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| On what ground Pak claims over Jammu & Kashmir State legally | | | AN Bharadwaj
In the back drop of the un-favour
able developing situation in South Asia, the US National Security Advisor HR Mc Master castigated Pak-civil and military mentors to confront terrorism in all forms for the peace and harmony in the region, appeared in the media in April 2017, but his advice was not taken in its view to provide peaceful atmosphere for bilateral Indo Pak talk.
While India has already been demanding time and again that it would not yield any positive result of the bilateral meeting under the shadow of swords, therefore Pak should first stop the terrorism close the terror arms training camps, dismantle the terror infrastructure as committed by Pakistan internationally, stop to continuous ceasefire violation of LoC to support to get them sneaked form its soil with the help of its forces into Indian state of J&K, to bleed the people with the aim at to up root the border villagers to develop holocaust for their rehabilitation problem and other unrest of their economical ruination.
It is very strange and unfortunate that the UN authorities concerned did never divert its attention to Pakistan for unauthorized interference in Kashmir affairs and foster unrest, while enough matter with documentary proofs has already been provided officially and non officially to it time to time for its awareness eve then it is amazing that during discussion on international forms the Kashmir is referred as administrated Kashmir. As referred during UN 33rd regular session held during September 2016 of the UN Human Rights Council, which gave a wrong message to the big powers of the world fostered confusion unnecessary, where in Indian permanent representative had to inform in clear verdict that J&K state is an integral part of India.
In this regard his highness the Maharaja of Jammu and Kashmir acceded to India in accordance of an Instrument of Accession to India vide Indian Independence Act of 1947 as per survey of Indian map issued with the permission of surveyor General of India of 1942, well recognized by UN Security Council and admitted the state sovereignty over India surrendered by his highness the Maharaja J&K State, in favour of India.
The constitutional status of Jammu & Kashmir State is that Article I of Indian constitution guides that Jammu & Kashmir is an integral part of India, it figures at number 15 in the list of Indian States. Article-I is a part of the basic structure of the Indian Constitution and it cannot be altered even by the Indian Parliament, The highest law making body in the country. As for the Jammu & Kashmir Constitution, its Section-3, which is also a part of the basic structure of the Constitution, speaks in unequivocal terms that the State of Jammu & Kashmir is and shall be an integral part of India.
After with drawl of the case from his UN Security Council on the initiative of Pakistan it was decided mutually to solve mutual difference bilaterally without any mediator or any their party. Consequent upon the mutual understanding the Prime Minister of India, Indira Gandhi invited the Pak Prime minister Zulfikar Ali Bhutto at Simla in 1972, for meeting where in it was decided to release Pak war prissiness who were released according to the Pak aspirations and cease fire line was converted into actual line of control. The meeting was concluded in positive atmosphere, but since then so many meetings between India and Pakistan were held but nothing any sort of development on Kashmir issue was appeared except increasing of Pak proxy violence generating terrorism through its valley based stipendiary lobby to hit the State people resulting in uprooting 4 lakhs indigenous Kashmirivc Hindus who pushed out from the valley their properties and other assets were set on fire, their women folk were molested and abducted frequently and hundreds and hundreds were killed brutally by its valley based lobby by misusing religion despite Indian continued efforts to solve the mutual differences peacefully vide Simla agreement but it evaded for direct talk with India. Any how the Indian Parliament passed a resolution on 22nd February 1994 and after a year or so a reminder was submitted having informed Pakistan to vacate occupied Indian State territory encroached upon during aggression in 194 vide the representation submitted by India to the UN Security Council with the request that Pak invaded of Indian State of Jammu and Kashmir committed bloodshed and encroached upon 1/3rd part of the State territory, which may kindly be got vacated peacefully and stropped further bloodshed resulting in it declared cease fire and stopped further bloodshed and during contesting the case an resolution was passed by the UN Security Council vide Indo-Pak mutual agreed proposal for plebiscite and ask Pakistan to vacate occupied territory from its forces and aliens and provide the congenial atmosphere for plebiscite process. Pak evaded complying with its instructions. The reminder one after other was issued but had been unheard. Hence the issue was closed once for all by it. On the other side, Indian parliament against passed resolution on 14th August 2013, on the same issue Alas it was ignored there three resolution passed by Indian parliament deliberately ignored.
The foreign Minister India again declared to hold the bilateral meeting in peaceful atmosphere and stop the he violence as I was not possible talk under the horror of guns but again it was ignored and the meeting was cancelled. He Foreign Minister India in 2015 declared on the UN forum to ask Pakistan hat it should stop first terrorism for bilateral talk, which was necessary for peaceful atmosphere, and inform also the mode of abandon the Indian State territory encroached upon during aggression of 1947, and other territory of Gilgit Agency occupied illegally during loot and plunder holocaust and chaos due to the partition of the British India. The entire state of Jammu & Kashmir including illegal occupied century is an integral part of India, vide demarcated by Surveyor General of British India of 1942, under the order of the His Highness Government as referred to above.
Kindly look at the chronological events:-
1. Pak grabbing- it committed aggression on the Jammu and Kashmir State latter on Pak jumped itself in aggression en-mass killing and bloodshed.
2. Violated standstill agreement made with the State Government afterwards transgression of international border without regarding international Law and consequences.
3. The quick moving ahead by killings who so ever appeared before them, killing of state forces capturing territory after territory of the State lamenting cry of people for lease of their lives, resulting in perplexing the Ruler of the State.
4. In that chaos confusion and restless the helpless Ruler had no other alternative of his survival except to merge his State with India. Hence he accede to Indian vide instrument of Accession, resulting in Indian forces saved the lives of the people and the boundary of the state.
5. India submitted a representation to the UN Security Council with request of Pak-committing an aggression on its State of Jammu and Kashmir, and bloodshed encroached upon its State territory which may kindly be got stopped and surrendered in its favour by clarifying internationally that they could have given befitting reply in the same manner but due to its back ground of non-violence had submitted a representation for help from the world body.
6. During contesting case the Pak leveled so many charges against India of killings abducting and bloodshed and challenged the State sovereignty which India has over it. The issue was discussed and thoroughly probed and pleaded in length and found that Pak had no base to prove its any charge leveled against it and fund the state sovereignty which India has over it surrendered by the Ruler in favour of India was according to the provider and admitted by as well as the world powers and Pak was branded as an aggressor country.
7. Afterwards Indo Pak was decided mutually that difference whatever may be would be decided bilaterally without interferences of any third party or any mediator consequent upon the decision the Prime Minister Indira Gandhi and Zulfikar Ali Bhutto respectively entered into an argument to decide the Kashmir issue bilaterally without any mediator, in 1972.
8. Accordingly the Pak-war prisoners of 92 thousand were released in view of his aspirations along with his other demands were showered by her besides the cease fire line was concerted into the line of control and the process of further negotiation to solve other issues was started.
9. Since then so many Indo-Pak meting have been took place but Kashmir issue in any agenda had not discussed. However, India has been time to time demanding and asking Pakistan to surrender its territory in quest but every time no heed was taken by Pakistan on the issue.
10. Despite assurance given by Pakistan internationally to stop generating terrorism from its and its controlled soils close all terror infrastructure but no action was taken by it, it increased the terrorism to bleed India.
11. It knocked the door every world power especially UNO on so called Kashmir issue as an aggrieved but it did not receive positive reply from any quarter of the world because of that issue bilateral. Therefore it was not possible for them to intervene into that bilateral affair and advised to solve it bilaterally even then it did not stop its chanting of human rights violations and blames against India.
12. In the light of the legal facts, as mentioned above, Pakistan has already been branded as an aggressor country, and the State accession to India been admitted world over. Which it UN challengeable and non negotiable as well as irrevocable.
13. The issue is only to surrender the Indian State territory encroached by upon by it.
14. India out of its sovereignty, some parts, was surrendered to Jinnah headed all India Muslim League with the assurance for everlasting peace, by granting for their home land with the guarantee of independent nation in the world but soon after emerging Pakistan, it invaded of Jammu and Kashmir State and discontinued the political relations, and followed the path of violence to bleed India with the help of Muslim powers of the world under working nation.
15. Pak adamantine attitude to bleed India through its terrorism and foster unrest and instability and grab neighbour country territory either this or that way, despite admonishing it worldwide did not change its vision while so much so rejecting its claim on the basis of the contiguous sate territory. When the Kashmir case was on the verge of dismissal against Pakistan in the UN Security Council, the Pak Council Sir Feroz Khan Noon prayed before the council to grant one more an opportunity in support to his case on the basis of Kashmir was a Muslim majority territory if they were contiguous, which should go to Pakistan, but his argument fallen flat within argument that the Indian National Congress which had faith on secularism, had never accepted two nation theory, as such case was dismissed against Pakistan.
16. It is not possible for India to discuss with Pakistan on further territorial basis and create new problems for other million Muslims who have been residing tin other parts of the country.
17. After dismissal the case against Pakistan withdrawn from the UN Security Council by their Indo-Pak countries declaring the verdict for Secretary General UNO internationally of absolving all obligation of its Kashmir relating resolutions on these were now no weight in the light of Simla agreement in that event Pakistan cannot misguide the world that Kashmir relating UN dead resolution regarding plebiscite does not carry now rejected already by Pakistan no weight and ins needed to be discarded bilaterally as stipulated by Simla agreement.
Concluding its is requested o judge itself on the facts based legal and historical events of stand taken by Pakistan without any legal ground and its jumping efforts for garbling the Indian sovereign territory on the basis of an aggressed. |
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