Failure Government of Azad Jammu and Kashmir …. Dr. Syed Nazir Gilani
A well informed administration of AJK on the jurisprudence of UN template would have avoided the use of police force and would have guided the Government of Pakistan against the use of Rangers in Muzaffarabad.
AJK Government is faced with the demand of Qasas from Jammu Kashmir Joint Awami Action Committee (JAAC) on behalf of the aggrieved families. The demand of Qasas has merit.
AJK Government is elected from only a part of the State. Its representative status is restrained. Under Article 6 (2) of its Constitution it has set a bench mark of an accession to Pakistan. Government of Pakistan on its side is guided by article 257 of the Constitution of Pakistan.
Both Governments of AJK and Pakistan remain sub-ordinate to UN template, that is, UNCIP Resolutions, UN SC Resolutions and the debates held at the UN Security Council.
The most important principle for accession set forth in the Memorandum of the Cabinet Mission on 12 May 1946, is that State Governments should take active steps for themselves in close and constant touch with the Public opinion in their States by means of representative institutions.
The Public support to JKAAC prove beyond doubt that the administration in AJK has failed to keep a close and constant touch with the Public opinion. The failing is further aggravated because Azad Kashmir Government has failed to benefit from the guidance and support provided by the civil society institutions over the years and by the two judgements of the High Court in March 1993 and April 1999. The April 1999 High Court judgement is in relation to AJK Government’s failure to discharge her duty stipulated in the constitution.
AJK Government has failed to its own people and has failed to work for its own bench mark. The situation is no more the same. The use of live ammunition by Rangers resulting in the death of unarmed civilians at Muzaffarabad has re-set the compass of people’s capacity to stand up for their rights.
Azad Kashmir Government is not the result of the instrument of vote. The sovereignty of vote is degraded and the political parties of Pakistan control the legislature in Azad Kashmir.
Establishment has gone along with an ever-expanding quid pro quo in the make or a break of a Government in Azad Kashmir.
Common citizens have a serious grievance . An unprecedented damage has been done to the credibility of establishment. Political parties from Pakistan has been exposed.
Governments of Azad Kashmir and Pakistan need to consider:
1. Why don’t you sincerely work as required under UN template and further the Kashmir case as agreed under Karachi Agreement?
2. AJK Government has made no efforts and has no draft or template whether the relationship with Pakistan would be an integration, a federated relationship or have any other political arrangement, after we have a UN supervised vote, to either endorse Accession with India or reject it.
3. AJK Government is elected from only a part of the State. It has to address UN SC Resolution 91 and the three components of the Indian prayer made on 15 January 1948.
4. Government of Pakistan needs to discourage the culture of a contended quid pro qui in Muzaffarabad and promote a serious work on the jurisprudence of UN template.
5. If Pakistan departs from UN template, it loses her foothold in Azad Kashmir.
Kashmir case has four components, Rights, Dignity, Security and Self-determination. All Azad Kashmir Governments have paid a lip service to Kashmir case.
We do not live in the Maharaja’s Kashmir of 1931. It is May 2024 and people can take over. They are capable to guard the sovereignty of the vote.
Larkana, Jati Umrah and Bani Gala should accept that British Crown has surrendered the Paramountcy/Suzerainty to the people of Jammu and Kashmir.
JKCHR offers its sincere condolences on the loss of life. Right to life precedes any other right. We remain in solidarity with JKAAC in their Rights Movement.