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Why Islamabad’s reaction to SC order is duplicitous

Dec 19, 2023 10:13 PM IST

Despite Pakistan's argument that the final disposition of J&K was to be made per UNSC resolutions, the country had violated UNSC resolutions on Kashmir itself

Following the Supreme Court of India’s order on Article 370 last week, Pakistan’s caretaker foreign minister Jalil Abbas Jilani said the final disposition of IIOJK (the state of Jammu and Kashmir in India) was to be made in accordance with the relevant United Nations Security Council (UNSC) resolutions and as per the aspirations of the Kashmiri people. However, the fact is the UNSC resolutions on Kashmir were violated by Pakistan when it took over direct administration of the northern areas, which form 85% of the territory of the state of J&K illegally occupied by it. This was supposed to be done in pursuance of the Karachi Agreement between Pakistan and representatives of Pakistan-Occupied Kashmir (POK). The agreement came to light in a historic judgment of the POK high court in 1993, which termed it a violation of UNSC resolutions on Kashmir by Pakistan. Pakistan had changed the territorial status quo of the region without a plebiscite.

The Supreme Court on Monday upheld the abrogation of Article 370 as constitutional. (HT FIle) PREMIUM
The Supreme Court on Monday upheld the abrogation of Article 370 as constitutional. (HT FIle)

Sardar Ibrahim Khan, who as POK president was supposed to have signed the Karachi Agreement, went on to say later on in his life that he had made other mistakes in his life but not this one. He denied ever having signed the agreement, which is now cited as the basis of Pakistan’s control of the northern territories since re-named as Gilgit-Baltistan. In reality, Pakistan had taken over control of Gilgit in November 1947, much before the so-called Karachi Agreement was signed. Major Brown who had raised the flag of revolt against Maharaja’s government on November 1, 1947, wrote in his memoirs that he handed over control of the Gilgit Agency to Mohammad Alam, Pakistan’s political agent on November 17.

This raises an interesting question. According to Pakistan’s official line, the POK’s provisional government had been declared three weeks earlier on October 24, 1947. Since Gilgit Agency was part of Kashmir, why not hand over the territory to POK, instead of Pakistan’s political agent?

Islamabad cites UNSC resolutions in support of its claim on J&K. However, the UNCIP resolution of August 1948 had asked Pakistan to withdraw all its forces from the territory illegally occupied by it. Interestingly, the UNCIP resolutions are cited in the preamble of the POK Interim Constitution Act of 1974 to justify Pakistan’s control over foreign affairs, defence, and trade in the area! The UN resolutions are cited by Pakistan not only to deceive the international community but also the people of POK.

Pakistan never recognised the “autonomy” argument while Article 370 was in force. After its deletion, it mounted a publicity campaign against India. On its side of the LOC, there was never any parallel provision. Till 1970, POK was directly run by Pakistan’s ministry of Kashmir affairs based on the Rules of Business. After the POK “Interim” Constitution was adopted, all the legislative and executive authority was vested in the Kashmir Council headed by Pakistan’s prime minister, which was the de facto government of the territory. The elected assembly and government’s role was left undefined in the Constitution. This was criticised as a proxy rule. In 2018, under the 13th amendment of the POK’s Constitution, Pakistan took direct legislative authority over 32 subjects within the POK. Any legislation on the remaining 22 subjects also requires Pakistan’s approval.

Under the Gilgit-Baltistan (G-B) order of 2018, the entire list of 61 subjects on which the local legislature enjoyed control, has been abolished. All the powers are now vested in the person of the prime minister of Pakistan. The G-B order of 2018 was challenged in the G-B Supreme Judicial Court which set it aside. Pakistan’s government appealed to the Supreme Court which sided with Islamabad and restored the G-B order of 2018 against which the people of the territory were protesting. Incidentally, Pakistan’s Supreme Court has been exercising jurisdiction over an area that does not form Pakistan’s territory under its Constitution.

Both the 13th amendment of POK’s constitution and the G-B order of 2018 were issued a year before the deletion of Article 370. Both POK and Gilgit-Baltistan have witnessed the demise of regional parties. The contest is between the local chapters of the three Pakistani mainstream parties — PML (N), PPP, and PTI. This is in complete contrast to the situation in J&K. The PDP and the National Conference have held office in the state for years. Despite some reservations about the SC order, both parties have said they will participate in the elections whenever they are held. But the people of POK and Gilgit Baltistan are not masters of their destiny: Their voice does not count in deciding their fate.

D P Srivastava is a retired diplomat and author of Forgotten Kashmir: The Other Side of the Line of Control. The views expressed are personal

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