The various disclosures in the media in India and Pakistan that retired Army Chief General Qamar Javed Bajwa and his ISI chief retired General Faiz Hameed had concluded a peace agreement with India. The small print in this plan was that Kashmir would be put on hold (frozen) for a period of 20 years.
Government of India was represented by her national security advisor, Ajit Doval. They failed to keep the control of the political scene in Pakistan and suffered a shocking exit. Both Generals failed to execute their plan on Kashmir. It seems to have been a mission without the knowledge of the political establishment of Pakistan and the Kashmiri leadership.
The main contact of General Qamar Javed Bajwa with any senior member of military establishment of India was when he served along with Indian Army chief General Bipin Rawat in the United Nations Stabilization Mission in Congo (MONUSCO) in 2008. Rawat
commanded North Kivu Brigade and Bajwa commanded South Kivu Brigade of the multinational peace keeping operation.
It is a surprise that General Bajwa had decided to bypass the long tortuous history of the struggle of the people of Jammu and Kashmir, skipped the UN template, nudge passed the Kashmiri leadership and violated the role of Pakistan as insulated in article 257 of the constitution of Pakistan. In fact he sinned against the people of Jammu and Kashmir, violated his oath and sinned against the constitution of Pakistan.
Unlike British India (Dominions of India and Pakistan) Jammu and Kashmir was not a British colony. It was a suzerainty. The State comprises of Jammu, Kashmir, Ladakh and Gilgit provinces and is described as Kashmir (Jammu and Kashmir). The state territories are
referenced in UN Security Council Resolution of 30 March 1951 and until the people of the State exercise a UN supervised vote, “neither India nor Pakistan can claim sovereignty over the State of Jammu and Kashmir.”
India and Pakistan administer the respective parts of the State on both sides of cease fire line. The two armies have not vanquished the fractured territories. They are subject to bilateral and UN Security Council restraints during their presence in these territories. The main purpose of these armies is to provide support to the local administrations in maintaining law and order. Whether these armies are required at the time of a UN supervised Plebiscite, has been left to the decision of the Government of Jammu and Kashmir, UN Plebiscite Administrator and the Commission (and in the absence of the Commission to a UN body as the situation may be).
Retired General Bajwa as an officer in the Government of Pakistan could not override the jurisprudence of his authority and create unto himself powers, which remain insulated in article 257 of the constitution of Pakistan. There is a tussle in Pakistan between the civil and military relationship. But Jammu and Kashmir is not Pakistan. The State would join Pakistan as a consequence of UN supervised vote and through a process insulated in article 257 of the constitution of Pakistan.
General Bajwa should have known that two world renowned Generals, General Ismay and General Schemes have remained advisors to British delegation during the UN Security Council debates on Jammu and Kashmir Question (later India-Pakistan Question). General Ismay was Winston Churchill’s chief military assistant during the Second World War and General Schemes, had commanded in Burma. Therefore, the jurisprudence of Kashmir needed to be addressed with due respect and regard.
Kashmir has remained a multi-disciplinary and intra-agency subject. Therefore, the military establishment continues to misdirect itself on the subject. Azad Kashmir does not have a robust press, a strong judiciary and a reliable political spread. Therefore, Kashmir continues to be mishandled and manhandled. Government of Pakistan has reserved the duties under UNCIP Resolutions to itself in the Karachi Agreement of April 1949 and Act 1974.
Unfortunately this duty has not been discharged by the Government of Pakistan or enquired into by the Government of Azad Kashmir. So much so that the Government of Pakistan
abandoned Kashmir for 32 years and did not raise it at the UN Security Council from November 1965 until September 1996. Military establishment in Pakistan has a role but Kashmir is not a security issue. People of Azad Kashmir have an agreement with the
Government of Pakistan and this agreement does not accommodate any element of the Government to negotiate Kashmir with an officer of the Government of India.
These meeting held incognito in a foreign country between two Pakistani Generals and Indian national security advisor, without any reference to the leadership of Pakistan and the leadership of Kashmir, has no legal and constitutional sanction. It is a serious violation of their office and carries serious consequences.
India has offered dialogue to the people of Kashmir. The two best offers were “Sky is the limit” by Prime Minister Rao and” Insaniyat, Kashmiriyat & Jamhooriyat” by Prime Minister Vajpayee. Although the people of Jammu and Kashmir have a right to engage India and Pakistan collectively and severally, they refused to go alone without Pakistan. It is unfortunate that General Bajwa and General Faiz Hameed decided to complete the circle of wisdom on – Rights, Dignity, Security and Self-Determination of the people on their own as if the people were a herd of sheep.
As time passes by and more facts about these secret meetings are revealed, it will seriously hurt the trust of the people of Kashmir and disturb the Pakistan’s constituency in Kashmir. Establishment has authored the militancy and Hurriyat style politics in Kashmir. Both
projects have failed and Kashmir has lost a young generation since 1990. Government of India took a decision on 5 August 2019 and there was no proportionate and pointed action.
The leadership and Government of Azad Kashmir was advised to keep low in their response. A one-time protest by the AJK leadership, all riding a truck and other helter-skelter sit-ins could not be considered enough to force India to vacate her action of 5 August 2019. Government of India continues to strangulate Kashmir and has disenfranchised it. We do not have an elected Government. The Bajwa plan to freeze Kashmir for 20 years, may have been part of his plan to remain in power for 20 years in Pakistan. God proposed differently and both General, their associates in Government of Azad Kashmir and AJK politics have a case to answer. Kashmiris could consider a case of reparation and damages against this plan and its planners.
The writer is President Jammu and Kashmir Council for Human Rights.