A note on report of Interlocutors Appointed by Union Govt. on Jammu and Kashmir

A)  Interlocutors have used the term “Pak Administered Kashmir” instead of “Pakistan Occupied Kashmir” (POK). Separatists always use the term Pak Administered and Indian Administered Kashmir. Even Pakistan never used this term but they call it as Ajad Jammu Kashmir.

i)    We have been fighting for last 64 yrs in UNO and all international forums that Pakistan is aggressor, J & K accession is legal and constitutional, Pakistan has no locus standi, J & K including POK is integral part of Bharat, Bharat and Pakistan could not be placed in equal terms with reference to J & K as one is aggressor and other is victim. Even UNO resolution has also termed Pak presence in J & K as illegal and called for unconditional withdrawal.

ii)   Interlocutors called for Joint institutions and joint consultative Committees of elected representative across LOC for development, resource generation and other common matters. For permanent search of solution they recommend parley between India - stake holders of J & K on both side and Pakistan.

iii)  They recommend Govt - Hurriyat talks as early as possible, then at appropriate time joined by across LOC stake holders and later on with Pakistan. This report accepts the Hurriyat’s pre condition for talks that J & K is dispute - For solution Bharat - Pak – both part of J & K should be made parties.

iv)  Interlocutors recommend that for solution, we must kept in mind strategic importance of J & K that it is “a bridge between central Asia and South Asia”, not a “Gateway of Bharat to Central Asia and Europe, Africa, Eurasia also”

v)   They do not even consider nationalist people including 10 lakh  Pok refugees uprooted in 1947, 4 lakh west Pak refugees of 1947, 4 lakh kashmiri Pandit living exile since 1990, terror victim of Jammu, Laddakh people and even Gujjar, Shia Pahari Muslim as stake holders for final solution of dispute.

B)  Interlocutors recommended setting up of “Constitutional Committee” to review all central acts and Articles of the Constitution of India, extended to the state after the signing of 1952 agreement that is known as Delhi accord.

                   Delhi accord was an understanding between two persons, Sheikh Abdullah and Pandit Nehru, overwhelmingly rejected by Jammu and Laddakh as well as opposition parties and nationalist people of Bharat at that time.

                   Interlocutors states “Constitutional Committee should review on the following basis proposed by us.’’

    i)               Dual character of state-Constituent unit of Indian state as well as state enjoys a special status under Constitution.

    ii)              Dual status of people-They are state subjects holding permanent resident certificate of J&K as well citizen of Bharat

       iii)   Delhi accord should be the basis of relationship between centre and state.  They even suggested Articles and Acts of Concurrent list to be handed over to state.

      They also recommend that no further law by Parliament should be extended to J&K state except relating to internal and external security or vital economic issues.

       iv) They call for fresh financial agreement between state and centre.

C)  They recommend to delete word “Temporary” from Article 370, and suggest to replace it with word “Special” as used for Article 371. Erosion of Article 370 done during the decades should be reappraised to give it more powers, they recommend.

D)  The call for use of equivalent nomenclature in Urdu for words Governor and Chief Minister. For appointment of Governor in state 3 names should be moved by state with advice of opposition. From them one should be appointed Governor under the pleasure of President.

E)  There is 50% quota of centre in administrative services (IAS and IPS) in Jammu and Kashmir as against 66%, in all other states. They even call this proportion should be gradually reduced in favour of officers from the state civil services.

F)   Recommendation of Amendment of Public Safety Act, Review of Disturbed Area Act and re-appraisal of application of controversial AFSPA. They recommended a Judicial Commission to look into the issue of “Unmarked Graves” in Kashmir valley.

G)  They failed to address very important and serious issues pending for last 60 years in the State, due to Kashmir centric approach of Union and State Govt.

      i)   They do not touch the most sensitive issue of “DELIMITATION” in their report and failed to give recommendations on giving equal and genuine share to Jammu and Laddakh region in the State legislative assembly and Lok Sabha.

      ii)  They accept that, there is misgovernance at all levels, but failed to mention who are ruling in J & K for last 64 years. This is due to lack of extension of our union Constitution in J& K, and they again recommend, writ of other autonoums and statutory institutions should be extended to State but functioning should be confirmed to on constitution of J & K State.

      iii). People of POK do not have representation in Lok Sabha  having area of 85000 square km and 10 lakh refugees uprooted from their home since 64 years. Even 24 assembly seats are kept for PoK in J& K assembly but not filled by these unfortunate refugees.

      iii) Nothing mentioned about most unfortunate people in state for last 64 years. “WEST PAK REFUGEES”. Even they do not get lip sympathy from interlocutors. These people have no voting, employment, higher education, property rights in state.

      iv) No specific recommendation for POK refugees, Kashmir Pandits and Terror affected people of Jammu region.

      v)  They failed to discuss the real causes of terrorism and forced migration of Hindus from Kashmir valley in 1990.

      vi) They do not discuss, what is the effect of Union laws not extended in state due to Constitutional abuse of Article 370. People of weaker sections - SC, ST, OBC Refugees, are not getting there due share but they cannot draw attention of Interlocutors.

         

In reality this is a document comprising salient features of National Conference document “GREATER AUTONOMY”, PDP document of “SELF RULE”, Sajjad Lone’s document of ACHIEVABLE NATION HOOD, Hurriyat Conference (Geelani) and recommendation of  (- 5 ) pre conditions and Hurriyat Conference (Mirwaij) group recommendations. . All the recommendations of interlocutor would ultimately led to reversal of process of integration of Jammu Kashmir with Bharat started in 1953 after martyrdom of Dr. Shyama Prasad Mukherjee and Praja  Parishad  agitation in Jammu.