Saturday, 22 August 2020

NO ! MR ABDULLAH -PAKISTAN HAS NO CLAIM ON POJK !


November 11,2017-Mr Farooq Abdullah made a very shocking statement asserting that Pakistan owns POK and Kashmir should be divided accordingly into 2 parts.Of late Mr Abdullah senior and Abdullah junior have been making irresponsible comments. Farooq,being the son of Sheikh Abdullah, does not shock oby the seditious nature of his statements.

 Let the statements be contested with facts and also  the readers be refreshed and informed about the actions of Sheikh Abdullah to understand the present stand of the Abdullahs. 


First some points regarding the Princely state of Jammu and Kashmir     

            

J&K was the largest princely state of erstwhile British India,with borders adjoining both Dominions of India and Pakistan. It must be clearly understood that only British India was divided into dominions of Pakistan and India-There was NO scope for any division of any princely state.The state had to accede completely to either Dominion and the power of accession was given to the ruler of princely state. Thus,within the scope of India Independence act 1947-Maharaja Hari Singh,Ruler of Jammu-Kashmir signed the instrument of accession like other princely states,Lord Mountbatten countersigned it and on 26 oct 1947 State of Jammu-Kashmir acceded to India.This accession was not reversible and under Art 1 of Indian constitution,Areas can be added but not reduced. So is Farooq Abdullah advocating Sedition of a part of Jammu-Kashmir? 

It is an Established historical fact that Pakistan attacked the princely state of Jammu-Kashmir on the Night of 21-22 Oct 1947 .Gilgit, Baltistan,Mirpur,Muzzafarabad,Kotli, Bhimber, parts of Poonch remained under its occupation post UN mandated 1Jan 1949 ceasefire .How can  this area be a legitimate part of Pakistan? When this area was never in British India but belonged to Maharaja Hari Singh ruled Jammu-Kashmir? A large part of Jammu Kashmir is occupied by China,Minsar in Tibet which was a part of J&Kwas gifted away by Nehru to China,In 1963 Shaksgam valley in Pak occupied  Gilgit Balistan region of J&Kwas Gifted by Pakistan to China. How can there be any basis for Pakistan to Claim occupied areas?


Now let us analyse other legal Documents in addition to the instrument of Accession , cementing the assertion that Whole of JK state is an integral part of India 

1) UN resolutions- India approached the UN as a nation attacked by a neighbouring country-UN resolutions do not make any case of Pakistan having a right over Indian territory measuring upto 85,000 sq km it has occupied. The UNCIP Resolution of August 1948 clearly states that Pakistan is occupying Areas in J&K and has to vacate these areas. The clarifications issued by UNCIP also state that Pakistan have NO Sovereign rights on occupied territories.

So Pakistan will have to denounce UN resolutions to claim its rights on POJK  

2) The  proclamation Signed by Karan Singh on 25 Nov 1949 regarding implementation of Indian constitution in J&K .

3)The judgement of AJK HC on Gilgit Baltistan in March 1994 that Gilgit and Baltistan are parts of Jammu and Kashmir.

 4)Jammu Kashmir is not a part of Pakistan as per the constitution of Pakistan . Also Pakistan S.C Has ruled that GB is not a constitutional part of Pakistan which has only 4 provinces.

4) February 22,1994 Resolution by the Indian Parliament unanimously proclaiming whole of Jammu Kashmir to be an Integral Part of India. 


Examining the role of Sheikh Abdullah in the pre and post Independence  History of India with regard to Jammu and Kashmir. 


1)In 1930-31-Sheikh Abdullah led agitations and protests against Maharaja Hari Singh.He gave inciting speeches in Mosques in Srinagar and incited stone pelting and violence.He was helped in this by Muslim youth coming in from British controlled Punjab.Maharaja Hari Singh arrested him for provoking unrest,but the protests continued until Maharaja Hari Singh signed  60 year lease of Gilgit-Balistan  with the British.Then the protests stopped. 

2)When the Cabinet Mission came to India ,Sheikh Abdullah started a movement called 'Maharaja,Quit Kashmir'.He was arrested for sedition.  3)Sheikh Abdullah was not popular With Shias,Gurjars,Buddhists,Pahadi Muslims,Baltis , Shina and Hindu population of Jammu,Kashmir.He left Muslim conference and formed Jammu Kashmir National Conference in 1939 which got support from Jawaharlal Nehru.

4) After Accession when the First Assembly elections were held in JK,Sheikh Abdullah cancelled the nomination of the Jammu  based Praja Parishad candidates and thus ensured win of National Conference.He propagated  the Idea of a separate flag, Emblem and Permit for JK.This was opposed vehemently by Sri SP Mukherji and Praja Parishad Members.Many Praja parishad members attained Martyrdom while hoisting the tricolor and Sri SP Mukherjee attained Martyrdom in Srinagar while opposing two flags,two constitutions and permits to visit JK within India .

5) The Delhi accord which was more of a committment between Nehru-Abdullah and the events leading to Martyrdom of SP Mukherjee led to lots of Unease within NC itself.Deputy PM Ghulam Bakshi led the Revolt against Sheikh Abdullah -15 members were against Sheikh Abdullah's statement that Jammu Kashmir accession was conditional while only 4 supported him.The Members of Cabinet informed Karan Singh that they had lost confidence in Sheikh Abdullah ,Leading to Dismissal of Sheikh Abdullah as Primeminister of JK.Sheikh Abdullah was in Gulmarg that time and was on his way to Gilgit to proclaim Independence of JK . His plans were thwarted and he was Arrested . 


Thus it comes as no surprise that Farooq Abdullah and Omar Abdullah make Pro-Pak statements and bat for Autonomy of JK and term the accession as conditional, inspite of proof present to the contrary.

Time has come to condemn such Statements. Not only condemn but according to laws these statements of Farooq Abdullah can be termed Seditious. As a citizen one hopes that the Government gives an adequate and befitting response to Farooq Abdullah who is an MP in Parliament  


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