Submissions Regarding the Issues
Submissions Regarding the Issue of AJ&K, Occupied Kashmir and Gilgit Baltistan along with Acci Chin
- A) By going through following;
- Article 1(2)(d) & 257 of Constitution of Pakistan 1973.
- Article 370 of Constitution of India.
- Resolution adopted by the United Commission for India and Pakistan on 13th August 1948, Document No. 1100, Para 75, dated the 9th November, 1948.
- Karachi Agreement dated: 28-04-1949.
- The cease fire agreement made between Military Representatives of India and Pakistan at Karachi on 27th of July 1948. Regarding which hostility in State of Jammu & Kashmir got suspended on 1st January 1949 etc.
- B) Following salient features of issue are as per follows;
- That as per the history of many hundred years the whole of the territory of State of Jammu & Kashmir was practically comprised of Occupied Jammu, Kashmir & Valley, Azad Jammu & Kashmir, Gilgit Baltistan and some where it is being claimed that even Chitral was also its part including Acci Chin. But as the disintegration took place the major components came in to being are Occupied Kashmir, Azad Jammu & Kashmir, Gilgit Baltistan and Acci Chin.
- That as per the Resolution of United Nation dated: 13th of August 1948 the issue will be resolved through plebiscite and for that matter to keep the situation intact the outside settlers are not allowed to have state ship (nationality) or buy property to keep the original situation intact, for to have fair plebiscite, and for this very reason the Gilgit Baltistan should not be separated from the existing Azad Jammu & Kashmir in its nature to keep pressure internationally and not to negate their votes in plebiscite. As by being a province or semi province its status may weaken the stance of Kashmiri people over the international forums and may also be exploited by India in its favor to make the occupied Jammu & Kashmir its permanent territory.
- That for last about more than 70 years Pakistan as well as India has beard a lot cost over one of this basic issue as well as the loss of precious lives of civilians as well as military, wasted a lot of resources, fought wars, built mass destruction weapons etc. hence invaluable losses occurred, but again it will never be worth full to loose the case of Kashmir at this stage by apparently separating Gilgit Baltistan from Azad Jammu & Kashmir and making it a province of Pakistan, rather it may also be given a semi status of State like AJ&K instead of declaring it a province of Pakistan.
- C) Proposals regarding the solution of this state;
- That the credible leader ship who are clear from any controversy of Azad Jammu & Kashmir and Gilgit Baltistan which are within the indirect administration of Pakistan along with the valuable and notable leader ship of these areas settled in Pakistan and the Senior Law knowing credible people like Retired Judges, Senior Lawyers, Retired Bureaucrats and other notables of both the Areas be provided with good opportunity to let them negotiate and come to some workable solution and any such workable solution first must be communicated by them to their concerned people and may seek some consensus. But if any such forum remains failure then the Pakistan Government through its concerned agencies help the joint forum to bring them all to some workable consensus.
- That it will be better that nothing should be imposed but may take any shape but by consensus of stake holders.
- That it must generate a message to international forums as well that nothing is being imposed, so that the major issue of Occupied Kashmir may not get damaged.
- That no any hasty action will be good for the greater cause of Kashmir, and it must first be experienced through such kind of joint consultation to provide opportunity of free will and message for internationally be recognized for rest of the issues as well.
- That if no any consensus evolves out of any such exercise then an option of free and fair referendum can also be opted, to get greater consensus.
- That whatever be the outcomes of any such consensus but a message must prevail that for the plebiscite whenever it may take place both the AJ&K as well as Gilgit Baltistan will be the active participants in any such plebiscite even the settlers outside of the areas of both including Pakistan, India and the people residing and got settled in Pakistan and other countries of the world, all will be the voters in any such plebiscite.
- That by all means a very just, free and fair approach and method may result in long lasting and fruitful results.
- That no any idea be imposed without taking all the stake holders on board and without the will of stake holders.
- That to finalize it in due course of time, the time period may be specified and the courses of process may also be fixed for not to be deviated by any.
- That at least all the political parties and important social forums through their representatives including Bars and Press must be taken on board.
- That ultimately a sense of consensus and justice will create a good impact over the greater issue of Jammu & Kashmir.