Monday, July 25, 2011

Whether Kashmir issue is a political problem?

Ramesh Arora (Adv.)

Omar Abdullah while addressing a public meeting at Srinagar few days back stated “Kashmir Issue is not a issue of development, employment or package. Infact, it is political issue require political solution. This averment and assertion raises many questions? The statement is not a political statement but a statement of policy supported by Interlocutors.
While addressing a press meet at Jammu after Round Table Conference. Mr. Dalip Padgoankar came forward stating Jammu & Kashmir problem is political problem and by and large maximum wants unity of the state, although different people of the regional have different aspiration.
Both the statement are backed by Govt. of India, P. Chidambarm Union Home Minister has already said “unique problem-unique solution”. Omar Abdhllah Chief Minister advocated for involving Pakistan also to solve this issue. What type of political problem it is Omar Abdullah must explain it to public? Why Kashmir youth is not pelting stones this year? Whether they have got political issue settled?
Rehabilitation policy of militants settled in PoK has got cabinet approval with consent of Centre government. This policy may prove fatal policy of appeasement. We want to make distinction between killer and spirit behind the killing. Government may say it wants to kill the spirit not killer. But we can not make Jammu and Kashmir as experimental state to complete the undone job of Pt. Jawahar Lal Nehru and Sheikh Mohd. Abdullah.
Present Chief Minister has already raised dispute by saying Jammu & Kashmir has conditionally acceded to India and no merger has taken place. This statement was made on October 06, 2010 at the floor of assembly. UPA government extended support to this contention also.
Justice Sagheer Ahmed has already confused the issue by endorsing autonomy as a solution to problem, in his report.
Interlocutors are following same line, Finance Minister Abdul Rahim Rather has also raised question over accession saying it was conditional and 1952 agreement commonly known as Delhi agreement must be respected and followed to resolve Kashmir dispute.
Gulzari Lal Nanda, former Prime Minister of India described article-370 which provides special status to Jammu and Kashmir is not a wall but cave and state government sands on the main gate of entrance and laws can be extended with consent of state government only. Whether the state government wants to exploit this position for blackmailing Centre government to get big packages and not to render detail of accounts. That is the way by which Kashmir-centric leadership wants to enjoy power by ignoring legitimate share of Jammu.
In 1966 maximum laws started finding place in Jammu and Kashmir. Major amendments were made as per the requirement of state. It was rightly done.
Infact, article-370 was termed as temporary and transitory but article-370 of the Indian constitution is root cause of all problems. So for merger with India is concerned, it is complete and irrevocable. As per the provisions of Indian constitution article-1 and article- 3 of state constitution, Jammu and Kashmir is integral part of India. Article-1 defines name and territory of the Union (1) India that is Bharat, shall be a union of states (2) the states and the territories thereof shall be as specified in the first schedule.
Ist schedule at S.No. 15 contain the name and reference of Jammu and Kashmir like other states merged in Indian union.
Omar Abdullah remained as Union Minister during NDA government. He has not challenged the resolution of 1994 passed by Parliament of India with one voice “that only dispute with Pakistan is to get back PoK”. Chief Minister must know that it is not a political problem but problem of aggression created by Islamic fundamentalists.

Accession is complete and irrevocable, no other meaning can be assigned to it. Infact, accession was complete when Maharaja Hari Singh singed instrument of accession and this was endorsed by constituent assembly of the state.
We consider country as motherland and we must feel so and respect it. That is why many have laid down their lives chanting Vande Maatram. 3rd generation of chief minister Sheikh Mohd. Abdullah must understand that an issue of terrorism, Administrative failure and domination of one section over the other is to be resolved. Instead of saying that it is political issue require political solution. In this back ground federal structure and unitary form concept, will remain a subject matter of debate, which will continue. Infact, Sheikh Mohd. Abdullah was a product of British Policy over Kashmir followed by Pt. Jawahar Lal Nehru. Sheikh Mohd. Abdullah was not a democrat. The present Chief Minister wants to continue with the same spirit but in changed scenario.
On July 24, 1952 Delhi agreement was made between Pt. Nehru and Sheikh Mohd. Abdullah. Article-370 was considered as stop gap arrangement and same was accepted by Pt. Nehru while addressing parliament of India on July 24, 1952. On August 07, 1952, it was made clear that it is not a permanent feature.
In 1975 again agreement was made between Smt. Indira Gandhi and Sheikh Mohd Abdullah and in this process all norms of democratic setup were violated and elected chief minister Mir Quasim was asked to resign and Sheikh Mohd. Abdullah was made as chief minister of Jammu & Kashmir.
A committee headed by Devi Dass Thakur was also constituted to find out unjustified laws extended to state since 1953 against the interest of state and against the spirit of Article-370.
A report was published that all laws applicable are in the interest of state although this view was objected strongly by Kashmir based leadership.
1952 agreement made between Delhi and Sheikh Mohd. Abdullah was also against the spirit of democracy and in similar manner 1975 history was repeated.
NC leadership is in habit of enjoying power by exploiting international compulsions of Indian government this should be stopped.
Dr. Farooq Abdullah was also brought back into power by use of armed force and other machinery. Now the days are changed and democracy has spreaded its tantical all over the state. Panchayat elections are over. We must respect the system.
The statement of Omar Abdullah that it is political issue is not correct. During Shimla Agreement we tried to correct the mistake done at the time of reference of dispute to UNO, dispute between two countries will be resolved by mutual understanding.
27 per cent Kashmir speaking wants to dominate J&K political life, that is why wants to keep pot boiling. Jammu has to realize this fact and has to stand united irrespective of party affiliation. We must realize that Kashmir is not a political issue but issue created by political people and political will is required to resolve it.
(Courtesy : http://www.dailyexcelsior.com/ 25/07/2011)

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