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Pakistan’s Unholy Date with POJK




Not so long ago Pakistani Prime Minister Imran Khan said Pakistan will allow Kashmiris to decide between choosing to join Pakistan or remain independent even after voting for Pakistan in a future plebiscite. This comment by the Pakistani Prime Minister evoked a great feeling of disbelief among the Pakistani media and his establishment, causing the eruption of national fury and leaving the population practically astonished, to the point that the Foreign Ministry had to be clear hastily and state that “there is no change in Pakistan’s principled position on the Jammu and Kashmir dispute which remains anchored in the relevant UNSC resolutions.” Let’s try to examine why this ostensibly innocuous statement led to so much shouting in Pakistan Apparently, the relationship between Pakistan and the POJK is based on the carrot and stick approach, where the former has always had the paraphernalia to regulate the second. Even the very formation of the so-called “Azad government” is cavernously full of deep suspicion. Akbar Khan in his book “Raiders in Kashmir” states that “In the end, I wrote a plan under the title of Armed Revolt in Kashmir…” Akbar Khan is the same person who, under the pseudonym of Gen Tariq, had led the tribals in the state. As Sardar Ibrahim noted, this led to the formation of the parallel government of October 24, 1947 with its capital at Pallandari. This indicates that direct tactical support was provided to these “Azad forces” by Pakistan under the guise of the Poonch uprising. Surprisingly, neither the UN nor the Pakistani government recognized this “ Azad government, ” which was strongly deplored by the leaders of the POJK Muslim Conference. Pakistan was also not very willing to undertake a plebiscite as he initially said, and she used this narrative extensively as a smokescreen to deepen her influence in the occupied territory. The very first example of this can be seen when Mountbatten visited Lahore with Ismay on November 1, 1947. Ismay noted that when Mountbatten suggested an impartial plebiscite, he (Jinnah) rejected the proposal, arguing that it was redundant and undesirable to have a plebiscite when it was quite clear that the States should be based on their majority population… ”. It is strange but largely true that Pakistan, while maintaining the plebiscite masquerade, was pulling its horns to retain what it had acquired illegally. It’s no secret that UNSCR 47 had accepted India’s full sovereignty over the occupied territory as well as the current UT of Jammu and Kashmir. BL Sharma also quoted a speech by the Colombian member of the United Nations Commission in his book in which he said that “… the commission accepted the sovereignty of the state of Jammu and Kashmir as a fact… second, the commission has never recognized the legality of the presence of Pakistani troops in Kashmir… ”. This exposes Pakistan’s duplicity as it attempted to change the status quo of the occupied PoJK territory – by separating the northern regions from the PoJK and subsuming it into Pakistani jurisdiction under the Ministry of Kashmir and Northern Affairs, via the 1949 Karachi Accord when UNCIP issued clear injunctions to the two governments demanding a failed approach on the road to the final solution, the end being the plebiscite. That is why the mandates of the commission called for the complete demilitarization of the occupied Pakistani territory. Jinnah, however, was aware of the possibility that due to the havoc wreaked by tribal members, Pakistan would lose a plebiscite. Therefore, Pakistan, due to its false account of the “ Azad Forces ” and “ local authorities ”, took the citizens of POJK for a tour and continued with its silly approach to find problems in its own court later in the form of the Sudhan Revolt, after Sardar Ibrahim Khan was unceremoniously removed from his post. Judge Saraf notes that “… at the beginning of 1951 there was virtually no government in large areas of Poonch, especially in the tehsils of Pallandari and Rawalkot”. This created a hopeless situation for Pakistan. On the one hand, he was facing problems in the region he controlled as a lever chip for the plebiscite. For another, Pakistan was pulling from the hip and trying to quell the local revolt using enviable force. This can be seen in the memorandum that CM members submitted to the Constituent Assembly of Pakistan in 1955. It states that “in recent years the people of Azad Kashmir in general and Poonch in particular have been subjected to great tortures… ”. Pakistan’s commitments to the people of PoJK liberalized the rules submitted by the state for the occupied territory and the room for maneuver thus granted made it easier for Pakistani nationals to obtain the subject of the state of PoJK. Apart from this, Pakistan notwithstanding article 257 (when the people of the state of Jammu and Kashmir decide to join Pakistan, the relationship between Pakistan and that state will be determined in accordance with the wishes of the people of this state) has clearly stated that membership in Pakistan is an accomplished principle, indicating that Pakistan continues to harbor a fiction of an expected “plebiscite” in the occupied territory. The 1974 constitution prohibits any individual from participating in the electoral process if they subscribe to an ideology other than membership in Pakistan. This was the reason why JKLF candidates were not allowed to run in the POJK elections as their cadres stirred up unrest in Jammu and Kashmir under the patronage of the Pakistani state. constitutional officials, of the POJK Constitution, in which each member must swear “that I will remain loyal to the country and to the cause of the state of Jammu and Kashmir joining Pakistan”. This shows that Pakistan has already closed the window to any other option and is clearly misleading the world about its commitments to UN resolutions. The 13th Amendment to the POJK Constitution of 1974 has further eroded all pretense democracy if it ever existed. This amendment to the POJK Constitution restricted the freedom and fundamental rights of citizens. For example, the possibilities for derogating from fundamental rights to allow preventive detention have been widened; now under article 4.7. (1), freedom of association was restricted by “reasonable restrictions imposed by law in the interest of the sovereignty or integrity of Pakistan and Azad Jammu and Kashmir”, which were absent of the 1974 constitution. Researchers have shown that how Pakistan has always continued to exercise its relentless interference in the affairs of Pakistan-occupied Jammu and Kashmir and, with the exception of the military regime, there is never had a government in the occupied territory belonging to the different party ruling Islamabad. can say that the statement Imran Khan made in going beyond the red lines drawn by the ISI column ruffled many feathers in the Pakistani state, as it clearly goes beyond the “ constitutional configuration ”, who presents the Pakistan-led discourse as tedious, littered as it is with bombast, eagerness and narrow-mindedness. Imran Khan failed to understand that despite Pakistan’s clamor to provide the Kashmiris with a “ right to ‘self-determination’, it has, on the contrary, redoubled its efforts to enforce stricter rules and regulations in the occupied territory and, with the exception of certain procedural concessions, has just usurped the entire territory, in total violation of UNSC resolutions. Unsurprisingly, this trend has intensified after an increased Chinese presence and the CPEC statement from this disputed region. So the fuss around Imran’s statement was just the regurgitation of the Rawalpindi-based establishment that just threw the UN resolutions into the air.

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