Legal Status of Jammu and Kashmir: Realisation of Bitter Facts

By Dr. Shabir Choudhry

Even after 73 years of division of the British India, still there is confusion and controversy on legal status of the former Princely State of Jammu and Kashmir. In light of legal documents, I have endeavoured to establish the exact legal position of Jammu and Kashmir.

Apart from that the UN Security Council Resolutions on Jammu and Kashmir dispute are analysed; and why they could not be implemented. Which country refused to implement them or created hurdles. After the Simla Agreement and the Lahore Declaration, can these Resolutions play any role in resolution of the dispute.

Also, I have analysed Article 370 and 35A of the Indian constitution, and how India disregarded the pledges made to the people of Jammu and Kashmir; and unilaterally changed the status of Jammu and Kashmir.

In addition, I have analysed the role of Pakistan, and how they betrayed people of Jammu and Kashmir to satisfy their imperial agenda. Furthermore, how Pakistan is promoting extremism, terrorism, intolerance and religious hatred in Jammu and Kashmir; and how it is hurting people of Jammu and Kashmir on both sides of the divide.

Besides that, I have analysed the impact of these changes on the people of Jammu and Kashmir, and how they have responded. What people of Jammu and Kashmir should do when they are forcibly divided, and when their motherland is under control of three nuclear countries, namely India, Pakistan and China.

• Language: English
• Publisher: AuthorHouse UK
• Release date: Aug 16, 2020
• ISBN: 9781728356006

Dr. Shabir Choudhry

Dr Shabir Choudhry is a renowned Kashmiri intellectual, writer, scholar and a senior leader of United Kashmir Peoples National Party. Throughout his adult life, he has championed the cause of united and independent Jammu and Kashmir with secular and liberal society. He has courageously spoken for the rights of minorities and oppressed people, and has been a victim of Pakistani establishment.

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Published by AuthorHouse   08/13/2020

ISBN: 978-1-7283-5564-1 (sc)

ISBN: 978-1-7283-5600-6 (e)

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Even after 73 years of division of the British India, still there is confusion and controversy on legal status of the former Princely State of Jammu and Kashmir. In light of legal documents, I have endeavoured to establish the exact legal position of Jammu and Kashmir.

Apart from that the UN Security Council Resolutions on Jammu and Kashmir dispute are analysed; and why they could not be implemented. Which country refused to implement them or created hurdles. After the Simla Agreement and the Lahore Declaration, can these Resolutions play any role in resolution of the dispute.

Also, I have analysed Article 370 and 35A of the Indian constitution, and how India disregarded the pledges made to the people of Jammu and Kashmir; and unilaterally changed the status of Jammu and Kashmir.

In addition, I have analysed the role of Pakistan, and how they betrayed people of Jammu and Kashmir to satisfy their imperial agenda. Furthermore, how Pakistan is promoting extremism, terrorism, intolerance and religious hatred in Jammu and Kashmir; and how it is hurting people of Jammu and Kashmir on both sides of the divide.

Besides that, I have analysed the impact of these changes on the people of Jammu and Kashmir, and how they have responded. What people of Jammu and Kashmir should do when they are forcibly divided, and when their motherland is under control of three nuclear countries, namely India, Pakistan and China.

CONTENTS

‘Which part of Jammu and Kashmir is not occupied?’

1. Preface

2. Introduction

3. Two Nation Theory and Princely States

4. Views of Jinnah and Mountbatten on Jammu and Kashmir

5. Was accession provisional?

6. Counter narrative

7. Who is aggressor in Jammu and Kashmir?

8. Why Jammu and Kashmir dispute was referred to the UN?

9. Right of self-determination or a right of accession

10. Conclusion

Part Two

1. Who is a traitor in Jammu and Kashmir

2. Article 370 explained briefly

3. Apart from Jammu and Kashmir other States with Special Status

4. Narrative of Indian critics

5. Counter narrative

6. Role of Pakistan

7. Sincerity of a Big Brother to people of Jammu and Kashmir.

8. So called Azad Kashmir Government and Pakistan

9. Situation in Pakistan and Jammu and Kashmir

10. Shifts in Pakistan’s policy on Jammu and Kashmir

Part Three

1. Position of Jammu and Kashmir after 05 August 2019

2. Response of people of Jammu and Kashmir

3. Why International Community Rejects Pakistani Narrative

4. Our role and Future strategy

Part Four

1. State of Jammu and Kashmir is exterminated, Dr Shabir Choudhry London 05 August 2019

2. Statement

3. Memorandum

4. Dublin Declaration

5. Humble request to the UN Security members from citizens of Jammu and Kashmir State. London 15 August 2019

1. PREFACE

My kind of loyalty was loyalty to one’s country, not to its institutions or its office-holders. Mark Twain

Nations and communities fight for liberation of their homeland, and to acquire more rights and resources. It is sad that many people of Jammu and Kashmir fight to strengthen their occupiers, and to defend their slavery and chains.

If a question is asked, who would fight a war and offer sacrifices; and still wish to remain a slave, one can safely say: Muslims of Jammu and Kashmir.

When I say Muslims of Jammu and Kashmir, of course, I don’t mean all Muslims of Jammu and Kashmir. However, the readers will find out that many Muslims of Jammu and Kashmir betrayed their oath, and sided with those who wanted to occupy Jammu and Kashmir.

With this brief preamble, I want to say a little bit about this book. In preparation and publication of this work, which may be perceived as controversial by some people, I was encouraged and supported by senior leaders of United Kashmir Peoples National Party, including the Party Chairman, Sardar Shaukat Ali Kashmiri, Nasir Aziz, Jamil Maqsood, Sardar Amjad Yousaf, Qamar Khalil and many others.

I must emphasise from the outset, that I have always supported united and independent Jammu and Kashmir with secular and democratic society. My political party, United Kashmir Peoples National Party, also adheres to ideals of secular and liberal society, and actively, but peacefully struggles for united and independent Jammu and Kashmir.

I wrote this book, as a researcher, political analyst and a student of history. I wanted to correct the historical record, irrespective of what people may say to me. People will show their reaction to this in accordance with their knowledge and experience; and moreover, in light of their political, social and tribal affiliations.

I was prepared to face the consequences on my own, as I have always done in the past. To promote truth, peace, human rights and cause of united and independent Jammu and Kashmir, I have encountered many storms in the past.

To promote fundamental rights of all citizens of Jammu and Kashmir, and noble cause of united and independent Jammu and Kashmir, which has always been very close to my heart, I am prepared to face more political storms and opposition.

However, this time, the above-mentioned people of the UKPNP said:

‘You are not alone in this struggle. This is our struggle too. We appreciate your written contribution, and intellectual discourse on various aspects of Jammu and Kashmir history and politics.’

‘Whatever the reaction of the people, we will all face it as a team, and as a political party, which has systematically promoted peace, human rights and shattered many myths associated with history and politics of Jammu and Kashmir State.’

I thank my respected colleagues, and assure them that our struggle for peace, justice, equality and other fundamental rights of our people will continue.

I have endeavoured to present the legal status of Jammu and Kashmir, as I see it. Other people may have different view on this. However, I must add that I have an unwavering commitment to the cause of United and independent Jammu and Kashmir.

My party, UKPNP, like me, has also a strong commitment to the United and independent Jammu and Kashmir. I always try to promote unity and coherence not only in the party, but also in the ranks of other like-minded people involved in the struggle. We all have to work as a team to advance our cause.

I hope this book will help people to understand the legal status of our divided State of Jammu and Kashmir, and formulate their policies accordingly.

Finally, I admire courage and wisdom of Amjad Yousaf for agreeing to write an introduction to this work, and sincerely hope that it will generate a debate which will ultimately help divided and suffering people of Jammu and Kashmir.

Nageena Choudhry is not only my daughter, she is also my legal advisor, friend with whom I can discuss political matters and take advice. In my autobiography, I referred to her as; ‘a daughter who is better than ten sons’.

This book is in four parts. I sent part one to my daughter to read and give me her feedback. She was very impressed with my hard work and presentation. She wrote back:

‘It’s factual piece of genius work. Concise and to the point and neutral. But the Pakistanis will hate you more.’

She highly praised my work. She said, It was well written, logically presented and a lot of research to prove your points. What you have written makes a lot of sense. It means legally India is correct and Pakistan is the culprit. Then why struggle against India?

I am converted, she said. Does that mean I am also an Indian agent, and a traitor?

I replied, don’t worry, everyone who speaks truth is a ‘traitor’ in the land of pure, and in Jammu and Kashmir. I further said, read parts two and three, and you will understand, why we need to continue the struggle for united and independent Jammu and Kashmir.

Finally, I want to thank Amjad Yousaf for writing an introduction, and Nageena Choudhry for writing a foreword to this book.

Dr Shabir Choudhry, President Foreign Affairs Committee of UKPNP, author, researcher and political analyst.

London May 2020

Email: [e-mail] Twitter: @Drshabir

http://drshabirchoudhry.blogspot.com/ https://www.facebook.com/shabir.choudhry

2. INTRODUCTION

This work is the latest written contribution of Dr Shabir Choudhry, who has authored more than 67 books and booklets on various topics related to Jammu and Kashmir.

This new book, Legal status of Jammu and Kashmir - Which part is not occupied, is written in response to a question people frequently asked him.

Dr Shabir Choudhry has presented facts, which some people may find difficult to digest at present, because they have been fed with lies, propaganda and concocted stories for the past 70 years.

United Kashmir Peoples National Party strongly believes in United and independent Jammu and Kashmir with liberal and secular society. Dr Shabir Choudhry, as a senior leader of the UKPNP, not only adheres to this policy, but also has a track record of promoting this policy without any ambiguity.

Many people of Jammu and Kashmir have benefitted from Dr Shabir Choudhry’s books and research. In this book, he has succinctly explained exact legal status of each part of our forcibly divided State.

Those people who have read distorted stories, and are influenced by fairy tales explained in the Pakistan studies, may find it difficult to accept these bitter facts. However, they should understand that facts remain facts, whether we accept them or not.

I expect this book to initiate a new debate on the narrative presented here. I hope this discussion, and interaction will help people to understand views of different political parties and individuals; and learn from each other.

Apart from the above, I emphasise that the State Subject Ordinance granted all citizens of Jammu and Kashmir State a special status, and no country has any power to abrogate that status, and deprive us of our fundamental human rights.

I reiterate that State Subject Laws must be respected in all parts of the divided State; and in this regard, Pakistani government must honour their obligations assumed under the UNCIP Resolutions. Similarly, India must honour their obligations assumed under the Treaty of Accession and the UN Resolutions. Furthermore, right of expression and fundamental human rights of people must be respected in all parts of the divided State.

Our struggle for united and independent Jammu and Kashmir has always been peaceful, and we have always shunned extremism, terrorism, violence, religious hatred and intolerance. Despite all the odds, our peaceful struggle will continue.

Finally, I urge the UKPNP to adopt this document as an official document of the party; and promote strategies in light of historic documents. If our struggle is not based on historical facts, and is influenced by concocted stories by extremists and occupiers, then we can continue to give sacrifices, and will never reach our destination.

Sardar Amjad Yousaf, President UKPNP, Europe.

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3. TWO NATION THEORY AND PRINCELY STATES

A patriot must always be ready to defend his country against his government. — Edward Abbey

1. A question that some people have repeatedly asked me, and which I have been deliberately avoiding is the one below:

‘Which part of Jammu and Kashmir is not occupied?’

2. People from my party, United Kashmir Peoples National Party, and some belonging to other parties have also asked me to clarify this important question. One Azad Kashmiri said:

3. ‘I have seen your writings, where you say that the entire State of Jammu and Kashmir is occupied. Also, you, at times, write, Indian occupied Jammu and Kashmir and Pakistani occupied Jammu and Kashmir. Whereas, views of some of your party colleagues are different. Can you please clarify this ambiguity?’

4. Views expressed below are mine, and not that of the UKPNP. I am only presenting a legal position, as it is understood by me, and the international community. I am not advocating or supporting positions of New Delhi or Islamabad on the Jammu and Kashmir dispute.

5. However, before I do that, I want to state clearly what I want. I have always supported united and independent Jammu and Kashmir, with a secular and liberal society. I have been very sincerely working for this objective. That is my desire, it is my wish, and that is my ultimate goal.

6. I strongly believe that my party, United Kashmir Peoples National Party, is also working for the united and Independent Jammu and Kashmir. It is because of this common agenda, and shared values that we are working as a team.

7. Despite the legal status discussed here, I sincerely believe that the best option for people of Jammu and Kashmir is to attain united and independent Jammu and Kashmir. It is in United and Independent Jammu and Kashmir, we can protect and promote interests of all ethnic groups, and flourish as citizens of Jammu and Kashmir.

8. It is sad that some people of Jammu and Kashmir are bewildered, as they fail to distinguish between desire, propaganda, fiction and fact.

9. I am going to present some facts. They may be disliked by some because they have been influenced by false propaganda of those who occupy us and who have brutally distorted our history.

10. Like other people, I also have some desires, ambitions and goals; but these are different to the irrefutable facts I am going to present. I urge people to formulate policies in light of these facts.

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11. The 1935 Government of India Act explains the status of Princely States as follows:

‘The Indian states, unlike the British Indian provinces, possess sovereignty in varying degrees and they are, broadly speaking, under a system of personal Government. Their accession to a Federation cannot, therefore, take place otherwise than by the voluntary act of the Ruler of each State, and after accession, the representatives of the acceding state in the federal legislature will be nominated by the ruler and its subjects will continue to owe allegiance to him’.

12. First point we need to understand is that the Two Nations Theory did not apply to Jammu and Kashmir, and other Princely States. This means, Jammu and Kashmir State did not belong to Pakistan just because it had a Muslim majority.

13. The government of Pakistan by entering in to a bilateral agreement with the State of Jammu and Kashmir acknowledged this fact that Jammu and Kashmir was a separate political entity. This agreement with Pakistan was known as a Standstill Agreement. I shall provide more details of this later on.

14. The Crown Representative, and Governor General of undivided India, Mountbatten asserted that after lapse of the British Paramountcy, the Princely States will legally and technically become independent. This view was supported by constitutional experts like Mohammed Ali Jinnah, founder of Pakistan. ¹

15. Pandit Nehru, on behalf of the Indian Congress wanted the people of Princely States to decide the future of their states. Mohammed Ali Jinnah, on behalf of the Muslim League, insisted that the Rulers of the Princely States should take this decision.

16. As it was not practically possible during that turbulent time to let people ascertain their will with regard to future of the Princely States, Mountbatten supported the suggestion of Mohammed Ali Jinnah - that Rulers of the Princely States should decide future of their States. This principle was also accepted by Pandit Nehru. The Rulers were asked to decide by taking geographical position and composition of their subjects in to consideration.

17. The State of Junagarh had no land link with Pakistan. Its Ruler was a Muslim; and population was more than 80% non-Muslim, and had no land link to Pakistan. Because the Two Nations Theory was not applicable to the Princely States, and the Rulers were permitted to decide the future of their states, the Ruler of