Legality of Indian Claim on Kashmir

Following the World War-II, there has been an unremitting resistance by the people of Subcontinent against the ruling British colonial power. Under the swelling pressure of the people of subcontinent, the British Government finally had to announce the partition of the Subcontinent on June 3, 1947. However, the British Parliament formally passed “The Indian Independence Act-1947” on July 17, 1947. As per provision of Article-I of the Independence Act, India was to be partitioned into two Dominions namely “India” and “Pakistan” from 15th day of August 1947.

However, Article 7 of the Indian Independence Act very clearly states that from 15th August 1947, “the suzerainty of His Majesty over the Indian states lapse and with it lapses all treaties and agreements in force at the date of the passing of this Act between His Majesty and the rulers of Indian states”. Consequent upon this, all powers and functions, which were exercisable by the British Government in relation to the Princely States, also ceased.

All agreements of British governments with either rulers or states also lapsed on 15th of August 1947. Since the state of Jammu and Kashmir was a Princely State with a special autonomous status, therefore, it can be very conveniently said that on 15th day of August 1947, the Maharaja Sir Hari Singh was not the permissible ruler of the state of Jammu and Kashmir as all his treaties with British India lapsed on that day. Once he was not a ruler of the state, he had no right to sign the instrument of accession (if at all he signed that) with the new Indian dominion. This title to the state was granted to him by the British Government (East India Company) under the Treaty of Amritsar (Kashmir Sale deed) signed on 16 March 1846 and lapsed on the appointed day of 15th August 1947.

Besides, on July 25, 1947 in his address to special full meetings of the Chamber of Princes held in New Delhi, Lord Mountbatten categorically told all princes of Princely States that they were practically free to join any one of dominions; India or Pakistan. He however clarified that, while acceding to any dominion they could take into account geographical contiguity and wishes of the people. In case of the State of Jammu and Kashmir, either of the above factors was favouring state’s accession to Pakistan, but Maharaja Hari Singh did not accept this basic precondition of accession.

Indian claim that its forces landed Srinagar Airport on October 27, 1947, only after signatures on Instrument of Accession by Maharaja and the Indian government is also fallacious. Indeed, a heavy contingent of Patiala State was involved in fighting against the Kashmiri rebellions in Uri Sector on 18 October 1947, which means that they were very much inside the State`s territory much earlier than October 27, 1947.

On 24 October 1947, Kashmiris formally declared their independence from Dogra Raj and established their own government with the name of Azad (Free) Kashmir Government. Following this Maharaja Hari Singh sent his deputy Prime Minister Mr. R.L. Batra to New Delhi for Indian military assistance to his Government against those revolted and tribal from NWFP who joined their brethrens against a tyrant rule. He (Batra) met the Indian Prime Minster and other prominent Indian leaders and requested for assistance without making any mention or promise of state’s accession to the Indian Union. The Indian government instead sent Mr. V.P Menon (Indian Secretary of State) to Kashmir to assess the situation on the spot by himself on 25 October 1947.

After assessing, the situation in Kashmir Mr. V.P Menon flew back to New Delhi on 26 October 1947, together with Kashmiri Prime Minster Mr. Mahajan, who met top Indian leadership, seeking military assistance. He was refused to get that until state’s formal accession with India. On this Kashmiri Premier threatened the Indian leadership that if immediate military assistance was not granted, he would go to Lahore for negotiations with Pakistani leadership over the future status of the state. In a parallel development, Sheikh Abdullah met Indian Premier, Jawaharlal Nehru, on the same day, October 26, 1947, who agreed to despatch military assistance to the Kashmir government.

As stated by Mahajan, the Kashmiri Prime Minister, that V.P. Menon accompanied him to convince Hari Singh for accession of the State with India on 27 October 1947. Under the compulsion, Hari Singh signed the instrument of accession on the same day i.e. 27 October 1947, which was later taken to Lord Mountbatten (Indian Governor General), who also signed that on the same day (27 October), which was practically difficult. V.P. Menon, however, states that all these formalities of signatures were completed on 26 October 1947, which is impracticable. This version, however, seems concocted as even contradicted by pro Indian Kashmiri Premier. Both however are unanimous on one point that Indian state forces landed at Srinagar airfield in the morning of 27 October 1947 and a battalion of Patiala State received them there, which was already there. Read more of this post

Indian troops martyr two innocent youth in Indian Occupied Kashmir

ISLAMABAD : Indian troops, in their fresh act of state terrorism, martyred two innocent Kashmiri youth in Rajouri district of Indian occupied Kashmir (IoK).

According to Kashmir Media Service personnel of 48-Rashtriya Rifles during siege and search operations killed Mohammad Aslam and Saddam Hussain Bakerwal in Kandi Kalar area of the district.

On the other hand, at least a dozen persons were injured when Indian police and paramilitary Central Reserve Police Force (CRPF) troopers resorted to baton charge and fired numerous tear smoke canisters to disperse protesters at Nowhatta, Gojwara, Rajouri Kadal, Brein-Nishat, Palhalan and Sopore areas.

“The CRPF personnel hurled stones and smashed windowpanes of several residential houses, which created panic among the residents,” said residents of Nowhatta and Palhalan.

Meanwhile, a constable of BSF 68th battalion, Lakhvinder Kumar, involved in the killing of 16-year-old, Zahid Farooq on February 5 at Brain-Nishat, said before the police that he was forced by his senior to shot at the teenager.

“The BSF Commandant, R K Birdi forced Lakhvinder Kumar to shoot thrice at Zahid. The constable has disclosed before the police that he was forced by his senior to shoot the teenager. -APP

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Support to Palestinian statehood reaffirmed

Al-Quds to be capital ; Israeli withdrawal from Arab territories emphasised


Tanvir Siddiqi/ Sharafat Kazmi

Islamabad—Visiting Palestinian President Mahmood Abbas had meetings with President Zardari and Prime Minister Gilani here Friday.

Prime Minister Syed Yousuf Raza Gilani said Pakistan will continue to steadfastly support the total withdrawal of Israel from the occupied Arab territories.

Speaking dinner hosted in honour of Palestinian President Mehmood Abbas by him, he appreciated the Palestinians who have been subjected to decades of occupation and the worst of atrocities but have fought on.

He said seldom have a people kept the spirit of freedom alive and the flame of hope burning in the face of such great adversity.

The Palestinian struggle for statehood and for the right to self determination finds resonance in Pakistan, he added.

He said that our brothers in Kashmir face a similar occupation and are also struggling to realize their right to self-determination. Read more of this post

Roots of anti-Americanism in Pakistan

Daily Mail

Robert  Gates was less than candid when he said that anti-Americanism was a real problem for Washington because “We clearly left them in the lurch when we turned our backs on Afghanistan in 1989-90.” The negative public perceptions about the US are based not on any single event, but on past experience spread over decades. It would be simplistic to maintain that only one incident, despite its extraordinary gravity, could have led to the unpopularity of the US in this country. There is a widespread perception that successive US regimes have let down Pakistan, that Washington has behaved more as a master than ally and that whatever promises it makes, when it needs Islamabad’s services, are forgotten once Pakistan has lost importance in its geo-strategic aims. There is also a perception that American policies, influenced by a strong Zionist lobby, have harmed the Muslim world in general. It is a matter of historical record that despite its avowed commitment to democracy, the US has supported one military dictator after another since 1958, as they were considered to be more pliable than an elected government. Washington invariably looked the other way as the people of Pakistan struggled for democracy. Under Ayub, hundreds of people were put behind bars as they fought for the restoration of their democratic rights or protested against several inequities like press censorship, unjust labour laws, the widely unpopular One Unit, and the absence of equal opportunities for the people of East Pakistan.

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Two Pakistani Officials Fired For Promoting Indian Propaganda

You will not believe this. But this happened in Pakistan. And two junior government officials might lose their jobs over this. But with a pro-US government in power in Islamabad, and former employees of Voice of America allowed to steer the nation’s media policy, it shouldn’t be surprising to see a Pakistani mouthpiece promoting Indian spin.

India’s Central Reserve Police Force, used by India’s government to suppress the Kashmiri struggle for freedom, killed a 16-year-old Kashmiri boy the other day.

Nothing new in that. Indians have done worse, like mass graves and genocide. What was unusual here is that Makhdoom Babar Sultan woke up one morning this week in his home in Islamabad to read a clarification in a major Pakistani newspaper issued by the chief of the Indian CRPF assuring readers that Indian occupation police in Kashmir had nothing to do with murdering the 16-year-old, who was last seen throwing stones at Indian soldiers.

Mr. Babar scrathced his head.  He was shocked to see who hen he tried to see who wrote the story. It was APP, or the Associated Press of Pakistan, the official news agency.

‘Wait a second’, he said to himself, ‘What is APP doing promoting the viewpoint of Indian occupation forces in Kashmir?’

Pakistanis already know that their government in Islamabad was basically tailored by the Americans and the Brits. No secret in that. The Am-Brits expect this government to push their agenda, which these days includes urgently patching up with India so that the Pakistani people and their military can be convinced to allow Indian soldiers into Afghanistan to help the Americans with their failed occupation there.

But peddling Indian propaganda? That’s going too far.

Unlike the rest of us, Makhdoom Babar is lucky to own a newspaper. So he rushed to his office in the morning to write a story on this, titled ‘APP Starts Promoting Indian Govt’s Kashmir Propaganda’.

Two APP journalists have been suspended and a probe is underway that might lead to some more job losses.

Earlier, two journalists from the state-run PTV were suspended for visiting the US embassywithout permission. Read more of this post

After the failure of its war-mongering and threat-issuing strategy; dialogue now has become a necessity for India

So if the Indians are seeking a one-item agenda for dialogue it logically has to be Kashmir bef-ore all else. After all, India wants to discuss terrorism, so does Pakistan. India’s terrorism issue, as they see it, is linked to Occupied Kashmir; Pakistan’s terrorism issue is linked to state terrorism by India on the water issue and in Occupied Kashmir as well as now increasingly within Pakistan. Since India will not accept the earlier agreed-upon blueprint for the resolution of Siachin, resolution of the Kashmir dispute will resolve this automatically. As for Sir Creek, with a decreasing trust deficit if Kashmir is resolved, this border dispute will also resolve itself. So whichever way one looks at it, rationally Kashmir is the core issue that needs to be discussed first – if India wants to move away from the composite dialogue framework.


Dr. Shireen M Mazari: India’s real intentions on commencing a dialogue with Pakistan are now becoming clearer. One, they have no intention of resuming the composite dialogue; two, they want to talk on issues framed their way focusing on terrorism, but they do not include water, which has become a source of Indian state terrorism for Pakistan; and, three, they have now said they will talk on Kashmir and Balochistan! This should make Indian designs only too clear. Yet there has been no suitable response from the Pakistani side at all. After all, if India wants to talk on Balochistan, we should offer talks on Assam and the other eastern states of India where insurgencies are rife! But our leaders are maintaining a strange silence on this ridiculous Indian demand.

It seems we, or rather our decision makers, never seem to learn from history – or perh-aps they do not actually want to. That is why we are at sixes and sevens trying to deal with India’s so-called offer of a dialogue premised on an Indian agenda. Worse still, instead of evolving a cohesive and consensual policy to deal with the calibrated Indian move, our present and past decision makers have resorted to point sco-ring with each other, or at least displaying a lack of understanding of India and its history of duplicity and double talk – especially on the core issue of Kashmir.

We have the bizarre situation of the present Foreign Minister, Shah Mahmood Qureshi – famous for his incredulous defence of the debilitating Kerry Lugar Act – declaring that the water issue will take precedence over Kashmir when the new dialogue begins. In fact, speaking to an Indian publication, Qureshi was almost apologetic about Pakistan’s position on certain issues being grounded in history. There was no assertion of the fact that it requires no history to see Indian antics today, including its aiding and abetting of terrorism in Pakistan and its increasing state terrorism on the water issue. The tone was defensive when we have nothing to be defensive about – after all, vis-a-vis India we are the aggrieved party and have been so since 1947.

Meanwhile, the official spokesperson of the Foreign Office declared, at the same time, also in an interview to the official Press Trust of India, that Pakistan would prefer to stick to the already-agreed up-on composite dialogue procedure. Incidentally, I am intrigued enough to examine how many Indian leaders at the top level give interviews and how frequently to the Pakistani print and electronic media as compared to the Pakistanis and their constant access to the Indian media? Somehow, one can foretell the results already! Anyhow, following from these statements, the next day we have the Foreign Minister, now in Pakistan and addressing a Pakistani political audience in Multan, declaring that the government of Pakistan would fight the cases of Kashmir and water with its ‘full strength” as these were “based on truth”! Suddenly we also have ex-Foreign Minister Kasuri declare that the Musharraf government was very close to a Kashmir settlement, through backchannel diplomacy. But what settlement, since as many of us had critiqued at that time, there were strange trade-offs being made on Kashmir with the APHC being downgraded and the likes of Omar Abdullah being suddenly feted in Pakistan? Worse still, the “four-points” on Kashmir were floated first and then as an afterthought it was realised they needed to be defined and explained! So there was utter confusion over Kashmir during the previous government’s tenure, similar to the one prevailing now – but the present situation is worse because now there has been inaction on the water issue as well as unilateral concessions on trade. Read more of this post

The ‘Kashmir Solidarity Day’ is being observed today across the country, including Azad Jammu and Kashmir

LAHORE : The ‘Kashmir Solidarity Day’ is being observed on Friday (February 5) across the country, including Azad Jammu and Kashmir for expressing solidarity with the people of Kashmir waging a struggle for their right of self-determination for the last six decades. The day has dawn with special prayers for the liberation of Kashmir, in all principal mosques throughout the country.

Prayers will also be offered for victims of Kashmir freedom struggle. One-minute silence will be observed throughout the country with sounding of sirens at 10 am and the traffic will be brought to a halt. Newspapers will also publish special editions on the occasion, while TV channels and radio centres will air special programmes, highlighting the freedom struggle of Kashmiris.

On this day, Pakistani nation renew its pledge that it would continue to extend unflinching moral and political support to their Kashmiri brethren in their heroic struggle for their right to self-determination. The day is also an occasion to salute the courage and bravery of the freedom loving people of Kashmir who have remained steadfast and resolute in their quest to attain their inalienable right of self-determination.

Political parties and people hailing from different walks of life will join hands to express complete solidarity and unity with their Kashmiri brethren on February 5, in their just struggle. To mark the day, seminars, public gatherings, rallies and other events have been planned in a bid to highlight the plight of Kashmiris besides expressing solidarity with their Kashmiri brethren.

Speakers through their speeches will press the peace loving nations all over the world to exert pressure on India to stop its aggressive policies and allow the Kashmiris to exercise their right of self-determination. The government has already declared public holiday for February 5 and all the government offices, as well as educational institutions will remain closed. Shops, markets and business centres will also remain closed on this occasion.

There is complete consensus among the ranks and file of political leadership in the country that Kashmir issue is a threat to peace and stability of this region while peaceful and durable solution to the dispute, in accordance with the UN resolutions and aspirations of the people of Kashmir is the only solution.

In Lahore, processions and rallies will be taken out from different areas to express solidarity with Kashmiri brethren and condemn atrocities against innocent people of the held valley. It may be mentioned that Pakistan has always emphasised the necessity of a meaningful and constructive dialogue to resolve the Kashmiri dispute.

Kashmiri leaders were of the view that the Kashmir Solidarity Day has assumed special significance in the changed geo-political environment of the region, where the Kashmir dispute is widely believed as a flash-point, drawing international attention for its resolution, according to the United Nations resolutions and aspirations of the Kashmiris. Mohammad Saleem

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The struggle for freedom in Kashmir has undergone a radical change during the last few years

The struggle for freedom in Kashmir has undergone a radical change during the last few years, changing in character from essentially a reliance on the power of the armed resistance to embracing the tactics of non-violence. For freedom fighters to make this transition is a substantive step which is loaded with tremendous possibilities and is capable of unleashing the might of the pent-up anger and hurt caused by the roughshod treatment of Kashmiris into a potent and irresistible movement. The civil society in Kashmir is getting organised to challenge the  abominable way in which the Indian state has treated it and that is no cold comfort for their tormentors. The power of this trend is becoming manifest when the common people are coming together to defy the power of the state to represent themselves.

The efficacy of the trend is evident through formation of organisations like the Association of Parents of Disappeared Persons (APDP) and by resilience of activists like Parves Imroz, who have begun to draw attention at forums like the European Parliament for the unending pain that the Kashmiri population has to bear with.

The September Eleven incident has erased the line separating the freedom fighter from a terrorist and this has provided India with a handle to portray the alienation of Kashmiris with the Indian occupation as a foreign sponsored movement employing terror tactics. This has also enabled India to get away with the grave human rights violations it is perpetrating in Kashmir. One has to also take it into account that in the course of armed resistance spread over two decades the Kashmir landscape has been saturated with jackboot and the bayonet; thoroughly bruising and traumatizing the Kashmiri nation. The evolving non-violent mass resistance movement in Kashmir is in step with the global dynamics and reflects their impact on shaping local ground realities.

The Kashmiri armed resistance has been waged by around 1500 freedom fighters, operating in IHK at the peak of insurgency. Yet to neutralise this modest number of freedom fighters the Indians have physically deployed 700,000 troops who occupy every nook and corner of cities and hamlets and crisscross the forests, turning the landscape into a virtual jail. Around 100,000 Kashmiris have lost their lives during 20 years of conflict and 8000-10000 people have simply vanished after arrest by the
security forces. The Indian armed forces employ infamous Special Operations. Momin Iftikhar

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Indian Occupied Kashmir again flares up with “Kashmir Banega Paksitan” slogans

SRINAGAR: A Muslim youth was killed and eight others injured when police fired tear gas and used batons to disperse scores of anti-India protesters in Kashmir on Sunday, police and witnesses said.


The violence broke out when protesters pelted police positions with stones and bricks in downtown Srinagar, the summer capital of Indian held Kashmir and urban hub of anti-India separatists.

The youth was critically injured when a tear gas shell hit his head, a police officer said, insisting on anonymity.

“He later died in hospital,” the officer said, adding that police were still trying to establish the dead person’s identity.

The death sparked more protests in Srinagar, with demonstrators burning tyres and blocking roads, residents said.

Kashmir is in the grip of a 20-year insurgency against Indian rule that has left more than 100,000 people dead according to official figures.

Anti-India feeling runs deep in the Muslim-majority Kashmir Valley, the centre of the insurgency.

Kashmir had been relatively stable in recent months but militant violence has increased in the past few weeks.

Earlier in January, Indian commandos stormed a hotel in Srinagar and killed two militants who had been holed up in the guesthouse for nearly 24 hours. A civilian and a policeman also died in the siege and attacks and clashes have continued since. -AFP


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