'An unimpressive manner'
Dr. Syed Nazir Gilani
People of the State of Jammu and Kashmir are distributed under three administrations on either side of Line of Control (Cease Fire Line). The common character that binds them as a nation or as a legal person is the State Subject Law of 20 April 1927. Prime Minister of AJK has responded to my column published on 24 October 2011 and in fact is the first article contributed by any Prime Minister of AJK in any newspaper published from J & K. The effort made by Chaudhry Abdul Majeed is a good beginning in reaching out to people on the other side of LOC. Unfortunately he has failed to make a case on merit and has misquoted facts. I would restrain myself to the substantive merits of his opinions on Emma Nicholson's report on Kashmir and the comparisons of the preambles of the Constitutions of AJK and J & K.
It is important to correct the PM that the report was commissioned by the Committee on Foreign Affairs (CFA) in the European Parliament. Baroness Nicholson of Winterbourne acted as a Rapporteur for the interests of the CFA. She visited AJK and J & K in June 2006 with the express permission of the Government of India and Government of Pakistan. The report titled "Kashmir – Present Situation and Future Prospects" was adopted by the European Parliament on 24 May 2007 by a majority vote of 522 in favour, 9 against and 19 abstentions. The allegation made by Chaudhry Abdul Majeed that the author supported Emma Nicholson in "producing a controversial report which favoured Indian position on Kashmir" is ridiculous. Author could not have influenced the Committee on Foreign Affairs (CFA) in the European Parliament and persuaded 522 members in the European Parliament to vote in its favour. The present PM was a common PPP activist at that point and should have known that his party leader Benazir Bhutto appreciated the work done by Emma Nicholson. It is true that the author requested Emma Nicholson to take a neutral position on right of self-determination and leave it to the ultimate choice of the people of Kashmir. Emma Nicholson very kindly accommodated the request and deleted her adverse observation on the right of self-determination.
The understanding of the Prime Minister of the two preambles in the Constitutions of J & K and AJK is poor and without merit. Constitution of J & K was adopted on 17 November 1956 and not 1957 as suggested by the AJK PM. It is important to point out that Chaudhry Abdul Majeed's comparison between the two preambles makes him an unimpressive advocate of AJK Constitution. The preamble of AJK Constitution has not been correctly quoted. It reads "in the discharge of its responsibilities under the UNCIP Resolutions, the Government of Pakistan has approved the proposed repeal and re-enactment of the said Azad Jammu and Kashmir Government Act 1970 and authorised the President of Azad Jammu and Kashmir to introduce the present Bill in the Legislative Assembly of Azad Jammu and Kashmir for consideration and passage".
AJK Constitution Act has been authored and approved by the Government of Pakistan and carries an instruction for the "the President of Azad Jammu and Kashmir to introduce the present Bill in the Legislative Assembly of Azad Jammu and Kashmir for consideration and passage". On the contrary the preamble of J & K Constitution adopted on 17 November 1956 begins as "We the People of the State of Jammu and Kashmir....de hereby adopt, enact and give to ourselves this Constitution".
I have continued to have an issue with the Constitution of J & K, not on the basis of the kind advocated by Chaudhry Abdul Majeed but on the basis of the jurisprudence of UN Resolutions on Kashmir. J & K Assembly is infirm in its legislative representation for the continued deficiency under article 48 of the Constitution. It is under notice of UN Security Council Resolution of 30 March 1951 for the last 58 years. J & K Assembly is elected from a part of the territory and has been cautioned by the UN Resolution on 30 March 1951 that it can't take any decision in respect of the future of the State, which is in violation of the UN mechanism on Kashmir. In the same manner I have continued to have issue with the Constitution of AJK.
The AJK Constitution does not recognise the office of the PM in respect of any work for the right of self-determination under UNCIP Resolutions. Article 11 of the AJK Constitution recognises the office of the President in respect of a Plebiscite and UNCIP Resolutions. It may be so but no President has ever made any attempt to discharge this Constitutional duty. A writ petition argued in the High Court of AJK from 1992-1999 by JKCHR (author) urging the President of AJK to discharge his duty under article 11 has failed to have any impact on the Government of AJK.
Prime Minister AJK has conducted himself in an unimpressive manner in his article Srinagar Vs Muzaffarabad – A true perspective. Chaudhry Abdul Majeed as a genuine PPP activist should have known about the 13 page email sent on 23 February 2001 by his party leader Benazir Bhutto to the author (Dr. Syed Nazir Gilani) on SGS case, requesting him to take up the issue at the UN. As a consequence the author made a 4 page representation on behalf of Benazir Bhutto on the question of her planned conviction and maltreatment of her husband Senator Asif Zardari. We succeeded to get a relief from the Supreme Court of Pakistan and SC quashed the conviction of Benazir Bhutto.
I have known Prime Minister AJK for some time and would have expected a better contribution in defence of right of self-determination and AJK Constitution from him. Unfortunately the office of PM in AJK has continued to rest on fragile shortlisting and the present choice suffers from the same hangover. A commoner could be excused for his ignorance and bias.
However, a PM charged to "provide a better Government and administration of AJK until such time as the status of AJK is determined under UNCIP Resolutions", should remember that the President of Pakistan during PPP Government on the International Peace Day on 19 September 1995 has said in public "I would like to place on record my deep appreciation of the persistent endeavours of Syed Nazir Gilani and his Jammu and Kashmir Council for Human Rights for the just cause of self-determination of the people of Kashmir. I am confident that the useful work done by JKCHR and other such NGOs will bear fruit and the struggle of the Kashmiris will surely succeed because it is an indigenous struggle which comes from within the ethos of the Kashmiri people".
It is unfortunate that like a foolish crow holding a piece of cheese in his mouth the PM has been tricked by a clever fox to sing a song and the piece of cheese in his mouth has fallen on the opening of his mouth.
Author is London based Secretary General of JKCHR – NGO in Special Consultative Status with the United Nations and can be mailed at dr-nazirgilani@jkchr.com
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Warm Regards
Mir Imran
Co-ordinator
Kashmir Chapter - JKCHR
Peer Bagh, Srinagar
Kashmir - India
Ph. 0091 194 2105927,
0091 194 2433032.
Fax. 0091 194 2431262
Mobile: 0091 9796138002
Email: -
kashmirchapter@jkchr.com
jkchr-sgr@hotmail.com
mir_imran@in.com
www.jkchr.com
Tariq Khattak, Islamabad, Pakistan.
GSM = 0300-9599007 and 0333-9599007
Email: Tariqgulkhattak@gmail.com
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