murder and rape but, despite this documentary evidence, many people still live in a state of denial. They say Sheikh Mujib was a traitor who created Mukti Bahini with the help of India and killed many innocent Punjabis and Beharis. I say that Sheikh Mujib was a worker of the Pakistan movement, he was a supporter of Fatima Jinnah (sister of Muhammad Ali Jinnah) till 1966.He only demanded provincial autonomy but military rulers declared him a traitor. In fact, these military rulers were traitors because their troops raped their own mothers and sisters. They say I am a liar and an enemy of Pakistan. How could I be an enemy of Pakistan? My mother sacrificed her whole family for Pakistan. My problem is that I cannot deny truth.
A senior colleague of mine, Afzal Khan, is still alive. He is 73 years old. He worked with Associated Press of Pakistan (APP), and was secretary general of the Pakistan Federal Union of Journalists (PFUJ) from 1980 to 1985. He was sent to Dhaka on March 28, 1971 for the coverage of the army operation. He told me many times that yes Mukti Bahini killed a lot of innocent people but what the Pakistan army did was not the job of a national army. Once he was staying in Ispahani House in Khulna. An army major once offered him a girl to spend a night with. When Afzal Khan asked who the girl was, the major said that she was the daughter of a local police officer and she could come to Ispahani House at gun-point. After this incident Afzal Khan came back to Lahore in May 1971. He says that all those who were responsible for the rape and genocide of Bengalis never enjoyed any respect in Pakistan.
The name of General Yahya Khan is still like an abuse in Pakistan. His son Ali Yahya always tries to hide from people. General Tikka Khan is still remembered as the “butcher of Bengal.” General A.A.K. Niazi wanted to become “tiger of Bengal” but is remembered as “jackal of Bengal.” The majority of Pakistanis hate all those who were responsible for the genocide of their Bengali brothers. That is the reason the family members of these army officers don’t even mention publicly that who their fathers were.
But still there are some people who are not ready to admit their blunders. These people are a minority but they are powerful. I consider them enemies of the Pakistan for which my mother sacrificed her family. Why should we defend these enemies? Why doesn’t our democratic government officially apologise to Bengalis? This apology will not weaken Pakistan. It will strengthen Pakistan.
I am sure that Pakistan is changing fast. A day will come very soon when the government of Pakistan will officially say sorry to Bengalis and March 26th will become an apology day for patriotic Pakistanis. I want this apology because Bengalis created Pakistan. I want this apology because Bengalis supported the sister of Jinnah against General Ayub Khan. I wants this apology because I want to make a new relationship with the people of Bangladesh. I don’t want to live with my dirty past. I want to live in a neat and clean future. I want a bright future not only for Pakistan but also for Bangladesh. I want this apology because I love Pakistan and I love Bangladesh. Happy Independence Day to my Bangladeshi brothers and sisters.
----------------------------------
Hamid Mir is Executive Editor of Geo TV in Islamabad. He will receive Saarc Lifetime Achievement Award on March 26th in the Saarc Writers’ Conference in Delhi. Email: hamid.mir@geo.tv
Tuesday March 30 2010 21:26:03 PM BDT
By Hamid Mir, Pakistan
SOME people hate me a lot in Pakistan. They hate me because I said sorry to Bengalis two years ago in Islamabad Press Club for the atrocities committed by Pakistan Army in 1971.They hate me because I also demanded an official apology from the government of Pakistan to the people of Bangladesh for the genocide of March 1971.They say I don’t know anything. They say I am not a good Pakistani.
They say I was very young in 1971 and I am not aware about the truth. When I say yes I was only a young schoolgoing boy in 1971 but I heard and read a lot about the genocide. How can I deny my late father, Professor Waris Mir, who visited Dhaka in October 1971 with a delegation of Punjab University students? My father was a teacher of journalism in Punjab University, Lahore. He was asked by the University administration to organise a visit of the student’s union office bearers to Turkey, but he took the boys to Dhaka with their consent. They wanted to know what was actually going on in Dhaka.
I still remember that when my father came back from Dhaka he wept for many days. He told us stories of bloodshed. These stories were similar to the story of my mother. My mother lost her whole family during migration from Jammu to Pakistan in 1947.Her brothers were killed by the Hindus and Sikhs in front of her eyes. Her mother was kidnapped. She saved her life by hiding under the dead bodies of her own relatives. I remember that my mother cried a lot when my father told her that Pakistan army officers raped many Bengali women. My mother said: “We made sacrifices for the safety of our honour but why we are dishonouring each other today?”
My father always said that Bengalis made Pakistan and we Punjabis broke Pakistan. Once he said that March 23rd was Pakistan Day, March 26th should be the apology day and December 16th should be the accountability day. I started understanding the thoughts of my late father when I became a journalist in 1987.
When I first read the Hamoodur Rehman Commission Report I felt ashamed. This report of a Pakistani commission admitted murder and rape but, despite this documentary evidence, many people still live in a state of denial. They say Sheikh Mujib was a traitor who created Mukti Bahini with the help of India and killed many innocent Punjabis and Beharis. I say that Sheikh Mujib was a worker of the Pakistan movement, he was a supporter of Fatima Jinnah (sister of Muhammad Ali Jinnah) till 1966.He only demanded provincial autonomy but military rulers declared him a traitor. In fact, these military rulers were traitors because their troops raped their own mothers and sisters. They say I am a liar and an enemy of Pakistan. How could I be an enemy of Pakistan? My mother sacrificed her whole family for Pakistan. My problem is that I cannot deny truth.
A senior colleague of mine, Afzal Khan, is still alive. He is 73 years old. He worked with Associated Press of Pakistan (APP), and was secretary general of the Pakistan Federal Union of Journalists (PFUJ) from 1980 to 1985. He was sent to Dhaka on March 28, 1971 for the coverage of the army operation. He told me many times that yes Mukti Bahini killed a lot of innocent people but what the Pakistan army did was not the job of a national army. Once he was staying in Ispahani House in Khulna. An army major once offered him a girl to spend a night with. When Afzal Khan asked who the girl was, the major said that she was the daughter of a local police officer and she could come to Ispahani House at gun-point. After this incident Afzal Khan came back to Lahore in May 1971. He says that all those who were responsible for the rape and genocide of Bengalis never enjoyed any respect in Pakistan.
The name of General Yahya Khan is still like an abuse in Pakistan. His son Ali Yahya always tries to hide from people. General Tikka Khan is still remembered as the “butcher of Bengal.” General A.A.K. Niazi wanted to become “tiger of Bengal” but is remembered as “jackal of Bengal.” The majority of Pakistanis hate all those who were responsible for the genocide of their Bengali brothers. That is the reason the family members of these army officers don’t even mention publicly that who their fathers were.
But still there are some people who are not ready to admit their blunders. These people are a minority but they are powerful. I consider them enemies of the Pakistan for which my mother sacrificed her family. Why should we defend these enemies? Why doesn’t our democratic government officially apologise to Bengalis? This apology will not weaken Pakistan. It will strengthen Pakistan.
I am sure that Pakistan is changing fast. A day will come very soon when the government of Pakistan will officially say sorry to Bengalis and March 26th will become an apology day for patriotic Pakistanis. I want this apology because Bengalis created Pakistan. I want this apology because Bengalis supported the sister of Jinnah against General Ayub Khan. I wants this apology because I want to make a new relationship with the people of Bangladesh. I don’t want to live with my dirty past. I want to live in a neat and clean future. I want a bright future not only for Pakistan but also for Bangladesh. I want this apology because I love Pakistan and I love Bangladesh. Happy Independence Day to my Bangladeshi brothers and sisters.
----------------------------------
Hamid Mir is Executive Editor of Geo TV in Islamabad. He will receive Saarc Lifetime Achievement Award on March 26th in the Saarc Writers’ Conference in Delhi. Email: hamid.mir@geo.tv
Saturday, 27 March 2010
KNP strongly condemn police brutality in Mirpur and Rawalakot
KNP strongly condemn police brutality in Mirpur and Rawalakot
Dr Shabir Choudhry London 27 March 2010
According to reports emanating from Rawalakot in Pakistani Administered Kashmir, ‘Pakistani Law Enforcement Agencies opened indiscriminate firing against peaceful protesters in Rawalakot City’.
People were protesting against continued load shedding of electricity in whole of Pakistani Administered Kashmir. Last week people of Mirpur protested in thousands and faced the brutality of the Punjab Constabulary. Their demand was simple: they wanted electricity. They said Mangla dam, which is constructed by drowning city of Mirpur, produces around 1000 mgw electricity, whereas the requirement of entire Pakistani Administered Kashmir is around 150 mgw.
Instead of giving them electricity Punjab Constabulary mercilessly manhandled them and tortured them, which resulted in injury of more than 40 innocent citizens. Despite that brave action of the citizens, WAPDA, a Pakistani institution has agreed to give electricity to Mirpur for only 12 hours. That means the electricity will be disconnected after every one hour, making life hell for the people when temperature is already hovering around 40.
Today it was turn of citizens of Rawalakot. Their demand for electricity was responded by police lathi charge (stick beating) and shelling which resulted in injury of 7 people. The injured people were taken to local hospital, whereas the demonstration still continues and could result in injury of more innocent people.
It is very sad. People are denied of their basic rights, and when they protest they are declared as agents of India and badly treated. I hope these incidents will open eyes of some pro Pakistan Kashmiris. They need to understand that Pakistani agencies and para military forces are ‘just as good’ as Indian when it comes to beating people when orderes are given.
We need to remember that these people were not shouting slogans of freedom or holding guns in their hands; or using guns provided by Pakistan's enemy; they are simply asking for electricity.
Just imagine how they would have reacted if people of Pakistani Administered Kashmir had borrowed a gun from India and used it against Pakistan; just like people of Indian Administered Kashmir borrowed a gun from Pakistan and used it against India. We need to put things in perspective when making decisions. We have to accept that we are occupied and human rights violations take place on both sides of the LOC.
We citizens of divided Jammu and Kashmir must oppose human rights violations and struggle for unification and independence of the State according to our local conditions. Those who are telling us to liberate the Indian side of Kashmir first, are not sincere and are only advancing the agenda of Pakistan. END
Email: drshabirchoudhry@gmail.com Tel. 0044(0)7790942471
Dr Shabir Choudhry London 27 March 2010
According to reports emanating from Rawalakot in Pakistani Administered Kashmir, ‘Pakistani Law Enforcement Agencies opened indiscriminate firing against peaceful protesters in Rawalakot City’.
People were protesting against continued load shedding of electricity in whole of Pakistani Administered Kashmir. Last week people of Mirpur protested in thousands and faced the brutality of the Punjab Constabulary. Their demand was simple: they wanted electricity. They said Mangla dam, which is constructed by drowning city of Mirpur, produces around 1000 mgw electricity, whereas the requirement of entire Pakistani Administered Kashmir is around 150 mgw.
Instead of giving them electricity Punjab Constabulary mercilessly manhandled them and tortured them, which resulted in injury of more than 40 innocent citizens. Despite that brave action of the citizens, WAPDA, a Pakistani institution has agreed to give electricity to Mirpur for only 12 hours. That means the electricity will be disconnected after every one hour, making life hell for the people when temperature is already hovering around 40.
Today it was turn of citizens of Rawalakot. Their demand for electricity was responded by police lathi charge (stick beating) and shelling which resulted in injury of 7 people. The injured people were taken to local hospital, whereas the demonstration still continues and could result in injury of more innocent people.
It is very sad. People are denied of their basic rights, and when they protest they are declared as agents of India and badly treated. I hope these incidents will open eyes of some pro Pakistan Kashmiris. They need to understand that Pakistani agencies and para military forces are ‘just as good’ as Indian when it comes to beating people when orderes are given.
We need to remember that these people were not shouting slogans of freedom or holding guns in their hands; or using guns provided by Pakistan's enemy; they are simply asking for electricity.
Just imagine how they would have reacted if people of Pakistani Administered Kashmir had borrowed a gun from India and used it against Pakistan; just like people of Indian Administered Kashmir borrowed a gun from Pakistan and used it against India. We need to put things in perspective when making decisions. We have to accept that we are occupied and human rights violations take place on both sides of the LOC.
We citizens of divided Jammu and Kashmir must oppose human rights violations and struggle for unification and independence of the State according to our local conditions. Those who are telling us to liberate the Indian side of Kashmir first, are not sincere and are only advancing the agenda of Pakistan. END
Email: drshabirchoudhry@gmail.com Tel. 0044(0)7790942471
Thursday, 25 March 2010
My response to a Pakistani critic
Aslamo alaykam Bhai Sahib
1. I don’t know what to call you – teddy bear can’t be your name.
2. Anyhow I didn’t mean to cause any offence to you or anyone else. I can’t see any cause of offence, as I have only stated some facts. You have every right to disagree with what I have said, but remember we don’t always like what we see in the mirror.
3. Please get your facts right, the tribesmen did not go to J&K to ‘liberate’ us they were sent to grab Kashmir and punish the Maharaja who refused to join Pakistan; and they were told to loot and plunder the J&K. They killed, looted and raped women, Muslims and non Muslims. There is ample evidence on this, and some of it written by some honest Pakistani writers as well. I am also attaching something for your consideration.
4. With regard to 1965, again get your facts right. It is proved beyond any doubt that Operation Gibraltar was not carried out to liberate Kashmiris. I will attach a paper for your information.
5. If it was not for Pakistan we would have been independent state. It was the tribal invasion planned and supported by Pakistan which forced the Maharaja to seek help from India, hence the forced division and all the problems we face on both sides of the divide.
6. Furthermore it was Pakistani officials who complicated the matter by making it a bilateral dispute rather than an issue of right of self determination. It was they who changed the name from Kashmir issue to India and Pakistan dispute. It was Pakistani officials who suggested changes to the first UNCIP Resolution and limited Kashmiri peoples right of self determination to accession to either India or Pakistan. It was Pakistan who signed Tashkant and Shimla Pacts and practically made the Kashmir dispute a bilateral issue - and now issue of water.
7. Pakistani governments have been exploiting our resources since 1947, our hard earned foreign exchange is also used by your government; and you are not happy if our people are working in your cities. If we become independent and we have sincere leadership there, not like what Pakistan have, then it would be people from other countries including Pakistan coming to work in J&K. Even now do you know how many Pakistani people live in Gilgit Baltistan and exploit our resources? Above all in clear violation of State Subject Law they have purchased land there.
8. Do you know how many countries are there in the world without ports, so please don’t give me that?
9. As for Pakistani passport is concerned it is only a travelling document; and under the international law it is Pakistan’s obligation, but that doesn’t changes our status; as it doesn’t change status of Palestinians. Those Palestinians who live in Syria they hold Syrian passport and those who live in Egypt they hold Egyptian passport so on and so forth.
10. By the way do you know many Pakistanis living abroad, when asked do not tell others that they are from Pakistan? Does that mean anything to you?
11. If you leave our country I am sure we will be able to make a passport – it is not a rocket science. But do you think your army will leave AJK and Gilgit Baltistan – never willingly. Do you know how many millions your army is making from the resources of Neelam valley alone? I suggest you visit the area and see the plight of the people and see how the army and timber mafia and mafia associated with precious stones are exploiting the area and puppets of Muzaffarabad have no say in these matters.
12. During the time when Kashmir was independent people used to come from undivided India, Tibet, China and other countries to study there. I don’t think Pakistani education has much credibility. Once independent we can set up our own institutions, and I assure you that we will also care for educational needs of our Pakistani brothers.
13. Oh, please do tell me what your ‘official capacity’ is. Is that some kind of hidden threat? Remember we live in 2010 and not in Somalia. My friend, it should be you who should apologise for looting and plundering my country and its resources.
14. I wish Pakistan genuine democracy, stability, prosperity, and ability to live in peace with itself and with neighbours, but if and when we get independence we don’t know what will be the situation of South Asia at that time; and how many more ‘Tans’ there will be apart from Hindustan and Pakistan.
15. I have tried to be respectful and I hope you won’t get angry for showing mirror to you.
16. I hope you will find time to read them and correct wrong assumptions.
Shabir
Dr. Shabir Chaudhry,
I am a Pakistani Citizen from the South of Pakistan and after reading your reading you wrote, I have no hesitation in stating that I am seriously offended.
What you wrote makes me think that My men wasted their lives trying to provide your men the freedom and dignity in 1948 and 1965 if you wish not to join Pakistan. Did we send our Pashtoon, Punjabi and Urdu-speak to fight someone else’s war?
You seem to be quite determined to have independent state of Kashmir. Go and take it if you can without our help.
Even if you manage to get your long overdue independence, Do not come to us for handouts. How would you export your products without the access to port cities of Karachi and Gwadar? If you decide to go independent, prepare yourself to pay Govt levies in order to use our ports.
Secondly, so many Kashmiris from Azad Kashmir are working in the Lahore, Karachi and Islamabad. They will be expelled with immediate effect. Of course, if our own
citizens don’t have jobs, why will we offer jobs to Kashmiris who will be Non-Pakistanis?
We would be better off without Kashmir as my native City of Karachi contributes 70% revenues to the Govt treasury which is used to feed the economically backward valleys of Kashmir. Without Kashmir, it will only contribute 60%.:) Our army will have less area and people to protect and defend.:) You need us more than we need you.
We have oil, gas and Coal reserves in the south. Tell me something that you have in Kashmir which is of some economic value. Do you think you can run your economy on water, Barley and wheat?
As per travel, your citizens will need Pakistani visas frequently, compared to Pakistani citizens needing the Kashmiri visa. Because for tourism, we will visit NWFP or Quetta or Interior Sindh, rather than visiting Kashmir. Yet for better education, better medical treatment, you will have to visit Islamabad and Lahore. If your citizens choose to Study in our Institutes or looked for medical treatment in our Hospitals, We will certainly charge 4 times. And why should not be… You will be foreigners to us.
I don’t care what You respond, But we will not come and beg you to join us rather you will, just like Ras Al-khaima opted to stay out of UAE in 1971 but within a year came running to join it. Why”? because it could not survive alone.
If you hate “this Pakistan that you see on TV screens,” then why Your Kashmiri Citizens use Our Green Passport, call them Pakistanis while travelling abroad and bring drugs with them. Get your own passport and use that.
Thanks be to Allah that I read this on the Internet, if I had heard it in my official capacity, I would have demanded an official apology.
Teddybear
1. I don’t know what to call you – teddy bear can’t be your name.
2. Anyhow I didn’t mean to cause any offence to you or anyone else. I can’t see any cause of offence, as I have only stated some facts. You have every right to disagree with what I have said, but remember we don’t always like what we see in the mirror.
3. Please get your facts right, the tribesmen did not go to J&K to ‘liberate’ us they were sent to grab Kashmir and punish the Maharaja who refused to join Pakistan; and they were told to loot and plunder the J&K. They killed, looted and raped women, Muslims and non Muslims. There is ample evidence on this, and some of it written by some honest Pakistani writers as well. I am also attaching something for your consideration.
4. With regard to 1965, again get your facts right. It is proved beyond any doubt that Operation Gibraltar was not carried out to liberate Kashmiris. I will attach a paper for your information.
5. If it was not for Pakistan we would have been independent state. It was the tribal invasion planned and supported by Pakistan which forced the Maharaja to seek help from India, hence the forced division and all the problems we face on both sides of the divide.
6. Furthermore it was Pakistani officials who complicated the matter by making it a bilateral dispute rather than an issue of right of self determination. It was they who changed the name from Kashmir issue to India and Pakistan dispute. It was Pakistani officials who suggested changes to the first UNCIP Resolution and limited Kashmiri peoples right of self determination to accession to either India or Pakistan. It was Pakistan who signed Tashkant and Shimla Pacts and practically made the Kashmir dispute a bilateral issue - and now issue of water.
7. Pakistani governments have been exploiting our resources since 1947, our hard earned foreign exchange is also used by your government; and you are not happy if our people are working in your cities. If we become independent and we have sincere leadership there, not like what Pakistan have, then it would be people from other countries including Pakistan coming to work in J&K. Even now do you know how many Pakistani people live in Gilgit Baltistan and exploit our resources? Above all in clear violation of State Subject Law they have purchased land there.
8. Do you know how many countries are there in the world without ports, so please don’t give me that?
9. As for Pakistani passport is concerned it is only a travelling document; and under the international law it is Pakistan’s obligation, but that doesn’t changes our status; as it doesn’t change status of Palestinians. Those Palestinians who live in Syria they hold Syrian passport and those who live in Egypt they hold Egyptian passport so on and so forth.
10. By the way do you know many Pakistanis living abroad, when asked do not tell others that they are from Pakistan? Does that mean anything to you?
11. If you leave our country I am sure we will be able to make a passport – it is not a rocket science. But do you think your army will leave AJK and Gilgit Baltistan – never willingly. Do you know how many millions your army is making from the resources of Neelam valley alone? I suggest you visit the area and see the plight of the people and see how the army and timber mafia and mafia associated with precious stones are exploiting the area and puppets of Muzaffarabad have no say in these matters.
12. During the time when Kashmir was independent people used to come from undivided India, Tibet, China and other countries to study there. I don’t think Pakistani education has much credibility. Once independent we can set up our own institutions, and I assure you that we will also care for educational needs of our Pakistani brothers.
13. Oh, please do tell me what your ‘official capacity’ is. Is that some kind of hidden threat? Remember we live in 2010 and not in Somalia. My friend, it should be you who should apologise for looting and plundering my country and its resources.
14. I wish Pakistan genuine democracy, stability, prosperity, and ability to live in peace with itself and with neighbours, but if and when we get independence we don’t know what will be the situation of South Asia at that time; and how many more ‘Tans’ there will be apart from Hindustan and Pakistan.
15. I have tried to be respectful and I hope you won’t get angry for showing mirror to you.
16. I hope you will find time to read them and correct wrong assumptions.
Shabir
Dr. Shabir Chaudhry,
I am a Pakistani Citizen from the South of Pakistan and after reading your reading you wrote, I have no hesitation in stating that I am seriously offended.
What you wrote makes me think that My men wasted their lives trying to provide your men the freedom and dignity in 1948 and 1965 if you wish not to join Pakistan. Did we send our Pashtoon, Punjabi and Urdu-speak to fight someone else’s war?
You seem to be quite determined to have independent state of Kashmir. Go and take it if you can without our help.
Even if you manage to get your long overdue independence, Do not come to us for handouts. How would you export your products without the access to port cities of Karachi and Gwadar? If you decide to go independent, prepare yourself to pay Govt levies in order to use our ports.
Secondly, so many Kashmiris from Azad Kashmir are working in the Lahore, Karachi and Islamabad. They will be expelled with immediate effect. Of course, if our own
citizens don’t have jobs, why will we offer jobs to Kashmiris who will be Non-Pakistanis?
We would be better off without Kashmir as my native City of Karachi contributes 70% revenues to the Govt treasury which is used to feed the economically backward valleys of Kashmir. Without Kashmir, it will only contribute 60%.:) Our army will have less area and people to protect and defend.:) You need us more than we need you.
We have oil, gas and Coal reserves in the south. Tell me something that you have in Kashmir which is of some economic value. Do you think you can run your economy on water, Barley and wheat?
As per travel, your citizens will need Pakistani visas frequently, compared to Pakistani citizens needing the Kashmiri visa. Because for tourism, we will visit NWFP or Quetta or Interior Sindh, rather than visiting Kashmir. Yet for better education, better medical treatment, you will have to visit Islamabad and Lahore. If your citizens choose to Study in our Institutes or looked for medical treatment in our Hospitals, We will certainly charge 4 times. And why should not be… You will be foreigners to us.
I don’t care what You respond, But we will not come and beg you to join us rather you will, just like Ras Al-khaima opted to stay out of UAE in 1971 but within a year came running to join it. Why”? because it could not survive alone.
If you hate “this Pakistan that you see on TV screens,” then why Your Kashmiri Citizens use Our Green Passport, call them Pakistanis while travelling abroad and bring drugs with them. Get your own passport and use that.
Thanks be to Allah that I read this on the Internet, if I had heard it in my official capacity, I would have demanded an official apology.
Teddybear
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