Kashmir: Legal-military coup d’état and ancient doctrine

While peeping empirically in the genesis of Kashmir dispute, the consistency in Indian policies is fine-tuned in the state structure under the legal, political and ideological framework of India. It is interesting to analyze the persistent pattern despite the changes of actors in the power grid of Delhi. There is absolute consistency in theory and practice among policymakers of India to handle the Kashmir dispute, therefore, there is not an iota of difference in mindsets of various political entities of India, whether rightist, extreme rightist, ultra-nationalist, leftist or communist-led by Indian Congress, Congress-I, JD or BJP. Every political entity of India played a role to integrate Kashmir in Indian Union to satisfy vote bank of Hindu majority, predominantly the upper caste of India.

There are analogy and the highest degree of the semblance between the policies of two main political parties’ doctrine about Kashmir dispute who ruled the majority of time in India. Pandith Jawahar Lal Nehru said in 1948 that, “90% of the Kashmir problem is solved by the geographical control and 10% is left for the discussion”, which resembles with the doctrine of the LK Advani who proposed that “we shall destroy our enemy in Kashmir and then open the files of law”. The first assault to weaken the legal and constitutional position of Kashmir was from Pandith Nehru, who enslaved Kashmir while utilizing Sheikh Abdullah the tallest leader of the era to manage the Kashmiris in post fraudulent accession of Maharaja Hari Singh on the name of secularism. The first trickery was that all matters except the defense, currency and foreign relations will remain with Delhi while as rest are the subject of the state. Abdullah smelled the trap but ultimacy compromised but he was immediately put behind the bars by his best friend Pandith jee on the charges of conspiracy, commonly Known as “Kashmir conspiracy case” and liaison with Pakistan was also in the charge sheet. He remained behind bars in intervals till 1973 and returned in power in the age of 72 after acceptance of surrender in Delhi Accord of 1974 with the successor of Nehru, Indra Gandhi the leader of Congress-I.

Abdullah eroded the 370, with a change in nomenclature of Prime Minister and the President. These titles were replaced as the Chief Minister and the Governor vis – a -vis jurisdiction of the supreme court of India was extended to IoK. From 1954-94 against the total of 97 union list were inducted in IoK from Union list and 365 out of 395 from the Indian constitution were also made applicable. The lost one was the GST issue, inducted by Mahboba/ BJP collation regime in 2017. It is pertinent to mention that the special status is enjoyed by other provinces of India under 371/A in the 4th schedule in 10 states of the central India vis-à-vis under the sixth schedule in Assam, Mizoram, Nagaland, and Tripura. Legal experts have the unanimous opinion that present fascist regime was having no option to amend 370, because concurrence from elected leadership was mandatory, therefore, it was her compulsion to enter through back door. The 5th august legal-military coup was as per ancient doctrine when BJP brought an amendment in article 368 before amending 370. They replaced the name of the elected chief minister to the governor as head, which simply means President of India has ratified the decision by his nominated representative. Modi led regime also violated the fundamental rights guaranteed by Indian constitution under 14.19 and 21while putting entire eight million inhabitants of Kashmir is lockdown since 4 August. It speaks volumes, she went at the extreme extent with proper groundwork domestically, nationally and internationally.

To challenge this pseudo-legal military quo against Kashmiris 11 write petitions are filled in the Supreme Court of India by eminent lawyers, residents, and the media persons from 6th August to 28, however, no relief was considered by the Supreme Court of India, even on the human rights and humanitarian grounds, however, the Supreme Court of India constituted 5 member bench headed by CJI Ranjan Gogoi, to hear the petitions in the first week of September. SCI did not consider the relief in siege is an indicator that the court has toed the line of the state to give enough space to present regime to crush the Kashmiris under continues lockdown while lingering the hearing. Constitutional Pandith’s are of the opinion that, there is no example of SCI to go against the pronouncement passed by both houses of India with an absolute majority. However, what SJI may propose, the petition will be referred to the constitutional committee. They will take a minimum of three years to come to any conclusion. Modi led trios decision is a repetition of the procedure adopted by Pandith Nehru in 1947 to take the Kashmir dispute to UN and buy the time and open the legal debate which is continued till date and operationalization of the L.K Advani doctrine to dilute and annihilate the Kashmiris and then open the books of law. Its mother source of this philosophy is the Chankiyan “Arathsastra” used to be the Kashmiri Pandith, migrated to Taxila, now in Rawalpindi district of Pakistan.

It should be clear to the policymakers and policy drivers of Pakistan that Arathsastra is the sacred scripture to any and every Hindu ruler to practice the politics, therefore, the policy of the fascist regime of Modi is not different from so-called secular congress. When Abdullah insisted to retain the title of prime minister in 1974. Indra Gandhi replied to him, that the needles of the watch cannot move antilock wise. The only question is that in post scarping of the 370 and 35/A who would be next Bakhshi to give shoulder to BJP in Kashmir and who will be next Abdullah to be pawn of Doval doctrine, though Modi is least bothered that there shall any crony from Muslims origin of Kashmir, when 2.2 Million Muslim population is unrepresented in India and their none Muslim parliamentarian among 300 seats of BJP one needs to learn the lesson what Qaid e Azam advised to Abdullah in 1947. It is first time in post 5 August the pro- Indian and resistance camp are sailing in the same boat, however, it is yet to see will get refuge in bashing Modi’s fascism and embarrassing the Congress’s secularism however verdict of the history is this; either India is ruled by socialist, secularist or fascist they are two faces of the same coin. The lone weapon of oppressed is unity, which can act as a new fulcrum of resistance against India amid of loud and clear message by General Bajwa while speaking spade a spade on 6th October, that, Pakistan is committed with Kashmir till last soldier, bullet and breath, however Kashmiris desperately looking for, something more, than political, diplomatic and moral support.

The author is PhD / Director. Institute of Multi-Track Dialogue, Development, and Diplomatic Studies, affiliated with RIPHAH International University, waleed.rasool@gmail.com