Gilgit-Baltistan and adjoining areas called Northern Areas have been given, albeit provisionally, the status of a province by Pakistan. This administrative decision is meant to confer legal and constitutional rights on Northern Areas' people in light of Supreme Court's decisions and as a response to other developments having taken place during the last two years. Parliament by law can admit into the federation any area or state as provided under Article 1(3) of the Constitution of Pakistan. This move also comes after India's illegal annexation of the Indian Occupied Kashmir (IOK) on 5 August 2019 and ostensibly wrong claim over this area in violation of the so-called instrument of accession singed by Mountbatten as India's Governor General, UNSC Resolutions and the Simla Agreement of 1972 as the latter prohibited unilateral alteration of the Line of Control. Kashmir is a disputed territory and an alive issue on the United Nations' agenda. Pakistan's decision reflects its commitment to the people of Kashmir and the world and a firm denial of India's illegal claim over this Area.

Kashmir is an unfinished agenda of the British India's partition. Great Britain fled the Sub-continent in the summer of 1947 and deliberately left behind perennial mess and disputes to fight over successor states India and Pakistan. It would serve Britain's long-term strategic goals in the region. These two nations bred hatred after senseless killings and displacements of millions during the partition that left deep and incurable wounds and permanent scars on the face of humanity. Amongst other consequences thereof India and Pakistan shall never be able to take a joint stand to reclaim their plundered wealth from Britain that includes Koh-e-Noor studded in the British royal crown, precious jewels and ornaments of Rajas and Ranis, wealth of Benares (Varanasi), Oudh, the Punjab and Bengal and many other places and palaces and most importantly the intellectual wealth of centuries comprising master pieces of literature, books and manuscripts stolen during the British rule in India. On the contrary their hard earned resources are diverted towards buying weapons, planes and missiles while scores of millions sleep without food every night.

Britain deliberately left undecided the fate of princely states under the Indian Independence Act, 1947 because it suited India with a big army and huge resources with the tacit support of Clement Attlee and Louis Mountbatten to forcibly and illegally incorporate them into the Union. Hyderabad, Kashmir, Junagadh and many other states were forcibly occupied or coerced to join the Indian Union. Sardar Vallabhbhai Patel and V.P Menon were famously called the architects of this infamous plan. All is documented in Menon's 'The story of integration of Indian States' and Patel's papers. Patel's large statue built by Narendra Modi laughs at humanity and minorities of India. Had India shown large-heartedness by fairly dealing with Pakistan and its other neighbors, lost splendor, glory, magnificence and opulence of Mughals would have revived in this region.

The Quaid alone could not have been able to fight the machinations of Indo-British intrigue against the newly-created resourceless Pakistan. British proverbial sense of justice was exposed in the partition of India. Pakistan was denied so much. Pakistan recently lost to India (a case over Hyderabad of an amount given by the Nizam against supply of arms to defend against the Indian aggression and deposited in NatWest Bank) mainly due to the lack of institutional knowledge and commitment required in such matters. Britain supplied weapons to the Nizam and got paid for it as mentioned in Mir Laiq Ali's 'The Tragedy of Hyderabad' book. Hyderabad and Junagadh are forgotten but the case for Kashmir is linked with them.

The saga of partition has continued in many ways. Pakistan's policymakers are used to look at everything through India's prism, be it the partition of India, Kashmir dispute, business, communication, defense or domestic affairs. There is always an Indian aspect. Perhaps the injustice and existential threat it faced at the hands of India has left a permanent mark. Kashmir is a dispute between India and Pakistan since 1947 which may have a lager impact on policy decisions but it should not be allowed to fashion every decision. This approach is primarily based on a premise that Pakistan has an existential threat from India. Unfortunately, this approach has a great demerit for it limits Pakistan's options. Moreover, since it is a reactionary approach based on emotions than reflection, it lacks a cognitive content. It may not be necessarily a correct approach to deal with strategic issues. Pakistan's policy on Kashmir is seemingly determined by a reaction to steps, actions and decisions made by India. It needs to be de-hyphened.

History is a guide to determine a future course and to learn from it without repeating blunders. It should have been clear after the June 1947 Plan and the Radcliff Award over the partition of the Punjab that India had eyes on Kashmir. Gandhi visited Kashmir on 1 August 1947, the day Mountbatten revoked Gilgit lease made in 1935 abetting with Indian Congress against Pakistan. Then a fake accession of Kashmir on 27 October 1947 further manifested that Atlee's Government connivance with Mountbatten. India has since then been making all-out efforts to weaken Pakistan. Gandhi, Nehru and Patel would not give Kashmir to Pakistan under any circumstance. From 1947 to 2020 no forum could convince India to settle this matter and respect human rights, of which plebiscite is one. Whatever we got of Kashmir was the result of our own efforts with the support of Kashmiri people. Kashmiris are the real party to this dispute.

On 5 August 2019, India illegally annexed IOK in violation of its commitments to the world and the UN Resolutions. As a ploy, it even included Gilgit-Baltistan in its map. These areas were never an actual part of the State of Jammu & Kashmir. Prior to the day of farce accession on 27 October 1947, the people of Northern Areas, in any event, ceded from the State Jammu & Kashmir. In fact, Gilgit had the status of an agency under the British Government from 1899 (Danger in Kashmir, Joseph Korbel, page 13). Soon after the partition of India, before the Maharaja could decide about Kashmir's fate or India could fake an accession, valiant locals in Gilgit-Baltistan and adjoining areas revolted and freed themselves. (Kashmir: A disputed Legacy, Alistair Lamb, 1991). 'Gilgit Rebellion' by William A Brown also establishes this point.

Gilgit-Baltistan and Azad Jammu & Kashmir have remained under Pakistan's control since August 1947 and people of these areas were always treated as citizens of Pakistan. This position has been tacitly accepted by the world and India. Indian aggression in these areas would amount to an act of war under International law. Pakistan would be justified in using force in defending it against the Indian aggression. The events of 27 February 2019 prove it.

The whole world and great powers including Britain, that was a primary party to this dispute, must realize their moral duty and come forward to end this great human suffering. Kashmir is not a mere territorial dispute. It is human tragedy and Kashmiris must be saved from the impeding genocide at all costs. They should not sufferers in the great game.

Copyright Business Recorder, 2020

Muhammad Waqar Rana

The writer is Advocate Supreme Court and a former Additional Attorney-General for Pakistan

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