This Blog provides an insight on the Kashmir-issue, India and Pakistan. The articles on this Blog can be best described as thought-provoking. The articles thrive to trigger debate about the miseries enslaved Kashmiris are facing and discuss also possible solutions to this long standing conflict. It also aims to convince readers why Independent Kashmir is the best solution for all parties involved.

jkdlp

jkdlp

Friday, December 24, 2010

Thus Spake Nehru!

A case has been filed in a court of law against Arundhati Roy and Ali Shah Geelani in Delhi on their demand for freedom of Kashmiris. What is said here is not my statement but that of Arundhati Roy. With reference to it, she said, “If a case is to be filed against me then first of all a case should be filed against India ’s first Prime Minister Pandit Jawaharlal Nehru. But as he is no more in this world, and filing case against him is impossible, therefore a case should be filed against his Samadhi or resting place.”

Arundhati Roy is not a lady from Sopor or Kupwara or Shupian who would be beaten with batons, whose clothes would be torn or in certain cases subjected to rape, and then the culprits would be given promotion instead of punishing them. Arundhati Roy is a person known on international level whose articles are published in New York Times, Washington Post and in the newspapers appearing from London . Her demand for the freedom of Kashmir falls under the right of speech. Therefore filing a case against her is tantamount to giving wider publicity to the Kashmir issue on international platforms. Filing case against her and also Geelani Sahib is not in the interests of India ; it goes in the interests of the struggle of Kashmiris. She has also said that a case should be filed against Nehru because he had promised with Kashmiris that their opinion would be sought.

We would like to remind our readers of the statements of Pandit Jawaharlal Nehru and Krishna Menon given by them at UNO from 26 October 1947 till 24 January 1959. Pandit Nehru had also stated about self-determination of Kashmiris from the time of accession of the state to the role of the assembly and of the United Nations. We have also given authentication of these statements. In the light of these statements we would like to ask if in the cases of youth and politicians of Kashmir , PSA and other black laws are invoked on their demand for freedom, then why are flowers offered on their Samadhi of those who had made solemn promises with Kashmiris which are violated. With their statements listed below, we need not to say anything more on Kashmir issue. Therefore we are enlisting here the statements of Pandit Jawaharlal Nehru that can be useful for those who evince interest in the Indian nation and the movement of Kashmiris. Below are the statements of Pandit Nehru:

1)"We have received urgent appeal for assistance from Kashmir Government. We would be disposed to give favorable consideration to such request from any friendly State. Kashmir's Northern frontiers, as you are aware, run in common with those of three countries, Afghanistan , the Union of Soviet Socialist Republics and China. We are giving urgent consideration to question as to what assistance we can give to State to defend itself. I should like to make it clear that question of aiding Kashmir in this emergency is not designed in any way to influence the State to accede to India . Our view which we have repeatedly made public is that the question of accession in any disputed territory or state must be decided in accordance with wishes of people and we adhere to this view, it is quite clear.
(Excerpts of telegram dated 26 October 1947 from Jawaharlal Nehru to the British Prime Minister, Clement Attlee)

2)"I should like to make it clear that the question of aiding Kashmir in this emergency is not designed in any way to influence the state to accede to India. Our view which we have repeatedly made public is that the question of accession in any disputed territory or state must be decided in accordance with wishes of people and we adhere to this view."
(Telegram 402 Primin-2227 dated 27th October, 1947 to PM of Pakistan repeating telegram addressed to PM of UK)

Thursday, December 23, 2010

Guest Post: A law called EAO, by Syed Riyaz Khawar

ENEMY AGENTS ORDINANCE
It is time to wake up and get the EAO amended or repealed, suggests Senior J&K High Court Advocate Syed Riyaz Khawar.  


In 1947, India was partitioned and the independent state of Jammu & Kashmir acceded to India through a conditional instrument of accession executed by Maharaja Hari Singh and the then Governor General of India, Lord Mountbatten. Meanwhile the tribesmen of Poonch and Muzaffarabad waged a war against the forces of Maharaja and the Indian forces in October 1947.

In this backdrop many draconian laws were enacted by the then Maharaja of Jammu & Kashmir to curb the freedom sentiment and one of the infamous ordinances was promulgated which came to be known as the "Enemy Agents Ordinance”, 2005 which reads as under:- Preamble; Where as an emergency has arisen as a result of wanton attack by outside raiders and enemies of the state which makes it necessary to provide for trial and punishment of enemy agents and persons committing certain offences with intent to aid the enemy. And where as the present law on the subject (Ordinance XIX of 2004 (Bik)) requires to be amended in certain respects and it is proposed to issue the ordinance with necessary amendments in consolidated form; Now therefore in exercise of the powers reserved under section 5 of the Jammu & Kashmir Constitution Act, 1996 (Bik)., his Highness is pleased to make and issue the following Ordinance. 

Under Section 2 of the Ordinance, enemy ‘has been defined as any person directly or indirectly participating or assisting in the campaign recently undertaken by raiders from outside in subverting the Government, established by law in the state and enemy agent under definition means a person not operating as a member of enemy armed forces, who is employed by or works for, or acts on instructions received from the enemy.’ That as per section 5 of EAO Government has a power to appoint a special judge in consultation with the High Court to try the matters under enemy agents ordinance net and as per section 7, special judge can take cognizance of an offence without accused being committed to his court for trial.

Thursday, December 9, 2010

Reasons for Indo-Pak stand off!

Differences between India and Pakistan emerged with the partition of the subcontinent in 1947. Apparently these were about border dispute, water sharing, or Rann of Kutch. However the most complicated was Kashmir issue. Besides the wars of 1947 and 1965, the Kargil war of 1999 was also fought for the Kashmir issue. India did not only lend full-fledged help to the separatist movement in East Pakistan but also saw to it that East Pakistan was detached from West Pakistan in deference to the wishes of the Bengalis and for that she waged her war of 1971.

According to some observers if the armed struggle of Mukti Bahini against West Pakistan had protracted it would have extended to Indian state of West Bengal as well. It would have developed in to a movement for Greater Bengal and in the process West Bengal would have slipped out of the hands of India. Not only that even Assam, Manipur, Tripura and Nagaland states too would have been adversely affected. Thus India quickly intervened to separate East Pakistan and claim that it was given so-called freedom from West Pakistan. India placed an obligation on Bangladesh and also averted the separatist movement in some of her states for some decades to come.

Taking 90 thousand of Pakistani troops and defense personnel as war prisoners, keeping them in different military camps, meting out indecent treatment to them like broadcasting information of the welfare of captives to their families, all worked towards deepening of Pakistan ’s hatred for India. According to many commentators, India ’s armed intervention in East Pakistan was her biggest mistake. Pakistani politicians, military generals and the masses knew that East Pakistan would secede one day from West Pakistan. Out of six point-formula of Shiekh Mujihu’r- Rahman, Zulfiqar Ali Bhutto had already accepted five points. Agreement had stuck only on one point i.e. two currencies. The biggest civil disobedience movement of the century began in East Pakistan on 25 February 1971 had begun as reaction to the suspension of the new national assembly session by General Yahya Khan on 25 March in Dhaka. Mujidu’r-Rahman’s Awami League had won majority seats in the assembly

India’s attack on Eastern Pakistan helped Pakistani nation and especially her strong army to nurse deep hatred against her which became the basis for seeking revenge from India.

Kashmir question was there and hence it became the catalyst to the policy of encircling her. In the course of history, the Afghans began their war against the Russians in Afghan war. The US considered it a golden opportunity of avenging their debacle in Vietnam against Russia. By stating it war against infidels (kafirs), the US roped in all Islamic and European countries as well the European states for extending practical support to Afghans. Pakistan was made the base camp for operations against Russia. Thus war was begun in the name of Afghan jihad. Owing to her financial crunch, Russia had to withdraw from Afghanistan . Unfortunately, in the jihad against the Russians, no strong solidarity could be forged among the groups of Afghan jihadi. Therefore, even after the exit of the Russians from Afghanistan, the government of Najibullah Khan continued to be in place in Kabul.

Book review in 'Kashmir Times' by Mushtaq-Ul-Haq Ahmad Sikander

Book Review

Kashmir: The undeniable Truth. A Social and Political Analysis of Kashmir
Author: Hashim Qureshi
Publisher: Iqra Publications, Srinagar, J&K
Year of Publication: 2010
Price: Rs.350
Pages: 352+ 16 colored photographs


In Kashmir the sentiment of Azadi and resistance has always been an inseparable part of the people's struggle, but the forces of resistance have failed to evolve and articulate their own version of history, hence we either have a history which depicts a chain of events from the perspective of State or of those who are at the helm of affairs, and in the process the Peoples History of resistance dies down unsung in oblivion. Kashmiris may boast about the most ancient recorded history in the whole South Asia but they have failed to produce a historian of international repute who could pen down the political history of Kashmir since 1931. Regarding politicians who are the main players in the political debacle whether mainstream or separatist have failed to evolve any documented proof of their politics, with a few exceptions here and there. Very few politicians are there who write regularly on current issues, concerns and problems facing the common man. Hashmi Qureshi is one such soul whose articles keep appearing regularly in Urdu press on a wide range of issues from Culture to Civilization, Politics to Privatization, Education to Equality, Justice to Juvenile delinquency, Transport to Trees and Wazwan to Water. The present book under review is a collection of his translated Urdu articles which were written from time to time and deal with a wide range of issues.

In his foreword to the collection Maulana Ahmad Khazir, President Tanzeem e Ulama e Hind deplores the dilemma being faced by a Kashmiri, "Everyone is talking of solution and resolution of this vexed problem but it is truly difficult in Kashmir to call a spade a spade. If you dare to become honest and speak truth you will be labeled either Indian agent or Pakistani agent and you are no more Kashmiri? Resulting in the causality of truth and facts". The loyalty of Kashmiris is always suspect in the eyes of both India and Pakistan and even Sardar Qayyum of Muslim Conference, Azad Kashmir said "Maqbool Bhat was an agent of India. When India, did not need him, they executed him".(P-124). Hashim himself is a victim of this jeopardy and dichotomy which is replete in his book at various occasions.

Hashim in his long introduction to the collection takes cue on a variety of issues from the Muslim history to the present day current world scenario. Debating about the reason and faith in the Muslim world Hashim writes "Ghazali, the traditionalist wrote Tahafat Ul Filasafah in which he strongly underrated those who called logic the mother of all sciences. Thus from 12th century A.D onwards, feudalism and orthodoxy became complementary to each other establishing inseparability of religion and politics for the inheritors of Caliphate. This marked the beginning of the decline of the age of reason in Islamic societies, belief and tradition arched over the institutions of Islamic State". (P-13), but the Muslim world was so vibrant and intellectually rich that Ibn Rushd's wrote its critique as Tahafut -al- Tahafut. Plus it's not truth that Ghazali was responsible for the decline of reason in Muslim world, Hashim must read Dr Hamid Naseem Rafiabadi paper titled "Ghazzali & Revival of Islamic Sciences" to correct this orientalist myth.

Coming back to the same debate Hashim goes on "A major part of the struggle lies within the broad Islamic fold itself. It is the revival of the long drawn struggle between the istadlaliyun and muttakallimun of 12th century in its new avatar of "pure" and "counterfeit" Islam. Taliban and Al Qaeda is also the product of same thinking. They are spokesperson of orthodox Islam. Thus entire Islamic Polity has become a victim of dissensions, strife and differences". (P-14). Hashim unnecessarily drags the mutakallimun and istadlaliyun in the discussion as these haven't given rise to the Taliban and Al-Qaeda, but the dragon seeds sown by Uncle Sam during the Cold War when USSR invaded Afghanistan. The violent, exclusivist staple diet of Islam which was fed to those cadres at the Madrasas was prepared in the University of Nebraska and now when they have served their purpose these yesterday's saviors have became today's terrorists.