Mahmoud Abbas at UN General Assembly (Photo: EPA)

Those who attend the debates at United Nations are familiar with the fact that all circulated statements by speakers, whether heads of states, state representatives or NGO representatives carry a caution “Check against Delivery”. The Statement circulated by Mahmoud Abbas President of the State of Palestine, at United Nations General Assembly Sixty-sixth Session in New York on September 23, 2011 is an example of this caution.

President Abbas’s statement reads “I come before you today from the Holy Land, the land of Palestine, the land of divine messages, ascension of the Prophet Muhammad (SAW) and the birthplace of Jesus Christ (peace be upon him), to speak on behalf of the Palestinian people in the homeland and in the Diaspora, to say, after 63 years of suffering of an on-going Nakba: enough. It is time for the Palestinian people to gain their freedom and independence.”

True to the caution and more true to his people he did not restrain his warning “enough” to single expression but repeated it three times during his address. “Enough, Enough, Enough” was received with rapturous applause and support by the delegates.

There are lessons for the people of Kashmir if they have a desire to be true to their cause and learn from Palestinian people and leadership. The first lesson is faith in your own cause. President Abbas while advocating his cause said “ Our people will continue their popular peaceful resistance to the Israeli occupation and its settlement and apartheid policies and its construction of the racist annexation Wall, and they receive support for their resistance, which is consistent with international humanitarian law and international conventions and has the support of peace activists from Israel and around the world, reflecting an impressive, inspiring and courageous example of the strength of this defenceless people, armed only with their dreams, courage, hope and slogans in the face of bullets, tanks, teargas and bulldozers.”

Palestinians are “armed only with their dreams, courage, hope and slogans in the face of bullets, tanks, tear gas and bulldozers” and it made it possible that the leader of the Palestinians before his address to the UN submitted to Ban Ki-moon, Secretary-General of the United Nations, an application for the admission of Palestine on the basis of the 4 June 1967 borders, with AI-Quds AI-Sharif as its capital, as a full member of the United Nations. He called upon the distinguished members of the Security Council to vote in favour of their full membership. He also appeals to the States that have not yet recognised the State of Palestine to do so.

As a routine which unfortunately had turned more stale this year Mirwaiz remains the lone Kashmiri leader on the sidelines of the 66th Session of UN General Assembly in New York. The other possible components who could have been resourced to complete this routine could not turn up in New York because Nazir Ahmad Shawl and Abdul Majid Tramboo are named in the FBI affidavit lodged in the criminal complaint brought against Dr Ghulam Nabi Fai. It embeds that they could be arrested if they fall within the jurisdiction of US authorities.

It is unfortunate that Mirwaiz continues to agree to be the symbol of this routine and a political narrative which has no merit. He has spoken on the sidelines of the UN General Assembly Session to OIC contact group on Kashmir. Before arriving in New York he was able to see the Back Benchers debate on Human Rights on the Indian Subcontinent initiated by Steve Baker conservative Member of Parliament from Wycombe.

The litmus test of the success and failure of a debate in the British Parliament could be gauged from the fact that the debate in the British House of Commons on Kashmir was not reflected in the speech of British Prime Minister who spoke at the UN General Assembly. The other failure could be ascertained by the fact that although Mirwaiz addressed at least three members of OIC contact group on Kashmir, namely Turkey, Saudi Arabia and Niger, yet neither Turkey nor Niger made any reference to Kashmir in their address to the UN General Assembly. I could not say much about Saudi Arabia (Pakistan has yet to speak) because it has not addressed the UNGA by the time I am writing this column. However, it is certain that Saudi Arabia would not behave any different to Turkey and Niger and there would be no reference to Kashmir.

The political narrative of Mirwaiz seems to be out of his control, restrained and out of touch with his people. We have made every effort to make independent inputs to assist him to represent “defenceless people, armed only with their dreams, courage, hope and slogans in the face of bullets, tanks, tear gas and bulldozers.” It would be an exaggeration to quote President Abbas in entirety in respect of Kashmir. Indians have not used any “tanks” or ‘bulldozers” so far except when its forces have surrounded any house suspected of harbouring an armed militant. One would have hoped that his political narrative in Geneva, London and New York would reflect our national wisdom and represent Kashmiri people who are armed with their “dreams, courage, hope and slogans in the face of bullets”.

The merits of Kashmir narrative supported by Islamabad have also been exposed after the arrest of Dr Ghulam Nabi Fai. Nazir Ahmad Shawl and Abdul Majid Tramboo could not be despatched to New York to assist Mirwaiz for fear of being arrested by the US authorities. The nonappearance of any other credible Kashmiri from AJK Government, AJK opposition, civil society from AJK, people from Srinagar/Jammu or any part of Jammu and Kashmir or from Kashmiri Diaspora at the UN General Assembly goes to prove that Pakistan does not have any credible or reliable interest or understanding of the best interests of the people of Kashmir except for using Kashmir to create a temporary hype to nudge into the ribs of India and cause a timely discomfort or embarrassment.

On the Kashmiri part it is unfortunate that in comparison to President Abbas and his delegation at the UN, Kashmir has been reduced to Mirwaiz and three Kashmiris, who have become subjects of interest for FBI in USA. We should thank our stars that so far there is no spill over of FBI affidavit in the case of Dr Ghulam Nabi Fai. Americans could turn very nasty if they decide to elaborate and interpret the FBI affidavit in a different manner making its reach to the doormats of our senior Kashmiri leaders. Such a situation could land Mirwaiz in a very difficult situation during his stay in USA.

It is high time that we revisit the character of our political representation and the manner in which we are being debated and talked about inside and outside Kashmir. If we are an equal people as good as the people of Palestine, we need to check the ownership of leadership claimed on our behalf through the courtesy of Islamabad in the case of separatists and Delhi in the case of mainstream politicians. It is hypocritical that we continue to ridicule and demand accountability of mainstream politicians and let go the separatists domiciled in Srinagar or their likes maintained in Islamabad for their rights and wrongs.

We need to interfere in the interests of “defenceless people, armed only with their dreams, courage, hope and slogans in the face of bullets”. Unless we do that, no leader would be able say “Enough, Enough, Enough” in the UNGA. They would continue to remain subjects of a very poor political narrative and false hypes created in Geneva and London. We have to challenge the ownership of Kashmir politics in all the areas, namely, political and diplomatic. It can be possible if we take ourselves out of the winter of fear caused by falling prey to private benefits and politics of comfort.

When Hurriyat Conference (M) chairman Mirwaiz Umar Farooq on Friday said longstanding Kashmir dispute between India and Pakistan could only be solved through the participation of Kashmiris in talks, hours later on 9^th July huge crowd gathered in Juba to witness the independence ceremony of Republic of South Sudan.

People erupted in loud cheers and ululations as the Sudanese flag was lowered for the last time and the new colours of the Republic of South Sudan were hoisted. It followed with the oath of office taken by Salva Kiir as President and he signed a new interim constitution.

Among the revellers was South Sudan’s information minister, Barnaba Marial Benjamin, who told: “It is already the ninth so we are independent. It is now.” People on the corners of dirt streets waved flags and danced in the lights of car headlights, chanting “SPLM o-yei, South Sudan o-yei, freedom o-yei” The Sudan People’s Liberation Movement (SPLM) led the rebels who fought the north until 2005.

It is time for every Kashmiri, regardless of his or her status at home, in the office, in the profession or in politics to revisit the script of their politics and armed struggle. There have been times (and continue to be) when we seem to be unsure in regard to our existence if we were ever able to attain independence (freedom). It appears that we live in a different world and have a strange kind of political guidance.

The speech made by UN Secretary General at the independence ceremony should be a guide for us to learn to live and lead. While congratulating the people of South Sudan UN Secretary General pledged that the United Nations would help the new nation establish effective institutions of governance. But more important among all was his address that “We have been engaged in the quest for peace in Sudan for many years – through peacekeeping and diplomacy, through humanitarian assistance and development. Together, we welcome the Republic of South Sudan to the community of nations. Together, we affirm our commitment to helping it meet its many responsibilities as a nation.”

One learns from this statement that all along during a struggle for independence in South Sudan there was a concurrent struggle “through peacekeeping and diplomacy, through humanitarian assistance and development”. Our leaders in Kashmir have been lunging to sickening extremes of shout for ‘Azadi’ and have failed to give due regard to other complimentary constituents required in any struggle for independence. There has been no demand from our leaders for ‘peacekeeping’, ‘diplomacy’, ‘humanitarian assistance’ and ‘development’. Although Kashmir also has peacekeeping force but our leaders have never been able to understand the jurisprudence of its presence and how the jurisprudence of UN mechanism on Kashmir could have been used (demanded) in respect of other important constituents namely ‘diplomacy’, ‘humanitarian assistance’ and ‘development’.

It may be that our leaders (political and militant) over the years since 1990 had a continuous taste of travel, support and reward, therefore, did not endeavour to learn from East Timor and South Sudan, that people have to be empowered on different fronts. Lack of progress on any single front is a loss or a failing in aggregate.

Our leaders and a good number of other supplants have been arguing that Kashmir does not have resources and can’t exist on its own. The post-independence scene of South Sudan has solved this puzzle for the people of Kashmir. UN Secretary General admitted that “We gather in celebration, but we are mindful of the enormous challenges ahead – deep poverty, lack of basic infrastructure and institutions of government, political insecurity.”  However he (Ban Ki-moon) pointed out the strengths and said “And yet, at the same time, we must not underestimate South Sudan’s remarkable potential – its resilient and talented people, abundant natural resources, huge areas of arable land, and the great Nile running through it. With these assets, South Sudan could grow into a prosperous, productive nation capable of meeting the needs of its people.”

The people of Kashmir too have been acknowledged as people of legend and history. We too have natural resources, wealth of water, green gold of forests and what not. Unfortunately we could not have the like of The Sudan People’s Liberation Movement (SPLM) which led the rebels who fought the north until 2005.

Our leaders have remained unaccountable yesterday, seem so today and have similar intentions to remain unaccountable tomorrow as well. The main reason for them turning insular has been their subordination to forces outside the state. However, this outside patronage at the cost of Kashmiri people can’t work for long in these times. Even the leaders of independent South Sudan were cautioned by the UN Secretary General in regard to a litmus test that they need to pass. Ban Ki-moon has reminded them that “South Sudan’s success will be measured by how well it serves its citizens. The basic rights of a modern, democratic State must be guaranteed – free expression, full political rights for all, including women and young people, inclusive institutions of government that can provide stability and opportunity. South Sudan is wonderfully diverse. It should find strength in that diversity.”

On the eve of South Sudan’s independence, the Security Council voted unanimously to set up a new United Nations mission to help Africa’s newest nation consolidate peace and lay the foundation for longer-term state-building, conflict prevention and economic development.

The Council’s resolution 1996 (2011) established the UN Mission in the Republic of South Sudan (UNMISS) for an initial period of one year. The peacekeeping mission will consist of up to 7,000 military personnel and up to 900 police personnel as well as a civilian component.

UNMISS will take over from the UN Mission in Sudan (UNMIS), which was created following the signing of the 2005 Comprehensive Peace Agreement (CPA) that ended the north-south civil war and paved the way for the referendum through which the people of South Sudan chose independence.

The President of the United Nations General Assembly, Joseph Deiss, speaking in Juba, stressed the need for the people of Sudan and South Sudan to live in harmony.  Joseph Deiss said General Assembly will proceed swiftly to admit South Sudan to the UN, upon receipt of the recommendation from the Security Council.

The Sudan People’s Liberation Movement (SPLM) has taken the people of South Sudan through to independence and the world community has pledged to fulfil its duties to a new born independent state. Our leadership in Kashmir has found a luxurious outlet to address the people of Kashmir on a Friday or in remembrance of a death. It is bothered about an apparent engagement or disengagement between India and Pakistan, thus making an error in reducing the pre partition Rights Movement of an equal people to a wrangle between India and Pakistan. Our leaders fail to look beyond the ordinary sense of intra State relationship and fail to understand that India and Pakistan, like other sovereign States continue to talk in a manner which is  hardly discernible to the eyes of our leaders that inhabit the streets of Kashmir.

Mirwaiz does not move beyond the point and phrase that “the solution to Kashmir issue will only be found when Kashmiris are included in talks. The inclusion of Kashmiris in any meaningful dialogue process is must.” On the one hand he has addressed the world community and
stated that “The world bodies were keenly looking forward to solve the Kashmir issue. Thousands of Kashmiris have laid their lives for the cause and world bodies are showing keenness in resolving the issue,” and at the same time he turns turtle and makes a meritless appeal to India and Pakistan to include Kashmiris in their dialogue process. In fact his school of politics has been in dialogue with India and Pakistan and they have failed to exact any relief from the two countries.

And if by the inclusion of Kashmiri leadership in the dialogue process between India and Pakistan he means himself and his other colleagues, it could not be regarded as fair demand. More so, the appeal is addressed to only two countries, therefore, lacks universality embedded in the Kashmir case. The demand is no more than seeking to fit a square peg in a round hole.

Author is London based Secretary General of JKCHR – NGO in Special Consultative Status with the United Nations and can be mailed at dr-nazirgilani@jkchr.com

“It is unfortunate that our leaders did not endeavour to learn from East Timor and South Sudan, that people have to be empowered on different fronts. Lack of progress on any single front is a loss or a failing in aggregate,” said Dr.Syed Nazir Gilani, Secretary-General, JKCHR, in a statement Monday.

Speaking in the context of the formal declaration of independence by South Sudan, Dr. Gilani said that Kashmiri leadership on both sides of LOC  failed to conduct the people’s trust in the manner in which the leadership of East Timor and South Sudan conducted itself until a successful referendum was carried out under the supervision of the UN.

JKCHR Secretary General has said that it is time for every Kashmiri, regardless of his or her status at home, in the office, in the profession or in politics to revisit the script of their politics and armed struggle.
“There have been times (and continue to be) when we seem to be unsure in regard to our existence if we were ever able to attain independence (freedom). It appears that we live in a different world and have a strange kind of political guidance.”

Dr. Gilani has said that the speech made by UN Secretary General at the independence ceremony of South Sudan should be a guide for us to learn to live and lead.  The South Sudanese people remained engaged in the quest for independence “through peacekeeping and diplomacy, through humanitarian assistance and development.”

“Our leaders in Kashmir have failed to give due regard to other complimentary constituents namely diplomacy, humanitarian assistance and development, required in any struggle for independence. There has been no demand from our leaders for peacekeeping”.

JKCHR Secretary General has said “although Kashmir also has peacekeeping force but our leaders have never been able to understand the jurisprudence of its presence and how the jurisprudence of UN mechanism on Kashmir could have been used or demanded in respect of other important constituents namely diplomacy, humanitarian assistance and development”.

Taking part in elections is a basic human right. Vote offers a freedom of choice and is a means through which a citizen instructs elected representatives to make decisions on his or her behalf.

Participation in elections empowers the citizen and ensures internal self-determination.

Electoral choice in any administration of Jammu and Kashmir is very important and voters need to have a set of criteria.

Candidates and parties in Azad Jammu and Kashmir elections have to be seriously judged on their political programme for the government.

Most important and fundamental programme is:

1. Understanding of the fact that UN resolutions on Kashmir have cautioned the J & K assembly in Srinagar that the “area from which this assembly is elected is only part of the whole territory of Jammu and Kashmir” and does not have the representative character to determine the “future shape and affiliation of Jammu and Kashmir”.

2. Understanding that under Azad Jammu and Kashmir Interim Constitution Act 1974 Kashmir Government at Muzaffarabad has for the time being a principal duty “to provide a better Government and administration” till “the future status of Jammu and Kashmir is determined in accordance with the freely expressed will of the people of the State through the democratic method of free and fair plebiscite under the auspices of the United Nations as envisaged in the UNCIP resolutions adopted from time to time”. Government of Pakistan has entered into a Constitutional relationship with AJK Government “in the discharge of its responsibilities under the UNCIP resolutions”.

3. Whether AJK elections have any impact on the Rights Movement, life and habitat of the people of Kashmir.

Kashmiri leaders and vigilant citizens of Kashmir have a duty to see whether Government/s of Azad Jammu and Kashmir and Government of Pakistan have been discharging these responsibilities or not.

Therefore vote in a manner so that internal empowerment brings internal self-determination leading to the ultimate right of the people of Jammu and Kashmir as equal people to external self-determination.

UNITED KINGDOM – FREEPOST, P.O. BOX 241, London SW17 9LJ
t: (+44) 020 8657 3007      f: 020 8651 0071      e: londonhq@jkchr.com

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The Chief Minister, Omar Abdullah, has constituted a high power committee, headed by the Chief Secretary Madhav Lal for formulating a road map for the transfer of vital functions and finances to the panchayats, to which elections are being held from April 17.

Why could this be done before announcing the elections? And the road map prepared by the high power committee be publicly debated or at least discussed in the assembly, the session of which is just ended? Till the map is released, we have to keep our figures crossed. As it is, the present Panchyati Raj Act is mere an instrument of further centralisation of power rather then a genuine measure of empowerment of the people.

Here I raise some pertinent questions which the high powered committee should consider.

Last time panchayati election was held in 2001.There was hectic discussion between political parties, including the coalition parties in the state government, on some reforms in the Panchayati Raj before this announcement. The Congress party and the opposition parties of Jammu had demanded that the new panchayats should be formed after adoption by the state of 73rd amendment to the Indian constitution which would have made panchayats a genuine instrument of decentralisation of power. It is not 73rd amendment as such that is important. The state, after studying its working in other states of country could have adopted even a better law than elsewhere if the objective was empowerment of the people.

The state assembly, however, did enact a law to constitute an Election Commission to conduct the election. But by that time code of conduct had been enforced which means the Commission would work from next elections. The coming election would be conducted by the Election department of the state government.
The fears about centralization of power through the cover of panchayati raj are further confirmed by some provisions of the State law. While the Central Law provides for direct election to all panchayati raj institutions, it is not so in the state. For instance, not a single member of the district board, under the J&K law shall be directly elected. Chairman shall be nominated by the government who is elected under the Central law. A provision has now been added for an elected Vice-Chairperson of the board. But the supreme power will continue to be exercised by the chairperson.

Other members include chairman of the Block Development Councils, Town Area Committees and Municipal Council in the district, MLA’s and MP’s who would be ex-officio members of the District Board. Though they are elected, it is well known that voters often choose different parties at local, State and national levels as the issues are different at these levels. Members of the Assembly and Parliament, in their capacity as members of the district boards, cannot therefore be said to represent the wishes of the people. In many States where MLA’s and MP’s are members of the district boards, they have no voting rights. But under the J&K law, they shall have these rights also.

At the block, level also, unlike the Central law, the State Act does not provide for direct election of any member. It shall comprise sarpanches of halqa panchayats and chairman of the marketing society within the jurisdiction of the block. With the Block Development Officer, an ex-officio secretary, the block development council is also brought under the influence of the government. The government shall also have power to nominate two members to give representation each to women, scheduled caste or any other class. The Central Act provides for 33 per cent reservation for women and, according to the population ratio, for the Schedule Castes, but it does not, provide for any nomination at any level. The State law provides for nomination but not reservation. Further the term other class is so vague that it can be used by the State Government to nominate any person on the block council to represent it. The nominations can always ensure majority for the ruling party.

It is only at the halqa panchayat level were all members shall be directly elected. But even at this level, a government employee, i.e., the village level worker, shall be the member secretary who shall thus ensure government presence at the base of the panchayati raj system. Moreover, the government shall have the power to nominate two members on the halqa panchayat on the same pattern as it does on the block council.

One more flaw in the State law with regard to the functions of the halqa panchayat is that its members have not been made accountable to the people after they are elected. There is no provision for a gram sabha which could act as a sort of assembly for the panachyat and could meet once or twice a year to pass the budget and to exercise some control on the working of the panchayat, including the right to pass a vote of no confidence against the members and elect new members in their place.

A pre-requisite of the success of the panchayati ran system is its financial viability and autonomy. The 73rd Amendment to the Constitution also provides for appointment of a Finance Commission by the State Governments to make recommendations for a) determination of the taxes, duties, tolls and fees which may be assigned to panchayats, b) distribution between the State and panchayats of the net proceeds of taxes, duties, etc; c) grant-in-aid to the panchayats by the States.

J&K law neither fixes minimum amount of grant-in-aid by the State to the panchayats for providing nor autonomous machinery for objective allocation of funds. It has no assured source of income, either. The law, therefore, does not ensure financial viability and autonomy of the panchayats and leaves enough financial power in the hands of he State government which it could use arbitrarily to influence the working of the panchayats.

Panchayat adalat is another important feature of the new panchayati raj law of the State. For the modern system of justice is not only very expensive and time consuming, but is also virtually inaccessible to most of the rural and far-off areas. Panchayati adalats have been used in many states to supplement the formal judicial system by reviving and legitimizing the traditional system of justice.

But by empowering the State government to nominate members of the panchayati adalat, and to remove its chairman or any member, the new law robs independence of the institution of justice at the grass roots level. It amounts to supplementing the judicial system and the traditional system of justice, both supposed to be independent of the executive, by a third sector of justice controlled by the State Government.

Jammu and Kashmir Panchayati Raj Act does not accept the jurisdiction of the Union Election Commission “for superintendence, direction and control of the conduct of elections in the State” nor that of the Comptroller and Auditor General (CAG) of India “for the audit of the accounts of the panchayats” as the 73rd Amendment to the Constitution proposes to do for other States.

The State is not only independent of the federal autonomous institutions like the Election Commission and CAG, it has also not made any Amendment in its own Constitution corresponding to the Amendment in the Indian Constitution. Such an Amendment would not have compromised autonomy of the State, but would have projected the interests of the panchayati institutions against bureaucratic encroachments by, say, making re-election of superseded panchayats constitutionally mandatory and reserving a list of subjects in the constitution for exclusive management by the panchayats. J&K State needs genuine panchayat raj, more than any other state. For its much more diversities than others. In view of its multi-ethnic and multi-religious character, the panchayati raj is not only is a means for devolution of power and participatory democracy but also is vital instrument of accommodating its wide diversities. Panchayati raj implies a federal continuum through which power devolves form Centre to State and then to District, Block and Villages. In the case of J&K, regional tier is an indispensable part of the federal continuum.

Lack of trust in the people seems to be the only plausible explanation for the type of law the State has passed. Which is more an instrument of regimentation and centralization than empowerment of the people.

Public extra judicial killing by Rangers of an unarmed young man Sarfaraz Shah in Karachi – Pakistan aired on all TV channels late Wednesday 8 June 2011 has shaken every human soul in Pakistan.  Pakistanis and Kashmiris living all over the world were equally shocked by the barbarity committed in public. Under a clear blue sky, one of the Rangers shoots the pleading boy while four others stand watching.

The Rangers as a routine had earlier claimed that the boy was robbing people in the Benazir Bhutto Shaheed Park and was killed in an armed encounter. But Rangers were caught lying and with blood of an innocent human person on their hands when the incident was captured on camera and the footage found its way to television channels. Law enforcement agencies have been hiding behind the iron curtain of Army Act 1952 and have so far continued to keep the cognizance of any court under the laws of the land at arm’s length.

It is unfortunate for them that some skeletons have started falling out of the closet from May this year. Earlier TV cameras caught Frontier Constabulary and police killing in a naked aggression in broad day light five unarmed Chechens including a pregnant woman on May 17 at a checkpoint in the Quetta locality of Kharotabad.  A long list of journalist killed and the latest kidnapping, torture and killing of Saleem Shehzad are all feared to be deaths associated with the same mind set in the establishment.

Civil society institutions, politicians and commentators on TV talk shows have been vehemently arguing that ISI was involved in the kidnap, torture and death of Saleem Shehzad. The fact that telephone records of Saleem Shehzad have been erased back to 12 May offers a lead that only ISI could have power to manage the erase of telephone records from the telephone server. The practice to erase the telephone record of Saleem Shehzad is a repeat of an earlier erase of telephone record of another senior journalist Umer Cheema of The News who was kidnapped and severely tortured. He was however, lucky to survive the torture and surface alive to join his family and the news paper.

It seems that the privileges of protection under Army Act 1952 and amendments made in the Act in 2007 by Musharraf to make armed forces different from the common citizen in Pakistan and above law have come to a full circle. The secrecy and protection enjoyed so far has passed its sell by date. Ex-Federal Minister and Muslim League-Nawaz MNA Khawaja Saad Rafique stood up in the National assembly of Pakistan and called Rangers involved in the extra judicial killing of an innocent person in Karachi as Terrorists in uniform. He was joined by Makhdoom Javed Hashmi, MNA NA-149 (Multan-II) Senior Vice President PML-N, who broke down in tears and appealed the military establishment with folded hands to learn from their misadventure against Bengali people in East Pakistan. He asked the secret agencies to leave Pakistan without harm for its future generation and put an end to the killing of their own people. A countrywide debate is taking place on the growing gap between army and the common man.  People are angry to find that Field Marshal Ayub Khan in his book Friends Not Masters at page 210 has ridiculed the civilian population in Pakistan with many negatives and as low as the “Shudars” in Hindu caste system. People argue that Army ever since independence has continued to behave as elites and different from the civilians. It has failed to give up the colonial mind set as yet.

Things changed altogether when Supreme Court of Pakistan took a Suo moto action into the brutal killing and disposed the case on 10 June 2011. Chief Justice of Pakistan (CJP), Justice Iftikhar Mohammad Chaudhry on Friday ordered to post out Sindh Inspector General (IG) Police and Director General (DG) Rangers Sindh within three days. A five-member special bench headed by CJP and comprising Justice Javed Iqbal, Justice Nasir-ul-Mulk, Justice Tariq Pervez and Justice Amir Hani Muslim heard the case. The CJP termed the killing a barbaric act and said that both the officials should have resigned. He said an independent investigation was not possible in the presence of these two officials and hence they should be posted out. In case if notification in this regard is not issued their salaries would be stopped. The trial court was also instructed to hear the case on day-to-day basis and complete it within 30 days.

It is for the first time that Director General (DG) Rangers Sindh a serving General in uniform was in the dock faced with the cognizance of the Supreme Court under common law. The CJ said that the manner in which Sarfaraz’s murder had been committed clearly indicated barbarism.
The Chief Justice asked to submit the Rangers deployment notification in the court. The court was also informed that two Ranger men Shahid Zafar and Mohammed Afzal involved in the killing had been handed over to police.

The civil society in Pakistan has undergone a sea change since the uninterrupted American action in Abbottabad on 2 May 2011. A series of many other events have continued to shake their faith in the military establishment and its much ‘dreaded’ surveillance apparatus. There is a growing demand that army should accept to be obedient to the Constitution and subordinate to the elected government. It has been asked to step away from controlling the foreign policy of the State.

Demands have been justly aired that citizens deserve respect for their fundamental rights, including the rights to life and dignity of the human person. Unlawful killings by security agencies should stop and perpetrators should be made to face the full wrath of the law. This is the only way to restore public confidence in law-enforcers.

Former Prime Minister & PML-N Quaid Muhammad Nawaz Sharif while speaking at a reference held in the memory of Saleem Shehzad (journalist kidnapped, tortured and murdered) under the auspices of South Asian Free Media Association (SAFMA) on Friday 10 June 2011 in Lahore made it public that military establishment and its agencies have done so much damage to Kashmir cause as never witnessed before. It is high time that decently honest and manly bold Kashmiri leaders and common people should ask whether military establishment in Pakistan has any Kashmiri skeletons in its closets. The Strategic Depth philosophy of military establishment has failed. According to strategic depth Pakistan army was supposed to have a pro-Pakistan government in Afghanistan by any and all means. It has failed.

At the same time the authors of militancy in Kashmir have failed in their vision and commitment. They have caused the death of a generation in Kashmir and as a consequence have killed the right of self-determination as well. We are left with a confused, badly bruised, humiliated and disgraced civil society. The history of self-respect, honour and dignity of a Kashmiri man and woman has been bashed hard for the first time in its history since March 1846.

Right of Self Determination does not seem to be any of our concerns at this point after 23 years of present phase of so called ‘resistance’ movement. We are not even seen as fit and mature to be accepted as a party for any discussion between India and Pakistan on Kashmir. All our pleadings that the people of Kashmir should be taken on board have fallen on deaf ears or have been rejected with disdain. We seem to have done a further disservice to our own cause and have confused India and Pakistan, when we ask them to take on board the ‘genuine’ leadership.

The proposal (genuine leadership) constitutes a serious challenge in regard to the certification of the ‘genuine’ and the right of others condemned (not genuine) to challenge the claim of being genuine. If by certification our leaders mean the one provided by the establishment, then it makes them at war with the people of Pakistan, who have a serious grievance against their establishment. Are we prepared to sin against the common man and woman in Pakistan and side with the establishment which does not respect its Constitution, is elitist and wants to remain above law.

ابن اختر کے قلم سی

آزادکشمیر میں6جون کو انتخابات کے انعقاد کا اعلان ہوتے ہی سیاسی پارٹیوں میں جوڑتوڑ ،اتحاد ،الحاق اور انتخابی ایڈجسٹمنٹ کیلئے کوششوں نے زور پکڑ لیا ہے ۔سیاسی قائدین ممکنہ نتائج حاصل کرنے کیلئے من پسند اور مطلوب امیدوار وں  کے ناموں کو حتمی شکل دے رہے ہیں پی پی آزادکشمیر اور(ن) لیگ آزادکشمیر دونوں بڑی جماعتوں کیلئے امیدواروں کی فہرست کو حتمی شکل دینے میں مشکلات کا سامنا ہی۔ جو صورتحال منظرعام پر ہے اور جو مشکل سامنے ہے ،ایسا نہیں لگتا کہ کوئی بھی سیاسی جماعت واضح اکثریت حاصل کرپائے گی لہذا انتخابات کا مرحلہ اگر مشکل ہے تو حکومت سازی میں بھی بڑی مشکلات سامنے آئیں گی۔ مگر یہ بات ضرور ہے کہ بعض سیاسی قوتوں کو یہ صورتحال  بھائے گی اور وہ اس سے بھرپور  فائدہ اٹھانے کی پوزیشن میںہونگی۔

یہ حقیقت  اپنی جگہ موجود کہ انتخابی دنگل دوسیاسی قوتوں پی پی  پی اور ن لیگ کے درمیان ہوگا اور دونوں جماعتوں کے قائدین واضح اکثریت کے دعوے بھی کر رہے ہیں ۔ یہ تو وقت ہی بتائے گا ہوا کس رخ چلتی ہے اور اونٹ کسی کروٹ بیٹھتا ہے اوراقتدار کی ھماکس کے سرپر بیٹھتی ہی۔ اب وقت ہی بتائے گا کہ انتخابات کس انداز میں وقوع پزیر ہوتے ہیں کیا یہ شفاف منصفانہ اور کسی سیاسی مداخلت کے بغیر ہونگے یا پھر ماضی کی طرح دھاندلی کا عنصر غالب رہے گا۔ اس ضمن میں حتمی رائے قائم کرنا قبل از وقت  ہی، ہمارے ہاں کا یہ بھی سیاسی کلچررہا ہے کہ ہر جیتے والا انتخابات کو شفاف قرار دیتا ہے جبکہ بازی ہارنے والا دھاندلی کی رٹ لگاتا پھرتا ہے ۔ہاں بات ہورہی تھی انتخابات کے شفافیت کی توشفاف الیکشن کیلئے شفاف فرستوں کا ہونا بھی ضروری ہی۔جن فہرستوں کی بنیاد پر انتخابات ہونے ہیں اور اگر وہ بنیادی دستاویزہی غلطیوں کا پلندہ ہوتو شفافیت تو دور کی بات انتخابات کا انعقاد بھی مشکل ہے ۔ الیکشن کمیشن آف آزادکشمیر کی کارکردگی ملاخطہ ہو آزادکشمیر اور مہاجرین حلقوں کی کم وبیش تمام 41حلقوں کی

فہرستوں میں غلطیوں کے انبار ہیںکہیں نام کی غلطی ہے اورکہیں ولدیت ،پتہ اور رشتوں کو غلط انداز میں درج کیاگیا ہے جو انتہائی افسوس ناک امر ہے ۔کیا الیکشن کمشن کا عملہ صرف خوش گھپیوں اور چھٹیاں انجوائے کرنے کیلئے بھرتی کیا جاتا ہے اور آفیسران کیلئے غیر ملکی کو رسز کی سہولتوں کیلئے ہی اس کمیشن کا قیام عمل میں لایاگیا ہیَ اگر ایسا ہے تو پھر سب اچھا ہے اور یہ عملہ درست کام کررہا ہے یہ بات اپنی جگہ موجود کہ آزادکشمیر کے ووٹرز کی فہرست پہلے ہی غلطیوں اور جعلی ووٹوں سے مزین تھی اس میں مزید ترقی  یہ ہوئی کہ اس بار فہرست کو غلطیوں سے بھرپورکردیاگیا ہے ۔ اگر بات کی جائے مہاجرین کے حلقوں کی تو اس میں بھی کوئی مبالغہ یاغلط بیانی نہ ہوگی کہ ان حلقوں کی فہرستوں میں ڈبل انٹری ووٹوں کی بہتات  ہونے کے ساتھ ساتھ بوگس ووٹ بھی موجود ہیں۔ اکثر امیدواروں نے اپنی جیت کو یقینی بنانے کیلئے مقامی سیاسی وابستگی کی بناپر بوگس  ووٹوں کا اندراج کروارکھا ہی۔ اگر آزادکشمیر میںانتخابات کو واقعی شفاف بنانا مقصود ہے توسب سے پہلے ووٹر فہرستوں کی درستگی کو یقینی بناناہوگا ۔اگرانتخابات کی تاریخ کا اعلان کرنے کے بعد عجلت کا مظاہرہ کرتے ہوئے ماضی کی طرح پرانی ہی فہرستوں پر اکتفا کرتے ہوئے انتخابی دنگل رچانا مقصود ہے تو پھر الیکشن کمیشن آف آزادکشمیر کے وجود کی ضرورت باقی نہیںرہتی، انتخابی عمل الیکشن کمیشن آف پاکستان کی زیر نگرانی مقامی انتظامیہ کی مدد سے ممکن بنایا جاسکتا ہی۔

بات ہورہی تھی سیاسی جوڑ توڑاور ممکنہ انتخابی نتائج کی ایک بات تو واضح ہے کہ انتخابات میں معرکہ ن لیگ اور پی پی پی میں ہوگا لیکن حکومت سازی میںجو عنصر کام کرے گا وہ پٹاہوا گھوڑا ہے جو اپنی چند نششتوں کے عوض بڑا فائدہ اٹھانے کی پوزیشن میںہوجائے گا۔ جی ہاں سردار عتیق احمد خان کی مسلم کانفرنس جو چندسیٹیں تو حاصل کرلے گی مگر حکومت سازی کی پوزیشن میںنہ ہوگی لیکن سردار عتیق اپنی چند سیٹوں کو پی پی پی کے پلڑے میں ڈالنے کو فوقیت دینگے جبکہ بذریعہ وزیر امورکشمیر منظور وٹو یہ معاملات طے بھی پاچکے ہیں ۔سردار عتیق اس وزن کے عوض آزادکشمیر کی صدارت کے متمنی ہیں اور بونس میں اپنے آبائی حلقی

سے سیٹ خالی کرکے اپنے سپوت سردار عثمان عتیق کو اسمبلی کے ایوان میں پہنچادینگی۔ وہ کہتے ہیں نہ ہنگ لگے نہ پھٹکری اور رنگ بھی چوکھا ہو،سردار عتیق احمد خان کی تولاٹری ہی نکل آئے گی، انگلیاں گھی میں اور سرکڑاہی میں کے مصداق سردار عتیق صدارت کا منصب جلیلہ حاصل کرسکنے میں کامیاب ہوجائیںگی۔ پی پی پی اگرانتخابی معرکہ مارتی ہے تو وزارت عظمیٰ کیلئے بیرسٹرسلطان محمودمضبوط امیدوار ہیں گو کہ پی پی پی میں اس عہدے کیلئے کم ازکم چار امیدوار میدان عمل میں سرگرداں ہیںلیکن اگر عوامی حمایت سے ن لیگ انتخابی  میدان مارلیتی ہے تو سرار عتیق کی صدارت اور بونس جاتا رہے گا کیونکہ مسلم کانفرنس اور ن لیگ میں اتحاد اور حکومت سازی ممکن نہیں ،کسی نے خوب کہا ہے کہ سیاست میں کوئی چیز حرف آخر نہیں، دوستی اور دشمن مفادات سے وابستہ ہوتی ہے جہاں تک آزادکشمیر میں ایم کیو ایم کا معاملہ ہے تو وہ اپنا ووٹ حکومت  بنانے والی جماعت کے حق میں استعمال کر یگی اورحکومت  میں اپنا حصہ  بھی حاصل کرے گی ۔جماعت اسلامی اور جمو ںکشمیر پیپلزپارٹی بمشکل ایک ایک نشست حاصل کرپائے گی، اب دیکھنا یہ ہے کہ پی پی پی اور ن لیگ کی قیادت ٹکٹوں کی تقسیم میںکس حدتک بہتر فیصلے کرپاتی ہے ۔ انتخابی جیت اور ہار پر یہ عنصر بھی غالب رہے گا لیکن آزادکشمیر الیکشن011ء میں بہت

“upsets”

سے  بھی ہوسکتے ہیں۔