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| Let us find out Paul Octopus to perdict solution of J&K problem? | | | Ramesh Arora (Adv.) | 10/28/2010 10:35:57 PM |
| Centre government is ready to discuss road map for Azadi through its interlocutor or interlocutor have exceeded the limits and travelled beyond the terms of reference. The interlocutors appointed for J&K have suggested introducing amendments in the Constitution to accommodate the discussion on the " Azaadi option" for Kashmir.
"Indian constitution is a beautiful document and there is room for modification with changing times and we can even recommend for the amendments in the Constitution to accommodate the discussions on the Kashmir issue and to find the solution to the problem in line with the aspirations of the Kashmiris," Radha Kumar, one of the three interlocutors told reporters here at the end of a four-day visit to the Valley on Wednesday.
Infact discussion over this subject was taken seriously by New Delhi and Law Minister of India have said that the seminar organized by so-called supporter of Azadi have challenged the law established and have crossed the limits of freedom of speach. Hence, it is an offence under the Indian Panel code.
Whether the Centre government, have allowed interlocutors to open this chapter in the state of Jammu and Kashmir? At the very outset at New Delhi, Dileep Padgaonkar said that he has been empowered to find out a political solution of Kashmir problem. People wants to ask interlocutor to make their stand clear, including terms of reference to public. Whether they are here to find out a political solution to Kashmir problem only or problem faced by people of Jammu and Kashmir.
Centre government can not go beyond the decision of parliament and terms of resolution passed in 1994 regarding Kashmir issue. Resolution says that only dispute with regard to Jammu and Kashmir is to get back PoK. Hence, the interlocutor must understand the authority that they can not work beyond the settled facts and legality. They are not empowered by parliament of India, although they have powers vested in them by centre government.
Infact centre government have created an extra-constitutional authority this authority is itself illegal. Centre government have no power to delegate its power to Interlocutors. Although they have power to appoint any person to suggest the solution. But once some body comes as representative of Centre government, they can not travel beyond the constitutional powers. These restrictions are to be observed by all.
Everybody is aware that NC favours Autonomy as a solution to problem and PDP advocates self-rule formula, BJP is in favour of total merger with India, separatists speaks for Independent state and few favours merger with Pakistan. What interlocutors wants to know which is not known to Govt. of India or State government or to the public. If opinion of different shades is known to all, what interlocutors will find a new dimension. It is not the problem but solution to the problem is to be found and this decision is to be taken by Centre government.
Where from interlocutors got the power to say that in internal dispute of Jammu and Kashmir Pakistan should be involved. The head of the three-member panel, Dileep Padgoankar while interacting with mediapersons also wished to take leaders of Pakistan-occupied Kashmir on board to find the permanent solution to the Kashmir issue.
"Yes we would like to visit PoK to talk to the leadership there to get their point of view on the issue. But there are parts in J&K which do not share the same view as the people in Kashmir valley," Dileep added.
Infact, they may get reference from Shimla agreement, which was entered between Smt. Indira Gandhi and Zulafkar Ali Bhutto of Pakistan. Shimla agreement was with regard to problem/dispute, which surfaced first time, when unilateral cease-fire was made in 1947 by Pt. Jawahar Lal Nehru and matter was referred to United Nation organization. By Shimla agreement, we have tried to find out a solution of respective claims over Kashmir and decided not to invite IIIrd party intervention. So that matter regarding clarim of both countries can be settled in a amicable way between themself. That this agreement is to be red alongwith resolution of 1994 passed by both houses of Parliament in order to understand the problem.
Interlocutors are no body to reopen this chapter for settlement of internal dispute. Present Kashmir problem is law and order problem aided by different terrorist groups and ISI.
Hence, the accession is complete and irrevocable, constitution of Jammu and Kashmir says Jammu & Kashmir is integral part of India. We can not dispute the legal status of our state in any manner.
If the interlocutor wants to know or see road map of Azadi as suggested by them to students of University of Kashmir.
Than they should also know that Jammu have road map and blue print of abrogation of Article-370 for permanent solution to Kashmir problem. Jammu have the other choice also, to be declared as independent state and people of Ladakh wants UT status for them and Kashmir be made IIIrd Independent state to settle the dispute.
We are aware about the views of Interlocutors over Kashmir problem. Dileep Padgaonkar is advocate of autonomy and have supported four (4) point formula of General Pervez Musharraf, while he was a member of Ram Jathmalani's committee over Kashmir. Radha Kumar is known for her approach toward self rule formula. But that approach may be of their own. But once they are working on behalf of Centre government they should realize that they have not only to comment but have to purpose a solution of the problem keeping in view public opinion and constitutional binding.
Infact, till date they have created confusion over the issues by their statements and comments. Jammu & Kashmir is a troubled state facing militancy since 1989 and many have sacrificed their lives to defend this part of our state.
We should not work in a manner which can hurt the sentiments of any community or integrity of the state.
Infact BJP, VHP, KP organizations and JKNPP have rightly decided to bycott meeting with Interlocutors. As Interlocutors are supposed to suggest the method and ways to solve the problem and not to complicate the issue.
Infact as already I have said that people of the state have every right to know about this extra constitutional authority. People have right to ask, why centre or state government is unable to findout a solution to the problem. Whether they don't know the history of state.
Let us understand that treaty of Amritsar and instrument of accession signed in October 26, 1947 and power vested with Maharaja Hari Singh. Infact,every thing was inorder, no conditional merger/accession was made. All should know that 27 per cent Kashmir speaking community wants to dominate the political scenario and militancy suits them.
Anti-India and Pro-Pakistan slogans are raised to black-mail the Centre government to get more and more funds and to keep political power with them.
Hence, the interlocutors should understand the sentiment of public residing in three regions of the state comparising of 26293 sq km area with 3084417 voters in Jammu and 15948 sqkm area with 3260663 voters in Kashmir and 59146 sqkm area with 152192 voters in Ladakh and their aspiration of those who have voted NC and Congress coalition into the power.
Public have every right to know, why we have created this extra-constitutional body? why state government have lost its authority? It state have failed to discharge its constitutional function and have failed to protect life and property of a common citizen, what locus it has to continue in power. Let us conceed this fact and step down to protect the democracy and to get rid of extra constitution bodies of so-called non-political persons, authorized to find out a political solution. If we have no power to understand the problem let us go and find out another Paul Octopus of Germany to perdict the solution of Kashmir problem.
Ramesh Arora (Adv.)
BJP State Spokesperson
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