PREAMBLE

The People are actually sick of violence perpetuated by the Militants but the Chief Ministers of J&K still do not openly condemn the movement because of the Power the Militants wield and the fear of safety of their own life. There is also unfortunately today a fair level of Political Consciousness in the Common Kashmiri that binds the Militants together. In spite of the fact that a large number of Police, Security Forces and the Armed Forces are deployed in the Valley, The effect of this Force is not being felt and there is very little improvement in the overall situation. On the contrary, a dangerous trend appears to be developing whereby a majority of Militant Organizations and outfits are now gearing up to adopt a common programme for AZADI. This can be clearly seen because they are concentrating on a single issue as per majority thinking, whereby smaller groups will merge with the larger ones and they appear to be preparing for the Political stage of the Battle whereby militants expect to fight and win and then declare themselves Independent with the backing of the People.

These are certainly disturbing events and the future of the State has to be secured by us. Some startling developments which are not in our favor may even worsen the situation further.

(a) The deep conspiracy being hatched in Jammu & Kashmir.
(b) How have we all indirectly encouraged the situation and allowed the same to worsen?
(c) Could some Individuals in our own inner circle be also involved in this dangerous design?
(d) What should be our present strategy in Jammu & Kashmir? It is to not only immediately arrest such a situation, but to reverse the same?

Situation 2005

As far back in Feb 2005 after the Municipal Corporation Elections were concluded it was clearly visible that the Parties which did not have any significant presence in Srinagar earlier, made heavy inroads in the Valley votes by winning a large number of seats. Even at that time the call for AZADI was loud and clear. It was openly pronounced by Mehbooba Mufti that the Election results must not be perceived by India, to show that the People of Kashmir had given up their clarion call but they voted to only solve the day to day problems they faced. Do not mix the two!!! Was there a message which was conveyed – Did the Govt not feel that they had failed to grasp the result?

Situation Today

What is being stressed today by Militants in their meetings is that they have a common Enemy, the Indian Security Forces and they want to separate from India. The stress is on, to allow the People of Kashmir to decide their own future. To achieve their goal the Militants are working on a common strategy minus the Kashmiri Pandits who have already been driven out. Pakistan’s pro-Kashmir groups recently organized a seminar in Islamabad which is Pakistan’s first pro-Kashmir lobbying group, Youth Forum for Kashmir [YFK], who organized this Seminar and stated, ‘Kashmir We Stand By You’. We saw what happened the other day on Celebrations in New Delhi. People openly said “We are NOT Indians?”

Ahmed Quraishi, Executive Director of the Youth Forum for Kashmir also, says that Pakistan cannot ignore Kashmir because Kashmir is Pakistan’s geographical extension. Kashmir cannot be put on the backburner because Pakistan’s National Security is directly linked to Kashmir. He feels that it was wrong to link Kashmir to even trade with India. Bilateral trade between Islamabad and New Delhi was progressing normally and the impression that this is an Impediment was wrong They told that any pact with India on trade, like the most-favored nation status, will be derailed any time if the situation worsens on the Line of Control in Kashmir.
Dr. Syed Abdul Samad Pirzada, Head of History Department of International Islamic University, said the cases of East Timor and Kashmir were similar and the West practiced double standards by supporting the former and ignoring the latter. He said any decision by Pakistan government to grant Most-Favored Nation status to India would be a betrayal of the struggle of the Kashmiri people.

Syeda Qudsia Mashhadi, Editor of Voice of East and a member of YFK, also says that all the Pakistani’s need was to work on three levels to promote Kashmir internally and Internationally at the level of the State, with media and the youth in tow. The Quaid-e-Azam, in a statement had also declared Kashmir to be a ‘jugular vein’ of Pakistan and no Nation could survive for long with its jugular vein under the sword of an enemy. The hearts of Pakistanis beat along with the Kashmiris, and that the sooner we and the media realize this fact the better it would be for the solidarity of the Pakistani nation.

“Dr. Shireen Mazari, Central Information Secretary of PTI also defines the relationship between Pakistan and India. She said only indigenous freedom movements can survive and be successful, and that Kashmir freedom struggle survived for six decades despite up and downs. It is important to realize that Kashmir is not an integral part of India and that it is disputed between Pakistan and India awaiting resolution.”
J. Salik, Minister and Rights activist, said Pakistani CHRISTIANS are ready to play their role in promoting Kashmir’s cause world wide. He said Pakistani Christians played a crucial role in passing the Pakistan Resolution in pre-Independence Punjab Assembly. He said Pakistani Christians were ready to play a role in Pakistan’s most important cause. Senator Akram Zaki, former Secretary General of Pakistan Ministry of Foreign Affairs and former Ambassador of Pakistan to China and the United States, said if the world needs evidence on what the Kashmiris want, all it should do is look at what Kashmiris do on 14 and 15 August each year. On the 14th, Pakistan Independence Day, Pakistan’s Green and Crescent flag can be seen all over Srinagar in full watch of India’s Army. And on the 15th, the Indian independence day, Kashmiris boycott all efforts by Indian Army to celebrate the event. He also revealed that Kashmiris in Indian-occupied Kashmir follow Pakistans Standard Time for even doing they prayers.

Afzal Guru Episode

The Afzal Guru episode has also become a common factor for a majority of members of the J&K legislative to unite. Afzal Guru was a criminal and an Anti National who planned the attack on our TEMPLE OF DEMOCRACY. We played with him for the last decade, since the time he was awarded the death sentence. After his hanging a resolution was moved in the J&K Assembly which sought for the return of his mortal remains to his Family. This resolution was moved by an Independent Member. The Speaker rejected the resolution and no specific reasons were citied. What happened then? Assembly Members stated that the State Government was behaving like a puppet of New Delhi. Why was this resolution not put through the Democratic Process of the ballot box? At that time The Peoples Democratic Party had also boycotted the Assembly till the return of Afzal Guru’s body was not met by India. Was not Afzal Guru who belonged to J&K, was he not an Indian and is not J&K a part of India?
The Chief Minister and The Leader of the Main Opposition Party wrote letters to the then Prime Minister urging him to intervene. However the Independent member who moved the resolution stated in the Assembly and blamed New Delhi for directing all the moves on the issues.

FRANKLY WHEN WE HAVE CATEGORICALLY STATED THAT JAMMU & KASHMIR IS AN INTEGRAL PART OF INDIA, WHY DID NOT INDIA AGREE TO HAND OVER HIS BODY TO HIS FAMILY? THE SUPREME COURT HAS LAID DOWN THAT ANY MORTAL REMAINS OF AN INDIAN CITIZEN WILL BE HANDED OVER TO HIS FAMILY AFTER HIS EXECUTION. IT IS ALSO LAID DOWN THAT HIS FAMILY MUST BE INFORMED ABOUT THE HANGING. WAS NOT AFZAL GURU’S FAMILY LIVING IN KASHMIR WHICH IS A PART OF THE INDIAN UNION? WHY HAS THIS POINT BEEN IGNORED AND WHY WERE WE AFRAID TO HANDOVER A DEAD MAN’S BODY TO HIS FAMILY? It is beyond sensible logic. Our actions should have been simultaneous and conjunctive to make a proper impact on the public opinion of the State in this serious matter.

How Can We Reverse The Situation now?

floodIf we want to succeed, there should be only one Principle we should follow, which is vital for our future relationship. All our Agencies in the Centre and Field must not deviate from the Truth and the methods used to tackle the problem must be Legal and Straight. If Politicians, Administrators and Officers feed their superiors with lies, the true content of a problem can never be determined and the measures we adopt will always be wrong. There is a distinct tendency today on the part of certain People to depart from the truth. If we deceive each other to get Political credit or to dampen criticism, we will never be able to bring our COMBINED MIGHT TOGETHER to fight against violence. We must have unity, compassion, respect for human rights and values and above all, the removal of poverty as our ultimate goal. We appear to have failed in the past on all these accounts also. By Rahul Gandhi’s going to Kashmir with a large number of big Corporate House Owners in tow and informing the People of Kashmir that they would be putting up Industries to ensure Kashmir’s Economic progress in the future is not sufficient Some movement should have taken place by the previous Government.

As of today The PAK Military is not going to sit Silent very long. Once they free themselves of their own problems they will divert their full energy against India which includes J&K and I have no doubt that they have already begun their low key Operations in the Valley with Mujahedeen’s pumped into India and as well Saeeds ISIS Army also!! The Indian Independence Act, 1947, provides that with effect from 15th Aug, 1947 there shall be a setup known as an Independent Dominion of India. The Government of India Act 1935 also provided that any Indian State may accede to the Dominion of India through an Instrument of Accession to be executed by the Ruler thereof. In view of the above the then Maharaja Shri Hari Singh Ruler of J&K State in the exercise of his Sovereignty executed such an Instrument of Accession and declared his acceding to the Dominion of India and agreed that functions as vested under the Government of India Act 1935 were agreeable to him as applicable.

The terms of his Instrument of Accession could not be varied by any amendment of the Act of the Indian Independence Act 1947 unless such amendment was accepted by him. It further laid down that India would not make any Law for the State authorizing compulsory acquisition of land for any purpose. The Maharaja however undertook that should India for the purpose of an Indian Law which applies in the State, deem it necessary to acquire any land he undertook to acquire the land or transfer it to India on such terms as to be agreed to.

Laws applicable to J&K
• However a Schedule of Instrument of Accession contained Legislation to be made for Laws applicable to J&K as under:
Defence: The Naval, Military and Air Forces or any other Armed Forces maintained by India could be located in J&K.
• External Affairs: India could implement Treaties and Agreements with other Countries which may be required.
Communications: All Laws relating to Posts and Telegraphs, including telephones, wireless, broadcasting and other like forms of Communication were to be implemented by the Dominion of India.
Ancillary: To allow Election of Kashmiri’s to the Indian Legislator. Jurisdictions and Powers of all Courts with respect to matters.

Special Powers to Kashmir Under Article 370

Article 370 grants Special Status to J&K but allowed The Power of Parliament to make Laws limited to matters listed in the Union and Concurrent List, as also all those matters specified in the Instrument of Accession. The Constitution recognized in Article 370 gave a Special Status to J&K for granting them AUTONOMY, which is enshrined in the Agreement. This is totally bisark. J&K IS AND WILL REMAIN A PART OF THE UNION OF INDIA. PAKISTAN MUST NOW RETURN THE AREAS UNDER THEIR ILLEGAGL CONTROL.

“I say with all Respect to our Constitution that it just does not matter what our Constitution says; if the people of Kashmir do not want it, it will not go there. Then what is the alternative? The alternative is compulsion and coercion…” “We have fought the good fight about Kashmir on the field of battle… (And)… in many a chancellery of the World and in the United Nations, but, above all, we have to fight this war in the hearts and minds of the men and women of the State of Jammu and Kashmir. Because, ultimately– I say this with all deference– the decision will be made in the hearts and minds of the men and women of Kashmir; neither in Parliament, nor in the United Nations nor by anybody else.”
I am sanguine that the problems of J&K can and will be resolved through giving the People of the State the maximum degree of Growth and Economic progress.

My Recommendations

The Key elements for Future Political strategy should be as follows: –

(a) Confidence building measures, which should include mass contact programmes.
(b) Reassure the Hindu minority (Kashmiri Pandits) that they are welcome back and to ensure their return to their vocations and businesses.
(c) Improve the quality of life and standard of living of the poorer segments in the Valley. This will have to be done by immediately initiating Economic measures. Since tourism is the backbone of their economy, it is essential to develop more facilities for Winter and Adventure Sports.
(d) Release all the detained people who have not so far been charge sheeted.
(e) Prevent the influx of arms across the border by clearing a corridor extending all along the LOC. This may result in strong resentment by the People and therefore it should be done by initiating rehabilitation measures with compensation being paid at extremely attractive rates.
(f) Announce an amnesty for all those possessing illegal arms and offer them an attractive price which may be 50% higher than the going market rate to all those who surrender their weapons.
(g) Constitute without wasting time a fresh Committee comprising State Representatives from each Party, serving Judges of Eminence who will in a time bound frame come out with a viable Solution.
(h) Pending the final outcome- Direct each State of India to reserve 2 to 3 seats for Boys & Girls from J&K to come to Indian Universities and Study to prepare them in all streams to fit them in the Medical, Administration, Research, Police, Armed Forces streams on stipends paid by the Government of India.

Pakistan’s Design

We have to keep a very close watch on Pakistan’s Political as also Military moves. They are today tied up with their own internal problems but they will leave no stone unturned to continue to train and infiltrate into the State in order to build up a strong movement which would help them when and if hostilities break out. Her most likely course of action would be to:

(a) Infiltrate Afghan trained Mujaideens into the Valley and continue to back the Militants. They would thereby hope to increase the intensity of their so called struggle for Independence by the People of Kashmir.
(b) The PAK military will try to concentrate adequate armed forces along the LOC which can step in whenever the situation so demands. They will try to seize some routes of infiltration by occupying the passes.
(c) Pakistan may also try to severe all communications to J&K and thereby hope to cripple us. The role of the Militants in this case would be to blow up our lines of communications, railway lines, ammunition dumps and bridges.

Conclusion

The Political option has the best chance of succeeding in the State. However, contrary to conventional thinking, the Political Option does not begin with the holding of Elections in the State, rather it ends with the successful conduct of Elections and consists in preparing a conducive environment which would bring into operation a functional Political system in the State. The success of this strategy is dependent in a large measure on the State Administration and how successfully can the will of the Administrator be on the Bureaucracy and the Police, the degree of credibility and faith he can convey to the People of the State, both Hindu and Muslim. In a nutshell, the People would like to see an Administrator who means what he says, implements what he decides, is upright in his stature and is known for the above qualities. He should be physically fit to move around and reach the People fearlessly without being surrounded by BLACK CAT COMMANDOS. The Political option to be successful requires consummate Administrative, Brave and Political skills, expert media management and unflinching support from the CENTRAL GOVERNMENT.

If the above measures are sincerely implemented there is no reason why the situation cannot be rapidly brought under control. There is also some talk about the Status of the Ladakh region. Militarily and Geographically neither Ladakh nor Kargil nor Jammu can be surgically separated from Kashmir. If we allow a special status for Ladakh, we shall very soon see the Buddhists demanding part of Himachal Pradesh and merging into a new Tibet. Along with this we will see Kargil with its Muslim population merging with part of the Kashmir Valley and demanding a separate State hood Status and finally we may also have the Kashmiri Pandits Refugees who will also demand a Separate State.