DR. SYED NAZIR
GILANI Those who opposes the Indian rule in Kashmir, have to reposition in their efforts to seek the realisation of self-determination through a UN supervised Plebiscite. The parties that have identified themselves, in rejecting the Indian action of 31 October 2019 are mainstream pro India parties, Hurriyat, non Hurriyat, Governments of Azad Kashmir and Gilgit and Baltistan, Government of Pakistan and the United Nations. Seven pro India political parties came up with Gupkar Declaration on 4 August 2019, Hurriyat Conference has a constitution adopted on 31 July 1993, Azad Kashmir Government has its Constitution committing itself to a duty under UNCIP Resolutions and Government of Pakistan has assumed duties under UNCIP resolutions in AJK and has the UN template on the conduct of a UN supervised vote and the people of Jammu and Kashmir, have a title to ‘equality’ and right of ‘self-determination.’ India stands as a lone wolf and a leper in the eyes of law. Each one of these parties have a higher burden of responsibility. How would these political parties behave and how long would they resist the temptation to gain power, remains to be seen. Interestingly many of Kashmiri leaders signatories to Gupkar Declaration have tasted the loss of liberty for the first time, of course, under less hostile living conditions. However, they have been subjected to the push and shove of a policeman. We hope that Gupkar Declaration, cements these leaders for some time to stand together and seek on their demands made in the resolution. The first and foremost step, that they have avoided to take, is to challenge the State Governor for dissolving the Jammu and Kashmir Assembly on 21 November 2018 in bad faith and without any merit. All actions that have flown from 21 November to date are unconstitutional and without any legal effect. Governor may have done a bidding for his employer, the Government of India but he cannot substantiate the contents of his report made to the President of India in a court of law. As a start Mehbooba Mufti had staked her claim to the Governor on 21 November 2018 that she had the support of National Conference with 15 members and Congress with 12 members to form the Government. It is an intriguing coincidence that the fax Machine at the Governor House was out of order to receive the claim. She however, managed to communicate her claim through WhatsApp and Twitter. Sajjad Lone of People Conference, also staked his claim to form the Government on the same day. He too had to WhatsApp and Tweet his claim. The notice of two different claims of being able to form the Government was in public domain on 21 November 2018. Therefore, the decision of the Governor to dissolve the Assembly in the evening of 21 November 2018, is in bad faith and unconstitutional. The President of India’s Notification of 19 December 2018 and other orders that have flowed from this mischief, are all without any legal sanction. New Delhi could not overrun the Constitutional and Legislative process in Kashmir, unless it had to push through a self-serving legislation for the benefit of Delhi Government. National Conference and Congress, should start helping as appropriate PDP (Mehbooba Mufti) and PC (Sajjad Lone) in their challenges to the unconstitutional conduct of the Jammu and Kashmir Governor, in the interests of his employer – the New Delhi. All acts done after 21 November and 19 December 2018, are unconstitutional. Governor as an Indian representative and a non-State Subject (non-Kashmiri) has committed a ‘fraud’ on the legislative process in Kashmir.
