Prof. Bhim Singh
National Assembly of Pakistan on 23rd October, 2014 again tried to exploit its own people by invoking the so-called UN Resolution vis-à-vis Jammu and Kashmir. Pakistan National Assembly has taken a U-turn in its attitude towards the UN Resolution on J and K dated 13th August 1948 by seeking UN intervention to ensure that the wishes of the Kashmiris are carried out. The UN Resolution was buried in its womb by Pakistan itself in 1950 when it refused to implement it. Pakistan managed to get Anglo-American support to divert the attention of the Pakistanis from the mandate of the UN Resolution which directed Pakistan to vacate all occupied territories of J and K. Justice Dixon of Australian High Court was appointed to report to the United Nations on the issue of the implementation of the UN Resolution of August, 1948. Justice Oven Dixon at the instance of Anglo-American Bloc flouted a neo theory later called Dixon Plan to divide J and K on communal lines. This Dixon Plan was rejected by Pt. Jawaharlal Nehru right in 1952. Pt. Jawaharlal Nehru got Sheikh Abdullah dismissed from his job and arrested in 1953 as Sheikh Abdullah had declared his support to Dixon Plan after his return to UN Assembly as an Indian delegate in 1953 itself.
Last month Pakistan Security Advisor on Foreign Affairs has made several statements in connection with Indo-Pak relations vis-à-vis J and K in the recent past. No doubt, Nawaz Sharief is in trouble as Pak Army is trying to find out ways and means to return to power and that is possible only if the democratic government is thrown out of power in Islamabad. This is exactly what was done by General Musharraf in 1999 when Nawaz Sharief was dislodged from power and military rule replaced democratically elected government in Pakistan. The pretext was humiliating defeat of General Musharraf in Kargil. Nawaz Sharief earned hostility with the White House (USA) when he refused to allow Pentagon to fix its basis in Baltistan, around Siachin. Nawaz Sharief managed to return to power through most difficult situation and circumstances. He has been experiencing internal uprising within Pakistan sponsored by the ISI backed CIA as the US intends to dislodge Nawaz Sharief.
Nawaz Sharief got first chance to appeal to the Pak masses by invoking the so-called K-issue on the floor of the General Assembly of the United Nations last month which was, may be, necessitated by the events within the country that rocked Pakistan. Anyhow, India got an opportunity to expose Pakistan for shedding crocodile tears. Prime Minister Modi missed a grand opportunity to let 193 World Assembly know as to who violated the UN Resolutions on J and K right from day one.
Sartaz Ali speaking on the behalf of Pakistan has written another letter to the Secretary General of the United Nations demanding implementation of the UN Resolution on J and K. Pakistan has provided one more opportunity to the Indian leadership to strike back when the iron is hot through diplomatic and international channels which are available to the Indian leadership at the very threshold of the United Nations where Pakistan has tried to knock again. Pakistan has to be told in clear terms of the resolution without feeling shy at all.
Pakistan has asked UN for its intervention for the implementation of UN Resolution. Pakistan should have gone through the speech made by V.K Krishna Menon, India’s representative in United Nations in1957 who raised several issues in connection with the violations of UN Resolution vis-à-vis Jammu and Kashmir. He questioned Pakistan on its aggression against J and K (India) in 1947 and other violations. The situation in 2014 provides strong evidence against Pakistan for having violated the Resolutions of the United Nations vis-à-vis J&K. Firstly, the resolution of the Security Council of United Nations (UNCIP) dated 13th August 1948 had directed Pakistan to vacate all occupied territories of J and K. These territories include entire POK (Ladakh-Kashmir), Gilgit-Baltistan, Chitral and Hunza comprising 32,000 sq. miles of Indian Territory occupied by Pakistan in 1947/48. Secondly, the UN Resolution specifically commanded that entire territory of J and K shall remain under the control of the Indian Army limited to the strength meant to maintain law and order. Thirdly, the UN Resolution directed the Govt. of J and K (the government of Maharaja Hari Singh, who was still the ruler of J and K as his rule was terminated on 20th August, 1952 by a resolution passed by the nominated constituent Assembly of J and K) to appoint the nominee of the United Nations as the commission for holding plebiscite in J and K. Fourthly, the United Nations made it clear without any ambiguity that the residents of J and K shall have to choose between India and Pakistan. There was no such thing as wishes of the people or for any third choice.
India has failed to expose Pakistan’s designs to violate deliberately and intentionally the UN Resolutions. Firstly, Pakistan leased out 4,600 sq. miles of Indian Territory in the Karakoram Highway (Baltistan) in 1963 for 99 years to China. China has built its National Highway connecting Beijing with Peshawar (Pakistan) through the Indian Territory (Baltistan) ceded by Pakistan to China. China has raised strong defence structures including 60 helipads for offensive purpose. Pakistan committed another violation in seventies by declaring Chitral, a District of Gilgit as a district of Pakistan in another violation of the UN Resolution. Pakistan committed a grave violation of the UN Resolution in 2009 when Pakistan declared, through a notification, entire Gilgit-Baltistan comprising 28,000 sq. miles of Indian Territory as integral constituent of Pakistan. Pakistan declared Gilgit-Baltistan as its fifth province. Pakistan has held election to the Legislative Assembly of Gilgit-Baltistan in 2010 styling its Chief Executive as Chief Minister which is a glaring example of throwing entire UN Resolution to the winds. Pakistan has kept only a small piece of J and K territory from Mirpur to Muzaffrabad comprising about 4,500 sq. miles of the State territory projecting it as ‘Azad Kashmir’. The entire leadership of J and K on the Pak-side has been questioning the authority of Pakistan Government for having annexed Gilgit-Baltistan with Pakistan. The most shocking phenomenon is that entire leadership of India right from 1963 to this day has never tried to raise this horrifying picture of Pakistan’s game to destroy the very mandate of the UN Resolutions vis-à-vis Jammu and Kashmir.
Indian premier, Narendra Modi had an opportunity to bring these facts and circumstances to the notice of 193 Member General Assembly of the United Nations when he addressed the Assembly after Pak-premier. Secondly, when India was attacked by shelling on the international border in R S Pura sector of J and K brutally killing the innocent civilians while they were asleep in their houses, India did not choose to bring this violation to the notice of the United Nations. Indian representative should have stood up on the floors of the General Assembly of the United Nations and placed the living facts before the world body. It was for the wisdom of the great General Assembly of the United Nations to judge, who is right and who is wrong.
Now 67 years have passed when the Maharaja of J and K signed Instrument of Accession with the Union of India in his own right which was vested in him by the Independence Act of United Kingdom. Maharaja signed Instrument of Accession on 26th October, 1947 five days after Pakistan attacked J and K via Muzaffrabad. Lord Mountbatten accepted the Instrument of Accession on 27th October, 1947 thus putting a permanent seal on the State’s Accession with Union of India. This fact was accepted by Sir Jaffarullah Khan while he was acting as the Judge of the International Court of Justice. Pakistan has no case, neither legal, nor constitutional nor otherwise to call J and K as disputed territory. People of J and K from Kashmir to Kanyakumari are celebrating the Accession with the Union of India. Wish, the national media and the national leadership should also participate in this grand celebrations by the people of J and K.
