Daily Times

A series of rumours are making rounds in Azad Kashmir, Pakistan and most importantly on the social media around the world. It started with a statement by the Prime Minister of Azad Kashmir during an oath taking ceremony of lawyers at Muzaffarabad. He is alleged to have said that he has been told by people who merit on Kashmir that ‘he will be the last Prime Minister of Azad Kashmir”. Unfortunately, he has tried to use the routine weapon of a politician that he has been quote out of context. The public interest and disquiet, continues to grow in Azad Kashmir and everywhere in every Kashmiri household.

There have been demands that Prime Minister should either come clean on his statement or resign as a person, incapable to argue the role of Government of Pakistan at the UN and in the running of Azad Kashmir Government, as assumed by it under UNCIP Resolutions. Chief Justice ® Malik Majeed and President of Liberation League, has demanded a resignation from the Prime Minister and has advised him, to handover the office to a young, brave and knowledgeable Kashmiri.

There is merit in the demand of Prime Minister’s resignation. He may be a person of very good intentions but surely he lacks credibility and does not have the required knowledge of the jurisprudence of Kashmir Case that he would prevail on merit during any private interaction or argument with the people in Islamabad or their representations in Azad Kashmir, who matter on Kashmir. It is a serious disadvantage that these debates take place or warnings are given in private and the common Kashmiri or experts on the subject, do not have an opportunity, to intervene and give an independent input. The compromises that follow always do not complete the circle of wisdom and by the time we realize the magnitude of the error, it happens to be too late.

For example After the signing of Indus Water Treaty in September 1960 at Karachi, by Jawaharlal Nehru and President Ayub Khan, the latter made a radio broadcast to the nation and said, that the terms of the Treaty were ‘the best we could get under the circumstances, many of which, irrespective of merits and legality of the case, are against us’. Herbert Feldman, writes in his book “Revolution Pakistan”, that, “There is in this address an undertone of apology, as if to imply a sense of sacrifice which Martial Law administration would have avoided if it could; but what exactly had been sacrificed it is difficult to say”.Political elite in Azad Kashmir could not be considered able and skilled enough to argue the Kashmir case, whenever, confronted with an argument.

Kashmiri leaders have a failed track record from the times of re-constitution of Azad Kashmir Government on 24 October 1947, defending the territories of Azad Kashmir, signing of Karachi Agreement, going into appeal against High Court decision on Gilgit and Baltistan and pursuing the UN mechanism on Kashmir.

The second factor that is making rounds on social media is 11 November 2019 notification issued by Azad Kashmir Government’s Service and General Administration Department. It has renamed Azad Jammu and Kashmir Management Group as Jammu and Kashmir Administrative Service (JKAS). The replacement of word “Azad Kashmir”, with “Jammu and Kashmir” has confused everyone who subscribes his or her interest in the jurisprudence of Kashmir Case. The President of Azad Kashmir, has distanced himself from the notification. Prime Minister of Azad Kashmir, has come under heavy criticism and his credibility is in tatters.

Government of Jammu and Kashmir at Srinagar, has instituted legal proceedings in various courts to identify and reclaim the possession of these properties. It has succeeded in many cases. The process is on

The third and more serious concern, relates to the directions passed by the Prime Minister of Pakistan on the ‘sale of Kashmir property’ at a meeting on 29 November 2019. Under agenda item 2, Prime Minister of Pakistan, (who happens to be chairperson of AJ&K Council), has asked KA & GB Division to “submit its summary regarding lifting of ban on the sale of J & K State Property for consideration of the Prime Minister on priority”.

Kashmir Properties and assets are situated in various States of India and in all the four provinces of Pakistan. These properties and assets have a “sovereign character”. Government of Jammu and Kashmir at Srinagar, has instituted legal proceedings in various courts to identify and reclaim the possession of these properties. It has succeeded in many cases. The process is on.

These “immovable properties which vested in the State of Jammu and Kashmir on the 15th day of August 1947” are currently managed by Government of Pakistan, under “The Jammu and Kashmir (Administration of Property) Ordinance 1961 dated 13 February 196. They remain ‘sovereign’ and ‘trust’ properties and are duly protected by article 257 of the Constitution of Pakistan. The bulk of these properties are situated in Punjab province. Other properties are situated in Sindh, KPK and Baluchistan. The proceeds from these properties (sale, rent and other income) are deposited in a special account called “The Sale Proceeds Account of Immovable Property of Jammu and Kashmir State”. Proceeds have to be used in the interests of Kashmiris and Kashmir case.

The control and management of these properties has never been transparent and continue to remain a mystery. There have been cries of corruption, fraudulent sales and abuse of proceeds. I have sent a six tweet, composite alert to Prime Minister of Pakistan, on ‘lifting of ban on the sale of J & K Property”. KA & GB Division has been advised to submit a summary to PM of Pakistan. My tweet is an interim alert. President of Azad Kashmir, Prime Minister of Azad Kashmir, Speaker, Senior Minister, MLA Abdul Rashid Turabi, OHCHR and Foreign Office have been copied into this TWEET. The alert and intervention is in public domain. Therefore, KA & GB Division is obliged to flag it in their report to be submitted to the Prime Minister.

Government of Azad Kashmir has been duly copied into this alert. Therefore, AJK Government has to act in respect of the “Sovereign Status” of these properties and ensure that the Prime Minister is not ill advised in any summary of KA & GB Division.In Pakistan the Status of Kashmir properties could not be disturbed until the Resolution of Kashmiris right of self-determination, envisaged under UNCIP Resolutions. Pakistan is performing duties under UNCIP Resolutions in AJK.

Prime Minister of Pakistan has remained very vocal in the representation of the cause of the people of Kashmir. In addition to his obligations as Prime Minister of Pakistan, chairman AJ&K Council, he has volunteered to be the Ambassador of Kashmir. It is therefore, important that he is advised correctly on the ‘sovereign statuses of these ‘trust properties’ and the proposal to lift ban on the sale of these properties should be taken off the agenda. These properties are duly protected under article 257 of the Constitution of Pakistan. “Lifting of ban on the sale of J & K State property” would hurt Kashmir Case.

The author is President of London based Jammu and Kashmir Council for Human Rights – NGO in Special Consultative Status with the United Nations