J&K has bled enough :: Where is Justice (Retd) Sageer Ahmed WG on J&K REPORT
Daya Sagar Sharma
June 05, 2009
A Look Throgh The Mist
Omar Abdullah J&K Chief Minister has suggested Prime Minister Manmohan Singh to call a meeting to review implementation of recommendations of four Working Groups on Jammu & Kashmir . No doubt Omar´s intentions to buy peace for Jammu and Kashmir deserve all appreciations and support. But it would have been a great good done to undo the agony of Kashmir had Omar Abdullah requested the Prime Minister to set as priority number one the finalization of the report of the Fifth Working Group . Five Working Groups were constituted as decided by Man Mohan Singh in the Round Table Conference held at Srinagar on 24 and 25 May 2006. Reports of 4 working groups on J&K were presented in the 3rd Round Table Conference with prime Minister in Chair on 24th April 2007 at New Delhi. But the Fifth Working group (on Centre State relations ) report has not yet come even after over three years as on 29th May 2009, the day Omar met the Prime Minister. Three years time is too much of cost for the destiny of any nation. Looking at the requirements of turmoil hit State of J&K the most important of the 5 working groups was that on the Center State relations ( Fifth WG headed by Justice (Retd) Sageer Ahmed with sensitive agenda of issues like autonomy, self rule, article 370, refugees and problems of backward areas etc ).
It is also feared that the concerned working group has not been able to make any useful recommendation. Otherwise what has been the hurdle or why are the findings of the 5th WG kept close to the chest need be cleared by GOI.
A two day meeting of 5th working group ( on strengthening of Centre State relations ) was held at New Delhi from 2nd to 3rd Sept 2007. The group had last met at New Delhi on 28 March 07. But the report by this , the most important working group ,has not been submitted till date.. No serious questions have been raised by Kashmiri leaders ( including separatist leaders ) as regards the action taken on recommendations of 4 out of 5 working groups ( WG Confidence Building Measures across Segments of Society in J&K, WG Strengthening Relations Across the Line of Control, WG Economic Development in J&K and WG on Ensuring Food Governance in J&K ). No doubt PDP ( Mehbooba Mufti ) did talk of some commitments as regards security related issues. Ofcourse some Kashmiri migrants , POK DPs, West Pakistan Refugees and 1965/ 1971 displaced/ refugees did make protests for government having not met their demands as discussed in the working groups/ RTCs. The separatist have not shown any interest in the recommendations / reports of the groups. Ofcourse in view of the October/ November 2008 elections to J&K legislative assembly Congress and PDP did make some unsuccessful attempts to draw some political benefits in the name of working group recommendations .
Enough time has been lost in appointing committees and study groups for identifying the agonies of the people of J&K. Ofcourse a lot of money too. Even Round Table Conferences ( RTCs) have been held on J&K. The over ground separatist leaders like Omar Farooq, Sayeed Ali Shah Geelani, Yasin Malik, Prof Ghani Bhat ,Shabir Shah did not except invitation of even the Prime Minister for participation in the RTCs. During the Indian Independence Movement the British held RTCs. But even Mahatama Gandhi participated in them. National Conference ,PDP, BJP and other regional leaders did participate. Debates on these RTCs have surely contributed to make the Kashmir turmoil an issue for the international community. Rather who advised Man Mohan Singh Jee to name such meetings as RTCs could be a question ?
Settling some internal political issues atleast with the Kashmiri leaderships within the Constitution of India shall surely provide some working tools to leaders like Farooq Abdullah, Mufti Sayeed, Ghulam Nabi Azad, Saif u Din Soz, A.R Rathar, M.Y Tarigami, Ashok Khajuria, Bhim Singh , Sajjad Lone, Lal singh, Yash Pal Khajuria ,to undo the disruptive design of external forces. The requirement of security forces for managing internal disturbances would too reduce. The instances and opportunities for protests like the one that started in Shopian on Saturday alleging rape and killing of two women of Village Bungam ( who were missing since 29th May evening) too would surely reduce. The confusions and distrust that could be created in the name of human rights violations have to be taken seriously . The expectations of the common innocent Kashmiri people and the moral of the security forces has to be carefully taken care.
Mufti Sayeed shared political power for 6 years with Congress. The views as expressed by Mufti Sayeed as regards Kashmir Affairs were at divergence to the general policy of Government of India. What has been the compulsion of GOI to still go with Mufti ´s PDP has remained a billion dollar question . Hope Man Mohan Singh answers this question during his 2nd term as PM of India. Mufti Mohd Sayeed has demanded for the use of currencies of both India and Pakistan in J&K. Demand has not been for use of dual currencies in whole of India and Pakistan but only in Kashmir. The impressions that such utterances give to the world community are that there are valid reasons for Pakistan and separatist leaders to question the accession of J&K with India. People like Moulvi Farooq, Mehbooba Mufti and Yasin Malik have been discussing even foreign affairs of India with the Pakistani leaders during their visits to Pakistan after November 2007. Such suggestions by Muftiies are of no less dimensions than the challenges thrown by the separatist leaders who question the trueness of 1947 accession of J&K with India .
During WG meetings / RTCs NC and PDP did talk of Greater Autonomy and Self Rule. National Conference has prepared a draft of Greater Autonomy. J&K Legislative Assembly has also resolved in 2000 to accept the Autonomy committee report. PDP should have been asked to spell out in clear terms what it meant by Self Rule ( not a formal draft presentation but defining clearly the terms like joint control with due reference to Nation and Sovereignty ). It was also an opportunity for PDP to clear the allegations that PDP was pursuing the agenda of the then Pakistan President Parvez Musharraf. PDP did come out with a document on its self rule in November 2008..Some saw it as an attempt to indirectly promote separatist like agenda in the guise of a mainstream party ( for elections in mind ), particularly in Valley. Examining National Conference´s Greater Autonomy / J&K Assembly Autonomy Resolution and PDP self rule does not need any participation of Pakistan. Nor did these issues need any participation of separatist elements ( those who do not accept the 1947 Accession ). Government of India should have seized the opportunity atleast for such issues.. NC and PDP could have been given a clear mind / verdict on these subject, reject or to be accepted with some modification . Ofcourse the participation of other parties and groups too was to be ensured. This way some one time settlement with two Kashmir centric parties who claim that they are otherwise for trueness of 1947 accession could be have been made.
It was on May 7 that JKLF Chairman, Muhammad Yasin Malik reportedly said,"We picked up the threads from where late Sheikh left. We´ve always maintained that Kashmiris should be given their birthright to decide their future. He (Sheikh) got tired and gave up the struggle. His unfinished agenda is our roadmap," No doubt National Conference has so far remained silent on Malik´s "road map". May be NC had some local political compulsion in the circumstances where Kashmir affairs have been made to land over the years. But surely these issues were not taken up seriously with priority by the concerned working group .
Some leadership in J&K have been suggesting trifurcation of J&K into Jammu State, Kashmir State and UT of Ladakh. BJP in the past has been demanding Regional Councils . As per the indications BJP has no objection to such trifurcation of J&K .Kashmir centric parties have advocated for keeping the interests of Kashmir valley at level one. Some Kashmiri Pundits are even demanding a separate zone ( Panun Kashmir ) in Valley. Demands like Panun Kashmir too need be addressed to for answer as otherwise the socio communal oneness of J&K would be abused. No participation of Pakistan is needed in settlement of issues like Farooq´s Greater Autonomy, reorganization of J&K, Self Rule issue and terming the acts of some separatists as treason.
The diplomatic settlement of disputes raised by Pakistan over J&K appear no way possible in the near future. Even if India wants to work with some give and take approach Pakistan can not afford to close the dispute on Kashmir. On Ist June Pakistan Prime Minister Gilani has again named Kashmir as a core issue in clear terms. Pakistan is passing through worst of the situations it ever had. The separatists and those who are part of Hurriyat Conference too can not afford any final settlement with in the Indian Constitution .If they do so they will be lost in the mist. So they can contribute , but surely not much in settling the flares.
Over the years J&K affairs have been made a dispute out of no dispute by Pakistan , it has been more due to improper handling of the J&K affairs by new Delhi as well. After the fall of Prez Musharraf it has been claimed by some leaders in Pakistan that a settlement over Kashmir between Pervez Musharraf and Man Mohan Singh ( PM) was on the cards. A clarification had become necessary from GOI in this regard keeping in view the No clarification has been issued by GOI in this regards keeping in view the February 1994 resolution of Indian Parliament on liberation of POK. Ball will have to be kicked at the highest levels. Sayeed Ali Shah Geelani is said to have called upon GOI to repeal February 1994 Resolution of Parliament of India on liberation of POK as a precondition to talks. If not for Geelani´s Hurriyat, surely for Indo Pak talks the February 1994 resolution will have to be voted out first in case any talks regarding realignment of Territories of pre 1947 J&K for a democratic settlement ( without bullet) are to be held with Pakistan by GOI. It can not be so simply ignored that Pakistan has always named Kashmir issue as the core issue for talks. Pakistan and separatist elements too can not overlook the technicalities of 1947 Accession with India. Silences only damage the peace of common man in valley.
Constitutional and political compromises may have to be now made. Why not to make local settlements with the region Centric Parties like National Conference, J&K PDP, J&KDP, BJP, Jammu State Morcha and Ladakh United Forum. If some solution is drawn it would plug many holes and provide some stability . This would strengthen efforts to corner the separatist elements . And above all many leaders would get exposed of their being not serious to the cause of the common man and welfare of Kashmir Valley or Jammu Region or Ladakh Region.
But now the approach has to be practical .Goal Posts have to be narrowed down. Fields can not be kept wide open for ever. Otherwise it will be a never ending process of stripping the innocent naked, slitting the throats, chopping off the ears and nose. The hard direct and indirect taxes paid by the people of J&K / India are being drained through the enquiry commissions, security related establishments ( even for providing special personal security to the security men and their families ).
N. N. Vohra,J&K Governor has enjoyed the confidence of Atal Behari Vajpayee and Man Mohan Singh. He has had enough of peep into the veins of J&K .He could take a lead and New Delhi could make use of his experience, commitment and courage. Rather the work of 5th working group could be assigned to Mr. Vohra. Otherwise separatists would keep on using election campaigns in Kashmir valley for cultivating separatist ideas and frustrating Indians like Farooq Abdullah.
Daya Sagar is leading scribe on Kashmir affairs dayasagr@yahoo.co.uk )
Omar Abdullah J&K Chief Minister has suggested Prime Minister Manmohan Singh to call a meeting to review implementation of recommendations of four Working Groups on Jammu & Kashmir . No doubt Omar´s intentions to buy peace for Jammu and Kashmir deserve all appreciations and support. But it would have been a great good done to undo the agony of Kashmir had Omar Abdullah requested the Prime Minister to set as priority number one the finalization of the report of the Fifth Working Group . Five Working Groups were constituted as decided by Man Mohan Singh in the Round Table Conference held at Srinagar on 24 and 25 May 2006. Reports of 4 working groups on J&K were presented in the 3rd Round Table Conference with prime Minister in Chair on 24th April 2007 at New Delhi. But the Fifth Working group (on Centre State relations ) report has not yet come even after over three years as on 29th May 2009, the day Omar met the Prime Minister. Three years time is too much of cost for the destiny of any nation. Looking at the requirements of turmoil hit State of J&K the most important of the 5 working groups was that on the Center State relations ( Fifth WG headed by Justice (Retd) Sageer Ahmed with sensitive agenda of issues like autonomy, self rule, article 370, refugees and problems of backward areas etc ).
It is also feared that the concerned working group has not been able to make any useful recommendation. Otherwise what has been the hurdle or why are the findings of the 5th WG kept close to the chest need be cleared by GOI.
A two day meeting of 5th working group ( on strengthening of Centre State relations ) was held at New Delhi from 2nd to 3rd Sept 2007. The group had last met at New Delhi on 28 March 07. But the report by this , the most important working group ,has not been submitted till date.. No serious questions have been raised by Kashmiri leaders ( including separatist leaders ) as regards the action taken on recommendations of 4 out of 5 working groups ( WG Confidence Building Measures across Segments of Society in J&K, WG Strengthening Relations Across the Line of Control, WG Economic Development in J&K and WG on Ensuring Food Governance in J&K ). No doubt PDP ( Mehbooba Mufti ) did talk of some commitments as regards security related issues. Ofcourse some Kashmiri migrants , POK DPs, West Pakistan Refugees and 1965/ 1971 displaced/ refugees did make protests for government having not met their demands as discussed in the working groups/ RTCs. The separatist have not shown any interest in the recommendations / reports of the groups. Ofcourse in view of the October/ November 2008 elections to J&K legislative assembly Congress and PDP did make some unsuccessful attempts to draw some political benefits in the name of working group recommendations .
Enough time has been lost in appointing committees and study groups for identifying the agonies of the people of J&K. Ofcourse a lot of money too. Even Round Table Conferences ( RTCs) have been held on J&K. The over ground separatist leaders like Omar Farooq, Sayeed Ali Shah Geelani, Yasin Malik, Prof Ghani Bhat ,Shabir Shah did not except invitation of even the Prime Minister for participation in the RTCs. During the Indian Independence Movement the British held RTCs. But even Mahatama Gandhi participated in them. National Conference ,PDP, BJP and other regional leaders did participate. Debates on these RTCs have surely contributed to make the Kashmir turmoil an issue for the international community. Rather who advised Man Mohan Singh Jee to name such meetings as RTCs could be a question ?
Settling some internal political issues atleast with the Kashmiri leaderships within the Constitution of India shall surely provide some working tools to leaders like Farooq Abdullah, Mufti Sayeed, Ghulam Nabi Azad, Saif u Din Soz, A.R Rathar, M.Y Tarigami, Ashok Khajuria, Bhim Singh , Sajjad Lone, Lal singh, Yash Pal Khajuria ,to undo the disruptive design of external forces. The requirement of security forces for managing internal disturbances would too reduce. The instances and opportunities for protests like the one that started in Shopian on Saturday alleging rape and killing of two women of Village Bungam ( who were missing since 29th May evening) too would surely reduce. The confusions and distrust that could be created in the name of human rights violations have to be taken seriously . The expectations of the common innocent Kashmiri people and the moral of the security forces has to be carefully taken care.
Mufti Sayeed shared political power for 6 years with Congress. The views as expressed by Mufti Sayeed as regards Kashmir Affairs were at divergence to the general policy of Government of India. What has been the compulsion of GOI to still go with Mufti ´s PDP has remained a billion dollar question . Hope Man Mohan Singh answers this question during his 2nd term as PM of India. Mufti Mohd Sayeed has demanded for the use of currencies of both India and Pakistan in J&K. Demand has not been for use of dual currencies in whole of India and Pakistan but only in Kashmir. The impressions that such utterances give to the world community are that there are valid reasons for Pakistan and separatist leaders to question the accession of J&K with India. People like Moulvi Farooq, Mehbooba Mufti and Yasin Malik have been discussing even foreign affairs of India with the Pakistani leaders during their visits to Pakistan after November 2007. Such suggestions by Muftiies are of no less dimensions than the challenges thrown by the separatist leaders who question the trueness of 1947 accession of J&K with India .
During WG meetings / RTCs NC and PDP did talk of Greater Autonomy and Self Rule. National Conference has prepared a draft of Greater Autonomy. J&K Legislative Assembly has also resolved in 2000 to accept the Autonomy committee report. PDP should have been asked to spell out in clear terms what it meant by Self Rule ( not a formal draft presentation but defining clearly the terms like joint control with due reference to Nation and Sovereignty ). It was also an opportunity for PDP to clear the allegations that PDP was pursuing the agenda of the then Pakistan President Parvez Musharraf. PDP did come out with a document on its self rule in November 2008..Some saw it as an attempt to indirectly promote separatist like agenda in the guise of a mainstream party ( for elections in mind ), particularly in Valley. Examining National Conference´s Greater Autonomy / J&K Assembly Autonomy Resolution and PDP self rule does not need any participation of Pakistan. Nor did these issues need any participation of separatist elements ( those who do not accept the 1947 Accession ). Government of India should have seized the opportunity atleast for such issues.. NC and PDP could have been given a clear mind / verdict on these subject, reject or to be accepted with some modification . Ofcourse the participation of other parties and groups too was to be ensured. This way some one time settlement with two Kashmir centric parties who claim that they are otherwise for trueness of 1947 accession could be have been made.
It was on May 7 that JKLF Chairman, Muhammad Yasin Malik reportedly said,"We picked up the threads from where late Sheikh left. We´ve always maintained that Kashmiris should be given their birthright to decide their future. He (Sheikh) got tired and gave up the struggle. His unfinished agenda is our roadmap," No doubt National Conference has so far remained silent on Malik´s "road map". May be NC had some local political compulsion in the circumstances where Kashmir affairs have been made to land over the years. But surely these issues were not taken up seriously with priority by the concerned working group .
Some leadership in J&K have been suggesting trifurcation of J&K into Jammu State, Kashmir State and UT of Ladakh. BJP in the past has been demanding Regional Councils . As per the indications BJP has no objection to such trifurcation of J&K .Kashmir centric parties have advocated for keeping the interests of Kashmir valley at level one. Some Kashmiri Pundits are even demanding a separate zone ( Panun Kashmir ) in Valley. Demands like Panun Kashmir too need be addressed to for answer as otherwise the socio communal oneness of J&K would be abused. No participation of Pakistan is needed in settlement of issues like Farooq´s Greater Autonomy, reorganization of J&K, Self Rule issue and terming the acts of some separatists as treason.
The diplomatic settlement of disputes raised by Pakistan over J&K appear no way possible in the near future. Even if India wants to work with some give and take approach Pakistan can not afford to close the dispute on Kashmir. On Ist June Pakistan Prime Minister Gilani has again named Kashmir as a core issue in clear terms. Pakistan is passing through worst of the situations it ever had. The separatists and those who are part of Hurriyat Conference too can not afford any final settlement with in the Indian Constitution .If they do so they will be lost in the mist. So they can contribute , but surely not much in settling the flares.
Over the years J&K affairs have been made a dispute out of no dispute by Pakistan , it has been more due to improper handling of the J&K affairs by new Delhi as well. After the fall of Prez Musharraf it has been claimed by some leaders in Pakistan that a settlement over Kashmir between Pervez Musharraf and Man Mohan Singh ( PM) was on the cards. A clarification had become necessary from GOI in this regard keeping in view the No clarification has been issued by GOI in this regards keeping in view the February 1994 resolution of Indian Parliament on liberation of POK. Ball will have to be kicked at the highest levels. Sayeed Ali Shah Geelani is said to have called upon GOI to repeal February 1994 Resolution of Parliament of India on liberation of POK as a precondition to talks. If not for Geelani´s Hurriyat, surely for Indo Pak talks the February 1994 resolution will have to be voted out first in case any talks regarding realignment of Territories of pre 1947 J&K for a democratic settlement ( without bullet) are to be held with Pakistan by GOI. It can not be so simply ignored that Pakistan has always named Kashmir issue as the core issue for talks. Pakistan and separatist elements too can not overlook the technicalities of 1947 Accession with India. Silences only damage the peace of common man in valley.
Constitutional and political compromises may have to be now made. Why not to make local settlements with the region Centric Parties like National Conference, J&K PDP, J&KDP, BJP, Jammu State Morcha and Ladakh United Forum. If some solution is drawn it would plug many holes and provide some stability . This would strengthen efforts to corner the separatist elements . And above all many leaders would get exposed of their being not serious to the cause of the common man and welfare of Kashmir Valley or Jammu Region or Ladakh Region.
But now the approach has to be practical .Goal Posts have to be narrowed down. Fields can not be kept wide open for ever. Otherwise it will be a never ending process of stripping the innocent naked, slitting the throats, chopping off the ears and nose. The hard direct and indirect taxes paid by the people of J&K / India are being drained through the enquiry commissions, security related establishments ( even for providing special personal security to the security men and their families ).
N. N. Vohra,J&K Governor has enjoyed the confidence of Atal Behari Vajpayee and Man Mohan Singh. He has had enough of peep into the veins of J&K .He could take a lead and New Delhi could make use of his experience, commitment and courage. Rather the work of 5th working group could be assigned to Mr. Vohra. Otherwise separatists would keep on using election campaigns in Kashmir valley for cultivating separatist ideas and frustrating Indians like Farooq Abdullah.
Daya Sagar is leading scribe on Kashmir affairs dayasagr@yahoo.co.uk )
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