The 5th August , alleged legal instruments , are similar to the surreptitious accession of state of J&K manured by India in Oct 1947 by intimidating ruler of state . It brazenly integrated the state in main land amounting to annulling the constitutional relationship of the state with India which rested solely on instrument of accession , which was itself subjected to ratification by the people of state through referendum as per the terms of admission of accession instrument by the Governor General of India under section 7 of Indian Independence Act 1947 . India is now an occupation force in the state holding the land and people by force of its army.
Indian claim of the action being its internal matter is hoax. When an alleged internal matter transcends and affects people beyond boarders, when it threatens peace and security of the region and world, it is international matter, More so, when it was regulated by UN RESOLUTIONS from its inception and any dispensation of state except by plebiscite is disallowed by security council resolutions dated 30-3-1951 and 24-1-1957 .
India is bound by article 253 of its own constitution to incorporate and implement these resolutions by a parliamentary law or come forward honestly for its negotiated settlement or international arbitration under article 51 of its own constitution.
Consequences of action
All bilateral agreements for settlement of Kashmir issue between India and Pakistan including Simla , Lahore and Islamabad declarations, except to the extent they are acted upon , stand unilaterally annulled by India . The line of control admitted under Simla agreement stands converted into cease fire line visualised by the cease fire agreement of 1949. Indian position in the state reverts back to 26th of October 1947.
What to do?
The government of Pakistan must declare to be absolved of all such bilateral agreements with India which hampers in its endures internationally and inform to the UN Security accordingly ;
If it doesn’t, it should include the entire state as its territory under article 1 of its constitution on the strength of standstill agreement offered by ruler of state on 12/8/47 and accepted by Govt of Pakistan on 15th of August 1947 and , resolution of accession of state with Pakistan passed by the sole representative political and parliamentary party of state All Jammu& Kashmir Muslim conference on 19th of July 1947 , subject to UN supervised referendum ;
Parliament of Pakistan must call upon the Govt of Pakistan to take appropriate measures for liberation of state from Indian occupation like the one passed by the Indian parliament in 1994; It must take appropriate measures to call upon the UN SECURITY COUNCIL to land peace keeping forces in the state like the East Tamore action in 1975, to save life, honour and liberty of people under curfew and siege of Indian forces, and pending that; It should send doctors, medicine, food, water and install its communication network in the state;
Government of Pakistan must resort to rigorous and vehement diplomacy in power centres of world, international and regional political and economic alliances, through ex pat Kashmiris and Pakistanis
Government of Pakistan must resort to rigorous and vehement diplomacy in power centres of world, international and regional political and economic alliances, through ex pat Kashmiris and Pakistanis.
Pop Francis of Vatican must be specially approached to intervene and impress upon Christian world to bring pressure on India;
All those who work voluntarily or officially, must understand the niceties of the Kashmir case from Kashmiris, Pakistanis and Indian point of view and ground realities.
If going gets tough , Pakistan must act as America acted in Afghanistan and now in Middle East to save eight million people of the state ; If this too is not acceptable, Pakistan should declare AJK as representative Govt of the people of state under its defence umbrella, and facilitate it to launch international campaign for liberation of the besieged part of state.
World opinion hears, favours and helps, as it does now, the victims of tyranny in Indian held Kashmir , more than claimants , as it did not in past seventy years .
Pakistan should rest assure that Kashmiris are all out against India. The claimers of ILHAQ to Pakistan and AZADI of state, should mean article 257 of Pakistan constitution that it includes “ILHAQ& AZADI “given the words ” WISHES OF THE PEOPLE OF THAT STATE ” . People of state are final arbiters once they get to gather after Indian occupation is overthrown. Join hands on it first, and leave all other overtures.
It is getting late, do it before the Kashmiris are annihilated by Indian brute force.
The writer is a retired justice