Imran at UNGA should have devoted more time on Plebiscite. By Hem Raj Jain
29 Sep 2019
The Pakistanis are dancing that their Prime Minister Imran Khan has given an excellent speech at ‘United Nations General Assembly’ (UNGA) on September, 27. No doubt the four-points Imran dealt are important for Pakistan and UNGA is the right forum for these. But there is always a hierarchy of priorities and Imran should have devoted about half the time to three issues of namely climate protection, money laundering and Islamophobia and thus saved time Imran should have devoted to the issue of Kashmir (especially of Plebiscite).
Before delivering speech at UNGA, Imran should have studied the matter in detail and found out why UNSC Resolution 1948 about Plebiscite was not implemented. Pakistan is blamed for not vacating PoJK (Gilgit Baltistan and AJK, as called in Pakistan) which was the necessary condition for plebiscite. Hence Imran should have told at UNGA that Pakistan is prepared to get entire AJK & Gilgit Baltistan vacated of outsiders to facilitate the plebiscite in United J&K. At the same time Imran should have asked UNGA to similarly ask India to get J&K vacated of outsiders (who are in negligible numbers due to Article 370 and 35-A of Indian Constitution which were on statute till August 5, 2019).
Pakistan and its PM Imran know that Pak objectives will not be realized this way because despite Imran speech at UNGA neither plebiscite will be carried out in United-J&K by India nor lockdown will be lifted so soon in Kashmir by India. However everything is not lost and Pakistan can still achieve its said objectives if it does the following:-
(1)- As far restoring human rights of Kashmiris, now Imran should ask AJK President Masood and PM Haider to immediately lead a non-violent peace-march of about 2 million people to offer arrest to Indian authorities after crossing LoC for getting lockdown lifted in Kashmir as mentioned at https://www.pakistanchristianpost.com/opinion-details/3432
(2)- There is an element of justice too, in this peace-march. The United-J&K (its Muslim majority) is highly likely to opt during plebiscite for independence which is possible also due to need of Federal Secular Democratic SAARC (FSD-SAARC) in this region (in which united-J&K can become 9th member of FSD-SAARC). The problems in Kashmir, recurrent voices of dissatisfaction in other regions of Pakistan (except Punjab), Afghanistan and about 40 million Bangladeshi illegal immigrants (both Hindus and Muslims) in India can be effectively solved by FSD-SAARC. At-least Kashmiris of the valley have suffered a lot for decades for separation and are still suffering but the people of AJK & Gilgit Baltistan want independence as a free lunch without suffering for achieving independence. Therefore through this peace-march of about 2 million people from AJK & Gilgit Baltistan for filling the prisons of India for getting human rights of Kashmiris restored, is the need of justice
(3)- For plebiscite Pakistan should not fall in the trap of false-ego rather should mobilize some people in J&K (preferably in Kashmir) to file a writ petition in J&K High Court for plebiscite as mandated by ‘Instrument of Accession’ (IoA) as mentioned in online petition (which does not seem to have been admitted as was not filed in person in J&K High Court) as mentioned at - http://wadikinews.com/public-interest-writ-petition-under-article-226-of-the-constitution-with-respondents-i-the-union-of-india-ii-the-state-of-jk/ . In this writ petition the following should be added and prayed due to developments (after August 5, 2019) after this online petition:-
(i)-The separatist activities which are termed as crimes of sedition etc in rest of India is a legitimate political activity for the natives of united J&K in accordance with the exercise of right of ‘will of the people mandated by IoA’. Hence such citizens of united J&K who indulged in legitimate separatist activities can’t be booked under ‘criminal laws of India’ (which are meant to be applied only to the rest of India). Therefore all the political activists of J&K who are detained, arrested and imprisoned before or after August 5, 2019 should be freed and the human rights / fundamental rights (including peaceful political protest) of the people of J&K (especially of Kashmir who are locked down since August 5, 2019) should be restored.
(ii)- The link between India & J&K is not through Article 370, 35-A of the Constitution but through IoA as these Articles came in existence much after IoA. The purpose of Article 370, 35-A are (A)- To ensure outsiders-free J&K to facilitate free & fair plebiscite (which has not taken place so far because of the dereliction of Government of India) and (B)- Pending plebiscite, for the purpose of managing J&K politically, administratively and legally ONLY as per the wishes of the people of J&K as expressed by laws made by legislature of J&K and as per the laws and Constitution of India applicable to J&K to the extend consented by the legislature of J&K. -- Therefore repeal of Article 35-A and amendment of 370 of the Constitution and bifurcation of the State of J&K into two Union Territories are unconstitutional and against the spirit & letter of IoA hence ought to be quashed by Hon’ble Court.
(iii)- This writ petition should be filed in J&K High Court [not in Supreme Court of India (SCI) because jurisdiction of High Court under Article 226 is much wider than jurisdiction of SCI under Article 32 of the Constitution and in any case it will go to SCI in appeal by the losing party].
(4)- If Kashmiris (on both sides of LoC) want independence for United-J&K (which is not against Indian interests too) then they themselves will have to endeavor for it and others like India or Pakistan can only facilitate it. Hence the people on Pakistan side of J&K should carry-out peace-march for the restoration of human / fundamental rights of Kashmiris and people of Indian side of J&K (especially Kashmiris) should file writ petition in J&K High Court for plebiscite in United J&K mandated by IoA, as mentioned above for Kashmir solution in legally expected, just, effective and non-violent-peaceful manner.
In a nutshell, the Kashmiris (on both sides of LoC) before expecting Pakistan to resort to military approach for Kashmir solution, should themselves try for political (by peace-march) and legal (by writ in J&K High Court) solution.