MIRPUR: (Parliament Times) “The present move of Pakistan to annex Gilgit Baltistan as a province of Pakistan would tantamount to stepping back from its national stance on Jammu & Kashmir. As consequence, the hype in current movement in the Kashmir valley will slow down and ultimately India may be inspired to curb the freedom movement forciblyâ€.
This was emphatically expressed by seasoned Kashmiri politician and jurist – the ex Chief Justice of Azad Jammu & Kashmir High Court Justice (Retd) Abdul Majeed Mallick over the present reported initiative to give representation to the people of GB in the national assembly and senate of Pakistan through granting the provincial status to Gilgit / Baltistan as fifth province of the country.
Talking to media here on Sunday, he said that GB was admittedly the formal part of Jammu & Kashmir state. “Pakistan in its written document submitted in the United Nations Security Council against the charges of India explained that the Jammu & Kashmir state including GB, attained its legal, constitutional status of independence on August 15, 1947 on the enforcement of Indian independence actâ€, he pointed out.
The seasoned Kashmiri politician asked the government of Pakistan to seriously reconsider and review its proposed step in respect of the status of the GB. He strongly suggested a high level national conference of Jammu & Kashmir leaders, foreign office of Pakistan and members of the Parliamentary Advisory Committee of Pakistan to reach a proper decision on the issue.
The Kashmiri leader underlined that Pakistan, in its written statement and in the speech of foreign minister of Pakistan had claimed that the people of Jammu & Kashmir State who were Muslims in majority, revolted against the Dogra rulers tyrannies and raised their flag of freedom in the shape of provisional revolutionary government on October 4 and reconstituted on October 24, 1947.
“In that position, the security council unanimously resolved that the Jammu & Kashmir State was neither part of India, nor Pakistan and the people of the State were alone arbiter of their fateâ€, he said. “Various resolutions were passed that the people of the State shall determine their future in a free and impartial plebiscite in exercise of the right of self determination under the auspices of the U.N Security Councilâ€, Justice (Retd) Mallick pointed out. He emphasized that unless a fair and impartial plebiscite was not held and the people of the J & K State were not allowed to exercise their birth right of self determination to decide their future, no part of the State or the State as a whole could be annexed with either of the two countries – India and Pakistan, he added.
Justice (Retd) Abdul Majeed Mallick, who also heads the Jammu & Kashmir Liberation League, pointed out that in early 50s the Jammu & Kashmir National Conference endeavored to constitute a legislative Assembly with the intention to get its approval of accession of the State to India. “Such an effort was defeated on the pointation of Pakistan in the Security Council, whereupon, the UN Security Council passed its unanimous resolution on March 30, 1951â€, he recalled and added that at second time in 1956, the so called legislative assembly in Indian held Jammu & Kashmir, passed a resolution in support of accession of the State with India. “This time again on the objection raised by Pakistan, the Security Council reiterated its position in the shape of the resolution passed on January 24, 1957, wherein it was held that no political party or its general council or the legislative assembly of any part of the State would dispose off the State as a whole or any part of it in derogation to the UN Security Council resolution passed on April 21, 1948, August 13, 1948, January 05, 1949â€, he said. “It was emphasized in the said resolutions that the decision of accession of the State would only be made by the people of the State in a free and impartial plebiscite held under the auspices of the U.N Security Councilâ€, he added.
Justice Mallick argued that in case of making Gilgit / Baltistan as province of Pakistan in presence of expressed provisions in article 257 of the constitution of Pakistan of 1973 and in derogation to U.N S.C aforesaid resolutions, it shall tantamount to backing out of the U.N Security Council’s resolutions and to impliedly accepting the earlier resolution passed by the J & K Legislative Assembly in Indian held Jammu & Kashmir territory, he added.
The Kashmiri leader invited attention to the position of Indus Water Treaty – 1960, whereby India was given concession to raised hydel power projects on the rivers of Jammu & Kashmir in the area under its control and pointed out that India was misusing, abusing and blackmailing Pakistan on the flow of water of the Kashmir rivers in to Pakistan, he underlined.
Justice (Retd) Mallick observed that annexation of Gilgit / Baltistan with Pakistan would be another political blunder and subsequent to previous proposals of General Pervez Musharraf of ‘out of box’ settlement of the Kashmir issue.
In view of Justice (Retd) Majeed Mallick, in addition to waste of human sacrifices, so far rendered by the people of Jammu & Kashmir in their struggle for freedom from Indian occupation, Pakistan itself would suffer tremendous loss in availing waters of Kashmir and in its defense strategies.
The JKLL Chief proposed that Pakistan may reconstitute Gilgit / Baltistan and AJK as single political administrative entity by conferring full powers except defense and Security, Currency and Communication and foreign trade, he added. Pakistan may retain these powers by a standstill agreement with the government of Azad Jammu & Kashmir State, he said.
Justice (Retd) Majeed Mallick said that the people of Jammu & Kashmir must be vested with fundamental rights, liberties and full autonomous authority to govern these areas till agreed free, fair and impartial plebiscite was held in the State for its final disposal under the auspice of the U.N Security Council.