Kashmir Dispute: A Kashmiri Perspective - Kashmiri Struggle Transformed in to Jihad, Terrorism and a Proxy War

Contents

1. Preface

2. Introduction

3. Kashmiri struggle and the UN Resolutions

4. Some clarifications regarding Kashmir dispute

5. Kashmiri struggle and Politics of Black Day

6. Issues related to Provisional Government of 4th October 1947

7. Provisional Government of Jammu and Kashmir

8. Kashmiri struggle: Role of Azad Kashmir Government

9. Militancy in Kashmir was not started to liberate Kashmir

10. Kashmiri struggle and traitors

11. Interview with a Kashmiri journalist

12. ‘Pak agencies have hijacked Kashmir stir’—interview with Statesman

13. ‘Liberation Struggle, Jihad or a Proxy War’

14. Kashmir dispute and role of the United Nations and the European Union

15. Struggle for independence or a proxy war?

16. Why Kashmiri identity is important

17. Why we should not join Pakistan and India?

18. Identity for Kashmiris

19. Azad Kashmir or Pakistani occupied Kashmir

20. Our struggle is on Pakistani side of the divide

21. We are urged to join this Pakistan

22. People of Jammu and Kashmir have right to know

23. Who did Mirwaiz represent in Geneva?

24. Human Rights of Kashmiri people in the world

25. Extremism, Liberalism and its impact on Pakistan and Pakistani Administered Kashmir

26. Right to protest and ‘right to violence’

27. India, Pakistan and the Kashmiri struggle

28. Negative slogans, RUSI Kashmir Seminar and new dimensions

29. Human security and Protection of Rights of Kashmiri people under Pakistani Administration

30. Cross Border Terrorism and Human Rights in Kashmir

31. Non Kashmiri political parties are a serious threat to Kashmiri struggle

32. Pakistan has to change its mind set on Kashmir

33. Kashmir is not liberated and Pakistan is in a mess

34. Who is a Kashmiri patriot?

35. Kashmiri nationalism has not matured yet

36. JKLF played into ISI hands—Kashmir was never a Muslim struggle, Dr Shabir Choudhry

37. Violence in Kashmir will get worse

About the Author

Dedicated to:

• All those who sincerely promoted the cause of united and independent Jammu and Kashmir;

• All those who opposed and actively challenged forces of occupation;

• All those who opposed and challenged forces which promote extremism, violence, religious intolerance and hatred;

• And all those who suffered because of the forced division and occupation of our homeland.

Dr Shabir Choudhry

London

August 2013

1. Preface

Pity on a nation which is divided into number of groups and each group calls itself the nation Khalil Gibran.

It looks Khalil Gibran said the above for the people of former Princely State of Jammu and Kashmir. We people are deeply divided on religious, sectarian, regional, tribal and political lines. There are dozens of political parties propagating pro India, pro Pakistan, pro-independence, pro trifurcation, pro violence, pro peace, pro theocracy and pro-democracy etc.

It is sad that each group or party bitterly opposes the other groups and, at times, call some others as traitors, agents of foreign countries, collaborators, untrustworthy, deceitful, dishonest, insincere, corrupt and selfish. Each group claims to represent the entire State of Jammu and Kashmir, which has an area of more than 84 thousand square miles and is multi religious and multi ethnic state.

It is ironic that some of these groups have membership of less than 50 people, and they make lofty claims about their struggle and boast to represent all ethnic, regional and religious groups of the State of Jammu and Kashmir. It is interesting that most members of some groups are illiterate with tunnel vision, and lack wisdom and common sense; and do not even know their history and culture.

Some of the Kashmiri groups still regard Pakistan as their friend and messiah; yet fact is that Pakistan also has imperialist designs on Jammu and Kashmir. In 1947 both India and Pakistan gained their independence from Britain. Even before they gained independence they formulated policies to deprive independence to other nations that resulted in acrimony, hatred and bloodshed. Among others, Jammu and Kashmir was also victim of this imperialist policy.

Either with active help of the Crown Representative, Lord Mountbatten or on their own initiative, both India and Pakistan forced many Rulers of the Princely States to join them. Struggle to control strategically very important State of Jammu and Kashmir resulted in devastation and bloodshed; but it also resulted in forced division, which divided families, friends and villages.

Many problems of India, Pakistan and that of South Asia, poverty, ignorance violence etc., are directly linked with the Kashmir dispute. This dispute has cost death, destruction and misery to millions of innocent people of India, Pakistan and Jammu and Kashmir.

The genie of hatred and communalism which came out of the bottle in 1947, and which inflamed passions of people that resulted in worst communal violence the region had ever seen, was continually fed on communal and religious hatred. Religious leaders of all sides and governmental and non-governmental organisations also played their role in spreading this evil; and tolerating and harmonious society of Jammu and Kashmir also became its victim.

Wounds of the partition and subsequent communal violence could have healed if it was not for the unresolved dispute of Jammu and Kashmir, which became a bone of contention between India and Pakistan. Powerful groups, in India, Pakistan and outside, used Kashmir dispute to broaden gulf of differences and actively promoted sectarianism and hatred.

Jammu and Kashmir, no doubt, is full of resources and has great strategic importance. Apart from India and Pakistan there are others who want to have a foot, or at least, have some influence in this beautiful land; and it is because of this Jammu and Kashmir has been a source of tension, rivalry and violence in South Asia.

People of India and Pakistan have suffered because of this rivalry, especially people of Pakistan as its military and religious parties have used the Kashmir dispute to control and dominate not only Pakistan but also Jammu and Kashmir. This control and domination has created enormous problems for people of Pakistan and encouraged regionalism, feudalism and sectarianism; and kept democratic and educational progress under control.

But the worst sufferer in all this, have been the people of Jammu and Kashmir, who have been forcibly divided for the past sixty six years. Apart from that Jammu and Kashmir has been a battle-ground for war, proxy war, intrigues, communal killings, custodial killings, terrorism, wide scale human rights violations, influx of jihadi militants etc.

People of Jammu and Kashmir are still divided, occupied and oppressed since 1947, and their miseries and troubles have only multiplied. At one time the world community took a keen interest in the resolution of this dispute, but now, by and large, they are just passive observers of our miseries. This in practice means a green signal to both India and Pakistan to either keep the status quo or do what suits national interests of the both countries.

After this attitude from the world community both countries think they have a licence to kill, imprison, torture and keep people and the State of Jammu Kashmir divided and occupied, as there is no one to stop them or reprimand them. Whenever, they face domestic problems they, under different pretexts create a war like situation on the Line of Control and, at times, on the International Border. In controlled military exchanges across the LOC innocent people, mainly people of Jammu and Kashmir become victims and this has continued since 1947.

Some Pakistanis and their proxies in Jammu and Kashmir claim that the Two Nations Theory that divided India on religious lines was also applicable to Jammu and Kashmir. That is not true. The British Raj in India consisted of two units, the British India and the Princely India. Whereas, the British India was directly ruled by the British; the Princely India was semi-autonomous, and were allied to the British through treaties.

The Two Nations Theory was only applicable to the British India, and that is crystal clear from the Indian Independence Act and the 3rd June Declaration. Furthermore, both the Indian Congress and the Muslim League agreed that the Princely Rulers had to decide future of their States. If the Two Nations Theory was applicable to the Princely States then they would have joined either India or Pakistan in accordance with composition of their population.

Mohammed Ali Jinnah, founder of Pakistan practically demonstrated that the Two Nations Theory did not apply to the Princely States. On 17 June 1947 Mohammed Ali Jinnah issued an unambiguous statement that the Princely Rulers would become independent after the lapse of the British Paramountcy; and that the Rulers had three options, namely accession to India, accession to Pakistan and becoming independent.

Furthermore, he accepted accession of the Princely State of Junagarr to Pakistan, which had more than 80% non-Muslim majority. Also he supported Hyderabad’s right to become independent, even though this state also had overwhelming non-Muslim majority. Mohammed Ali Jinnah was a brilliant constitutional lawyer, and if the Two Nations Theory was applicable to the Princely States then he would not have acted the way he did.

Both India and Pakistan have claim over Jammu and Kashmir, and have entrenched positions which they have been advocating vigorously since 1947, and one cannot expect them to all of sudden abandon their positions on Kashmir without causing political upheavals at home. However, somehow they have to work out a mechanism to tell their masses that Jammu and Kashmir is legally and constitutionally not part of any country, because its future is yet to be determined. People of Jammu and Kashmir were promised that they would be given a chance to determine their future, and that chance was never given to them.

Sixty-six years of continuous cold and hot war, rivalry, confrontation and hatred, has hindered progress in resolving the dispute of Jammu and Kashmir; it has also hindered the progress in resolving other bilateral disputes. But a few years of apparent ‘friendship’ and peace process have helped to make some progress; and this process has to continue for the sake of peace and stability of Jammu and Kashmir and South Asia.

Kashmir dispute has to be seen as human issue, and not as a territorial gain, or a strategic advantage. Like anyone else, I have no solution to this dispute that could be acceptable to all concerned, but I know what is not workable and what will not provide much desired peace and stability in the region: and that is division of the State or its accession to any country.

Kashmir dispute should not be used to settle score of the past tragedies or past adventures, for example, to avenge problems of 1965, 1971, 1980s, proxy war or Kargil adventure. Also Kashmir should not be used as a battleground for competing political and religious ideologies, as it is happening on both sides of the divide.

As noted earlier, Jammu and Kashmir is a multi-religious and multi ethnic former Princely State. All citizens of Jammu and Kashmir-Pundits, Sikhs, Buddhists, Shias, Ismahilies, pro Pakistan, pro India and pro-independence, and others must have equal rights; and we must not target any community for their beliefs. We must put the past behind us and make a new start by inviting pundits and others who were uprooted from their homes because of political, communal and armed conflict back in to their homes and compensate their losses.

We must build bridges of confidence and make sincere endeavours to eradicate extremism, violence, religious intolerance and hatred. However, if these war mongers and fanatics are not brought under control then my fear is that they will endanger peace, stability and future of the entire region. So time is running out, and those in position to take appropriate action, must act and act soon.

Dr Shabir Choudhry

2. Introduction

by Abbas Butt

Kashmiri struggle is going through a very difficult phase. We have reached a stage where people of Jammu and Kashmir appear to have lost sense of direction or they are so disillusioned that they have even stopped complaining, as they have been let down time and again.

Their own Kashmiri leaders have let them down in first place, and whatever hope they had from Pakistan has been shattered by u turns made by various government of Pakistan. And tragedy is that some pro pocket Kashmiris are still praising government of Pakistan and telling people that government of Pakistan is doing all this to promote and protect interest of people of Jammu and Kashmir

The role of some nationalist leaders is also disgraceful. They have done enormous damage to the nationalist cause. At a time when India and Pakistan and pro Pakistan forces wanted to cause confusion and damage ideology of an independent Kashmir, leaders like Amanullah Khan and Yasin Malik instead of clarifying the issues added to the confusion by sitting in lap of establishment and by only speaking about problems of Indian side of Kashmir.

They deliberately refrained from highlighting issues, which concerned people of so called Azad Kashmir and Gilgit and Baltistan, and only spoke of miseries of the people of Indian controlled Kashmir; thus indirectly supporting this myth that these areas enjoy freedom and are trouble free.

True picture, however, is different. Both parts of Kashmir are occupied and people on both sides suffer with varying degrees of human rights violations. These facts have been confirmed by Human Rights Watch report and EU report on Kashmir. Pakistan and pro Pakistan lobby is obviously shocked that they are exposed and real designs on Kashmir are known to people.

However, disturbing fact is the role and subservient attitude of some Kashmiri organisations and some notable individuals. Instead of appreciating the hard work done by these organisations and adopting realistic attitude to support Kashmiri peoples right to independence they have, as in the past, supported the wrong policies of Islamabad just to get some personal benefits.

At this difficult time our party Kashmir National Party decided to go against the tide and expose all those who are working in cover to damage the cause of united and independent Jammu and Kashmir, and to fight on literary and intellectual levels. We have published many books and booklets and articles to support the cause of Kashmiri nationalism, and expose imperialist and hegemonic policies of both India and Pakistan.

We have selected some articles and interviews of Dr Shabir Choudhry, Kashmir National Party leader, writer and author of many books; and publish them in a book form. We think it is only appropriate that these informative articles which give different perspective on the Kashmir dispute are published and made available to the people that they can see what is happening to their struggle.

As a Deputy Director Institute of Kashmir Affairs, I am proud to make arrangements for publication of this booklet, which I hope will help people to understand the current situation in Kashmir. The Institute believes that it has an important role to educate not only people of Jammu and Kashmir and Pakistan about true situation of Kashmir dispute, but also to project Kashmir dispute in its true perspective at the international level. I hope that readers will appreciate our efforts and continue to support us in our jihad against illiteracy, extremism and communalism.

Abbas Butt

Chairman of Kashmir National Party, and Deputy Director Institute of Jammu and Kashmir, Watford, England

Tel. 0044 (0) 1923 221219/ 0044 (0) 7949 812543

Email: buttandco@hotmail.com

16 August 2013

Mr Abbas Butt

3. Kashmiri struggle and the UN Resolutions

23 May 2012

Over the past few weeks the UN Resolutions on Kashmir are under discussion again; and various people with some understanding of jurisprudence of these Resolutions are expressing their views on this important subject. Right of expression is fundamental to democracy and human rights; and these people have every right to express their views either opposing the UN Resolutions or supporting them.

However, this controversy started with the speech of Professor Abdul Ghani Bhat, which he delivered on 14 May 2012, that the UN Resolutions were no longer practically implementable in the State. Professor Bhat is known for making controversial statements. During his visit to Pakistan few years ago he clearly stated that Jammu and Kashmir should be divided. This was a view of a Kashmiri leader who claims to be working for independence of Kashmir and working for the rights of people; and at the same time he suggested that his country should be divided.

Professor Bhat was once a Chairman of the united APHC, which also claimed to represent people of Jammu and Kashmir; and after the split in the APHC, now he is a senior leader of the APHC (M). Both groups of APHC believe that the UN Resolutions provide a strong base for the resolution of the Kashmir dispute; and that the UN has a role to play in this matter.

It must be remembered that General Musharraf also thought the UN Resolutions did not provide a practical solution under the prevailing political situation; and he as a President of Pakistan made a number of suggestions which all deviated from the UN Resolutions and offered a division of the State. Sad thing is some of the critics of Professor Ghani Bhat were acting as ‘salesmen’ of General Musharraf and were busy trying to sell his ideas to people of Jammu and Kashmir and world at large.

People who have opposed the statement of Professor Bhat are angry because in their view the UN Secretary General Ban Ki-moon during his visit to India in April 2012, supported the Kashmiri struggle; and Professor Bhat’s statement is a stab in the back. In a response to a question on Kashmir the UN Secretary General said the will of the people there must be respected while finding any solution. I hope this issue (Kashmir) is addressed peacefully without violence and respecting wills of the people there. He further said Kashmir dispute should be resolved without resorting to any violence and fully respecting the human rights sentiments there. However, he strongly opposed terrorism, he said, Terrorism cannot be justified under any circumstances, for any justification and for any reason. It should be eliminated and stopped.

While the UN and its Resolutions have their own importance, but it must be understood that our struggle started before the UN came in to existence. We did not start our struggle because the UN passed some Resolutions on the Kashmiri struggle. Right of self-determination is a fundamental human right and is highly respected in all societies, especially in the West. It is our birth right—a right which is not negotiable; and that is not subject to sanction of any international forum.

The UN General Assembly Resolution 2649 (30 November 1970) on Self Determination—Principle and The Law reads:

1. Affirms the legitimacy of the struggle of peoples under colonial and alien domination recognized as being entitled to the right of self-determination to restore to themselves that right by any means at their disposal;

2. Recognizes the right of peoples under colonial and alien domination in the legitimate exercise of their right to self-determination to seek and receive all kinds of moral and material assistance, in accordance with the resolutions of the United Nations and the spirit of the Charter of the United Nations;

3. Calls upon all Governments that deny the right to self-determination of peoples under colonial and alien domination to recognize and observe that right in accordance with the relevant international instruments and the principles and spirit of the Charter;

4. Considers that the acquisition and retention of territory in contravention of the right of the people of that territory to self-determination is inadmissible and a gross violation of the Charter;

Anyhow, after the Tribal attack on Kashmir the Ruler of Jammu and Kashmir was forced to seek help from India, which was only made available after Kashmir’s ‘Provisional accession’ with India. Because of their claims on Jammu and Kashmir, both India and Pakistan had first military clash over Kashmir, however, later on Mountbatten, who was at that time a Governor General of an Independent India, advised India to take the matter to the UN. In this regard Pakistani Prime Minister, Liaquat Ali Khan was also taken in to confidence; and India approached the UN Security Council under Article 35 of the UN Charter.

The Security Council passed many resolutions on Kashmir, some were passed before the UN Commission for India and Pakistan reached the region to investigate the matter, and some were passed afterwards; however, two Resolutions known as UNCIP Resolutions are fundamental to understanding of the Kashmir dispute, as they explain which country had to do what to resolve the dispute. The UNCIP Resolution of 13 August 1948 stated:

The Government of India and the Government of Pakistan reaffirm their wish that the future status of the State of Jammu and Kashmir shall be determined in accordance with the will of the people and to that end, upon acceptance of the Truce Agreement both Governments agree to enter into consultations with the Commission to determine fair and equitable conditions whereby such free expression will be assured.

The phrase future status implies: accession to India, accession to Pakistan or an independent Kashmir. This was replaced on request of Pakistan with the following in the next Resolution that was passed on 5 January 1949: