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Friday, 17 September 2021

Daily Diary (DD) - Day 260 of 2021

1830hrs:

Relative calm after what was essentially a stormy visit to the Neelam Valley and other areas South enroute and on return. From Sehnsa and Dadyaal the total round trip amounts to close to 800 km. This was my third whirlwind journey since my release from prison on the 19th of June.

I did try and log an entry yesterday but missed the midnight deadline by a matter of minutes once again.

 

Wednesday, 15 September 2021

Daily Diary (DD) - Day 258 of 2021

2259hrs:

Travel continues........putting the past few days into perspective.....reviewing the experience....the biggest challenge by far is the competing attitudes of my own people. Most mean well but tend to operate in circles.....result: little forward movement....and if there is it is followed by many steps back. It's a challenge I relish though despite everything.

Tuesday, 14 September 2021

Daily Diary (DD) - Day 257 of 2021

1945hrs: 

With so many thoughts and responsibilities going through my mind, it is difficult to pin down what to write but it is important to be as frank as possible. That is my defence as well as attack. I am not working for any ideology with global aspirations but am pursuing geographic nationalism viz. a neutral State with regional as much as global solutions in the shape of water management.

This alone will not save me from political exploitation despite my pursuit being peaceful, educational, economic and cultural.  

......

Sunday, 12 September 2021

Daily Diary (DD) - Day 255 of 2021

0152hrs:

I tried to log an entry about 15 minutes before midnight but the internet connection was too slow to load this page! 

Travelling........and dealing with intermittent but torrential rain. 

Nature has its own plans, let's celebrate it.

......

Friday, 10 September 2021

Daily Diary (DD) - Day 253 of 2021

2335hrs:

Keeping one's composure after having spent 36 hours awake; of which about 30 have involved constant communication with different co-citizens of the State - local and abroad - plus a couple of hours of travel, can be an invaluable temperament to master.

I would like to announce - if it isn't clear already - that I'm straining for humanity and civilisation by reactivating shared heritage space across religious affinities in Jammu Kashmir & Allied, in a wider region deeply ruptured by religious difference, especially since 1947. 

There is the political narrative and then there's the cultural narrative. The latter can provide much needed oxygen to our conflict ridden territory and in turn generate socio-economic dividends desperately needed by all communities, irrespective of religion. The political arena and the cultural arena can be different activities and demand separate space. The political has proved to be a lock for decades but the cultural can be a key for centuries. 

How does religious/inter-faith harmony trump religious seclusion?

In other words, how can 'lose lose' convert to 'win win'?

These are the questions that will test our society over the next few days.    

If India and Pakistan can stay away from politics in this period so can we, the inhabitants of this territory.

Before we exit the political landscape, I'm of the opinion that Britain has a shared responsibility in this regard too. Not least because of its colonial legacy but it is perfectly positioned to help us 'right' a 'wrong'. Despite its persistent insistence that matters in this region are for India and Pakistan to resolve (while depriving local agency) it can come out from behind the curtain and champion cultural diversity and religious harmony, just as it does in its own country. In this respect, Britain qualifies to lead from the front.

......

Thursday, 9 September 2021

Daily Diary (DD) - Day 252 of 2021

1515hrs:

Logging a bit earlier today, in an attempt to remain ahead of the game:



Now, here's the actual programme:



........

Wednesday, 8 September 2021

Daily Diary (DD) - Day 251 of 2021

2015hrs:

There's a lot that goes on during the course of 24 hours every 24 hours but I'm yet to master the art of logging all important proceedings here, in real time. Thus, a backlog generates over time which becomes impossible to grapple with, in the receding time frame available on the future horizon. More serious matters overtake the less serious despite being important in their own right.

  

Tuesday, 7 September 2021

Daily Diary (DD) - Day 250 of 2021

 2212hrs:

The world is moving a lot faster than us. If only our people understand the implications of this for our struggle.

Meanwhile, in a bid to alert my co-citizens in good time about crucial upcoming events in public interest I sent out the following message this evening:

A serious message for my co-citizens of AJK - 07/09/2021

Being recognised as a civil society is a condition for being recognised as a Nation State, in the world's most contested region.

We need a world class university and an international airport in AJK if we don't want to disappear as a State - this requires legislation and hence a Public Assembly - the world recognises constitutionalism and representative democratic politics based on public opinion research....it can easily distinguish that from colonial and post-colonial governance structures....we must continue on this people's referenced journey in 2021....I restarted my personal journey towards the end of July when I took my mother to Sharda, even though my health had still not recovered from 13 hunger strikes and almost 10 months in prison. 

The rest of the world is moving much faster than we are and we have to catch up to survive.

In the next few days, this journey takes me to the Neelam Valley once again. There clearly needs to be a common communication channel between civil society in AJK and both India & Pakistan, to avoid any misunderstanding about our pro-life measures, which are part of a prominent internal narrative of Jammu Kashmir & Allied (JKA).

All 3 public narratives (viz. Indian, Internal and Pakistani) must learn to co-exist in this territory while we strain to improve people's lives.

The JKA constitutional, political and human dilemma is not for India and Pakistan to resolve in the shape of permanent division of our territory and forever contested space for the world's larger powers. It is for the local inhabitants to define neutral boundaries and provide practical solutions for the region's water needs.

This journey requires pro-life measures such as world-class education and direct communication with the outside world. 

We in AJK cannot progress with these aspirations without religious harmony. Just as the Masaajid and Darbars of AJK are visited and worship to Allah is alive so must the Mandirs and Gurdwaras of AJK be given that opportunity to be worshipped in, in a manner bearers of those religions seek. It is our duty in humanity to facilitate them.

This is a major reason why other societies are flourishing and we are not.

The Muslims of AJK in particular should also take historic reference from the rule of Zainul Abideen alias 'Budshah', who ruled Kashmir from 1420 to 1470. He understood the importance of religious harmony for security, education, economy and culture. He proved to be the most successful Muslim ruler ever in this region and by far.

End...

Tanveer Ahmed - an independent action-oriented public policy researcher, operating uninterrupted on the ground in AJK since April 2005

....

Monday, 6 September 2021

Sunday, 5 September 2021

Daily Diary (DD) - Day 248 of 2021

2338hrs:

Yesterday was a very notable day at Palandri........Here's my speech:
 

Earlier in the day, the same broadcaster had taken an interview from me in reference to my on going court case:


....

Friday, 3 September 2021

Daily Diary (DD) - Day 246 of 2021

2045hrs:

What lets us down most of all (as an aspiring nation-State viz. Jammu Kashmir & Allied) is the personal or personality-based arguments we have with each other. This has a direct impact on our objectives and usually cancels out the sincere efforts of many an activist in this region. 

We all have opinions and wish for others to concur with those opinions, which amongst other negative outcomes deprives us of identifying a concise aggregate opinion on which to base public policy. Most - if not all - successful countries master the art of balancing diverse opinion and succeed in creating consensus for public policy. On our part, we struggle to tolerate other opinions even if they resemble our own. For those of us who get past this barrier falter at the next hurdle, namely agreeing on a common plan of action.

..... 

Thursday, 2 September 2021

Daily Diary (DD) - Day 245 of 2021

2240hrs:

The tasks we set get harder with each passing day but in turn get easier if we maintain a consistent routine. In fact, there is possibly nothing stronger than consistency to break the heaviest of barriers.

For the record and for those who missed the live videos on JKTV that day viz. 21/08/2020


For the benefit of those of you that are watching the video direct from this page I shall write the description of the video below. You may read and comment as appropriate:

Flags are the most obvious symbols of sovereignty and claims to ownership of territory. De jure sovereignty in AJK belongs to the people, they are the legal inheritors of this territory. The people were also referenced in the declared statement of the 24th of October 1947, claimed by the founding president of AJK. However, de facto sovereignty has been practiced here by the Pakistani State since it invaded via tribal Pathan proxies on the 22nd of October 1947. This invasion practically ended the State of Jammu & Kashmir's independence since the 15th of August 1947; as clarified in the Indian Independence Act whose plan was initially announced on the 3rd of June 1947, then enacted and adopted by the British Parliament, while receiving royal assent on 18 July 1947. This very act also created the dominions of India and Pakistan. The Pakistani invasion on the 22nd of October gave opportunity and casus belli for overt and open Indian involvement in the affairs of Jammu & Kashmir. In other words, Pakistan paved the path for India to openly enter Jammu & Kashmir. Meanwhile, Britain facilitated both countries - which were yet dominions of the British commonwealth - to jointly control respective parts of the State of Jammu & Kashmir (initially 63% India and 37% Pakistan until the entry of China in 1962) without the people's reference being utilised. The status quo persists to date (21 August 2020) while Britain and all other stakeholders keep us - the people - entangled in Indo-Pak bilateralism, which remains a perfect alibi to permanently divide our territory. Thus, de jure sovereignty remains with the people. on whom the onus lies to synchronise that entitlement with a hands-on peaceful, ethical, legal and democratic struggle to reclaim de facto sovereignty. In simpler terms, converting the people's entitlement to public policy in AJK, which would provide a reference for governance and conflict resolution in the remaining parts of Jammu Kashmir and Allied areas. In even simpler terms, reclaiming our 'Right to Rule' from Pakistan will evaporate India's claim to this territory, subject to the people's reference. This video is a testament to this contest, in the most vivid and transparent way possible. Notes (definition of terminology used):

testament (meaning):

noun
1.
a person's will, especially the part relating to personal property.
"father's will and testament"
2.
something that serves as a sign or evidence of a specified fact, event, or quality.
"growing attendance figures are a testament to the event's popularity"
Similar:
testimony
witness
evidence
proof
attestation
demonstration
indication

de jure (meaning):

adverb
according to rightful entitlement or claim; by right.
"the resolution declared that the independent Republic of Latvia proclaimed on November 18, 1918 was still in existence de jure"
Similar:
by right
rightfully
legally
according to the law
Opposite:
de facto
adjective
existing or holding a specified position by legal right.
"he had been de jure king since his father's death"

casus belli (meaning):

noun
an act or situation that provokes or justifies a war.

Ref. definition of meanings derived from Google

.....

Wednesday, 1 September 2021

Daily Diary (DD) - Day 244 of 2021

2149hrs:

One has to get sharper with each passing day. There is little room for error. 

Tuesday, 31 August 2021

Daily Diary (DD) - Day 243 of 2021

2208hrs:

Hectic travelling from South to North of AJK and back prevented me from blogging in the past couple of days.......my routine is still consistent with good shape but my challenges are ballooning.....let it be.......what is life without intensity?

......


Saturday, 28 August 2021

Daily Diary (DD) - Day 240 of 2021

 2338hrs:

This is my 6th daily blog on the trot which indicates that I'm well on my way to resuming my pace as it was before imprisonment. In fact, all indications are that I will surpass that level at some stage very soon. 

Friday, 27 August 2021

Daily Diary (DD) - Day 239 of 2021

2322hrs:

Building blocks to develop 21st century governance can be as long as eternity without the desired outcome or as short as weeks and months with a desired outcome. The odds in AJK are in favour of the former outcome but that is where sheer grit, consistent determination and pure will can always change the course of history.

Each and every moment - both passive and active - can count and matter. Such is the dynamism of the age.

  

Thursday, 26 August 2021

Daily Diary (DD) - Day 238 of 2021

2308hrs:

At times when there are very difficult decisions to make in life, one actively seeks inspiration.

Meanwhile, my routine is coming along well. Consistency derives its own pleasures.



 

Wednesday, 25 August 2021

Tuesday, 24 August 2021

Daily Diary (DD) - Day 236 of 2021

2339hrs:

Its never easy getting back into a daily working routine but one has to make the most of what is available in terms of time, energy and resources. That's how it has always been for most of humanity's existence here.

Multi-tasking and a high volume of communicating with others are major challenges......

 

Monday, 23 August 2021

Daily Diary (DD) - Day 235 of 2021

 2126hrs:

This has probably been one of my most productive days since release from prison on the 19th of June - which seems a long time ago - not least because of my self-imposed seclusion. I needed to clear my head so that I can have the best shot at what remains to be the rest of my life. Long or short, the result must be constant and a pattern of output in tune with the thoughts and actions required for the 21st century.

Here's a tribute to a legend that took me along his path, from the man most qualified to present this tribute, his active son:



As touched on already, it was a busy day at the office today. It took us to Neelam and back but not without some healthy diversions to other parts of the world. We live in the connected age after all.

....

A Prime Example of how the Pakistani State indoctrinates our population en masse from a very young age to adopt its nationalist narrative while suppressing our own indigenous nationalist narrative, yet it claims to have a 'principled' stand of advocating self-determination for the people of Jammu & Kashmir 

Dudhnial High School - which is housed in the premises of Dudhnial Government Inter College


On the 20th of August at Dudhnial Government High School an assembly took place as usual at 0800hrs. What was unusual was that some students of the 9th class decided to react to the Pakistani State's imposed activity of regularly chanting "Kashmir Banega Pakistan" (Kashmir will become Pakistan) with "Kashmir Banega Khudmukhtar" (Kashmir will become independent) in defiance.

One teacher in particular, namely Saboor Iqbal (16th grade but yet ad hoc meaning that his employment was still tentative) became furious at this reaction and immediately brought out a register and demanded to take down the names of all those students who chanted the latter slogan. 

Saboor Iqbal

These 'rebellious' students were separated from the others and expelled from the assembly. Saboor Iqbal further threatened them with expulsion from school and also suggested that the police be called and these students promptly be handed over to them. At this point lab assistant Malik Mumtaz went even further and suggested that rather we should call the Pakistani army and they should lathi (baton) charge these 'offending' students of the 9th class, all of whom were under 16.

Malik Mumtaz


An example of indoctrination at school assemblies throughout AJK below:



Transliteration and translation:

Naaaaara e takbir....Allah o Akbar (Slogan to magnify that God is great)

Islam...zindabad - (Long live Islam) 

Islam....zindabad - (Long live Islam)

Pakistan....zindabad - (Long live Pakistan) 

Pakistan....zindabad - (Long live Pakistan)

Pakistan....zindabad - (Long live Pakistan)

End...

Note: It is clear from the slogans that Pakistan is conflated with Islam to give children the impression that they are one and the same, whereas Islam is a universal message for humanity and for its adherents a matter of faith, dignity and spirituality. Meanwhile, Pakistan is a country like 200 or so other countries in the world which all have common secular challenges and responsibilities to their citizens, which cannot be abdicated from or wished away under the cover of religious sentiment and affiliation.   

What followed over the next few days was tantamount to torture for these students and others (older students) who emerged in their support. Threats from the school administration ensued to not raise the issue/incident elsewhere - including social media - to keep quiet and effectively consider this repression and suppression as the will of Allah (rather than the will of the Pakistani State which when push comes to shove is every bit as suppressive and repressive as the Indian State vis a vis Kashmir). 

These children were also censured by their family and some friends to not make an issue of this, as it would lead to further trouble for both students and teachers alike.

This gave the impression in some quarters of civil society that the students were not taking a stand while activity on social media as referenced below mainly gave a feedback of outrage against the behaviour of the school's administration.

FB posts:




Ideally, schools should not be venues for political sloganeering but this is customary and compulsory throughout AJK. The Pakistanis wish to leave no stone unturned to promote and protect their nationalist narrative in this territory, which they describe as disputed. Thus, they are keen to project to the neighbourhood and the outside world alike that everybody here in AJK is keen for Kashmir to become a part of Pakistan. Making Pakistanis out of our children from the outset is thus a primary objective of theirs. 

For the majority of the population in AJK (as corroborated by various public opinion polls including the most extensive and representative survey conducted by this writer), this is an insult to our children's freedom to think and on a broader scale the right of the people of Jammu & Kashmir to exist as an independent entity on their own terms, not unlike how India and Pakistan crave to exist. 

Students and their close sympathisers in Dudhnial strongly feel that such strong-arm interventions and suppression in AJK's educational establishments should be challenged, otherwise matters will get further out of hand. In particular, that the authorities will take even more liberties with children in future. Thus, they demand that either an FIR (First Information Report) be lodged with the police against the teachers in question, in reference to the threats and harassment received by the students, or that the teachers be suspended or that they apologise to the students.

When enquiries were made before compiling this report we learned that the ad hoc 16th grade teacher Saboor Iqbal who seemingly instigated this issue claimed that an 'official' notification to the effect that only the slogan of 'Kashmir Banega Pakistan' (Kashmir will become Pakistan) can be chanted in school has been circulated. We did try to obtain the aforementioned notification but the school hasn't obliged despite assuring us that they would do so.

We also learned that the children were threatened again on the 24th of August (a day after initially compiling this report). It was reiterated that nobody can raise the slogan of independence inside or outside the college. Further, that if they did so they - the students - would be 'picked up' etc.

Local activists of the region have had detailed interaction with the school authorities as well as the district administration in pursuit of redressal. They feel that there is suppression on both sides of the State of Jammu & Kashmir without a doubt whereby students and teachers alike are compelled to chant slogans in favour of the 'occupiers'. That this is a primary means of controlling their respectively 'held' territories. 

According to the school authorities and district administration they are forcefully bound that in any institution no separatist/independent organisation or ideology is to be tolerated. Further, that they are compromised by their necessities of work viz. they are not in a position to resist the instructions given out from time to time by the agents of the Pakistani State. In their opinion, they are not the ones compelling the students given their livelihood compulsions. 

On their part, they reason that they explained to the students to not do anything that will become a problem (danger) for both of them viz. the teachers/admin and students alike. As indicated earlier, relatives of students also play a role in scaring children against resistance and independent advocacy, not least because they are well aware of what possible repercussions may emerge on the part of the deep Pakistani State. 

In conclusion, this writer would earnestly advocate that schools are not a place for political propaganda, irrespective of whatever ideology is being propagated. Enforced chanting of political slogans will cause a reaction like it did in Dudhnial, Neelam Valley. Resistance in AJK is now beginning from a younger age and even in the remotest and most 'sensitive' of areas, where hitherto resistance had proved most expensive for locals (viz. being 'picked up' tortured and denied habeas corpus by Pakistan's clandestine agents). That fear is rapidly eroding in the digital age.   

Sunday, 8 August 2021

Daily Diary (DD) - Day 220 of 2021

0000hrs:

(2347hrs: Is when I began writing but a bit of diversion made me miss the midnight clock)

It has taken me 49 days to re-initiate contact with my social media network. Life before jail and after jail is very different. Gladly, for a lot more positive reasons than negative. Every danger is an opportunity. None more so than now possibly. 

The public of AJK is a lot more alert today than it has ever been. It is eager for a cue in the right direction but needs never before accomplished administrative management of its public affairs. It doesn't want to be washed away like the Indian controlled part of Jammu Kashmir & Allied.



Thursday, 5 August 2021

Daily Diary (DD) - Day 217 of 2021

2330hrs:

I didn't plan to have such a long break (21 days) from daily blogging but it is a fact that my health has not recovered from almost 10 months in prison and 13 hunger strikes. 

Recently, I even undertook a gruelling journey of 913 kilometres in 8 days. From district Mirpur to district Neelam and specifically up to Sharda. I didn't feel it so much during the journey as I am doing now. My health has a distance to go to recover.  

 

Thursday, 15 July 2021

Daily Diary (DD) - Day 196 of 2021

2239hrs:

Fighting hard to develop a writing routine while grappling with a new blogger interface. I do prefer the previous version but understand that it is no longer available.

 

Wednesday, 14 July 2021

Daily Diary (DD) - Day 195 of 2021

It was 303 days in jail. Then I needed 24 days to come to terms with my new environment - a bigger jail than the one I was kept in since my arrest on Day 233 of 2020 - to blog now in the evening after a break of 327 days, on Day 195 of 2021. 

What an experience! 

About 50 books read and still to count - certainly over 303 pages written with ink on paper - was just one aspect of it.

More on that as we proceed over the next few months......

I should start from Day 234 of 2020, which I hastily didn't allow time to post on that day. I was - of course - violently arrested and dragged to the police station in Dadyaal effectively, on that memorable day of August the 21st.

We reached the courts just past 1300hrs that day, hoping to get the 5 page document below to both serving judges (Civil and Additional Session) before they retired that day.

Document:

A petition to the judiciary of Azad Jammu & Kashmir (hereafter referred to as AJK) via

The Honourable Sessions Court - Tehsil Dadyaal District Mirpur - AJK

Date: Friday the 21st of August 2020

Subjects for existential consideration by the honourable court:

A) Absence of rule of law in AJK / Denial of fundamental rights to the citizens residing here

B) An assumed constitutional structure in AJK based on false premises and misleading intent / Foreign aggression in our geo-politically neutral territory

The petitioner Tanveer Ahmed s/o Khan Muhammad Rafique is an independent researcher working un-interrupted on the ground in AJK since 2005; covering all aspects of governance and public policy in general - with a particular focus on public opinion, human rights, economy and the history of this region from 1820 to 2020. His professional background is in international journalism and British parliamentary affairs.

Permanent residency of the petitioner is at Village: Gurutta PO: Hajiabad Tehsil: Sehnsa District: Kotli AJK but is settled with his family in Aara Jattan Dadyaal since the summer of 2017. The petitioner's family has resided in the State since the 14th century AD (c. 700 years) and is by default a Class 1 state subject according to the State Subject Rule of the 20th of April 1927.

The petitioner delivers this petition to the honourable court as an existential matter for the State of Jammu Kashmir & Allied (hereafter referred to as JKA) and its inheritors, as it stood till the dishonouring of the Standstill Agreement (a provision in the Indian Independence Act - 18 July 1947) between the Maharaja of JKA and the newly created British dominion of Pakistan, in September and October of 1947.

Legality, Constitutionalism and Sovereignty

The unresolved status of JKA is contingent on the unfettered will of the people deciding their own destiny, as intimated in the preamble of the current constitutional structure operating in AJK viz. 'The interim Act/Constitution of 1974'. The people's reference has also been cited by all external political entities that have since adopted physical presence or influence in this territory. Indeed, the people's reference has been cited for this territory more than any other territory in the world, yet we still remain disenfranchised in 2020. Identifying why has been this petitioner's primary source of motivation for his action-oriented research. In other words, this is not research merely for the purpose of research but to convert the subjects (the people) into actors of change based on research findings.

It has been learned that there is no country in the world that possesses any form of documentation (obtained through genuine due legal and democratic process) which could possibly prove that they can claim sovereign rights over this territory or interfere with its internal polity. Be it China, India, Pakistan, the United Kingdom or the United States of America; allegedly all of whom have or intend to permanently change the status of this territory.

In turn, the people of this territory are not bound in any agreement, treaty or contract with any external entity.

Reference: A citizen's witness statement by former Chief Justice of High Court AJK - Abdul Majeed Malik

link:

https://tanveerandkashmir.blogspot.com/2019/08/daily-diary-dd-day-240-of-2019.html

The fact that the people of this territory are sovereign is also expounded by the 24th of October 1947 provisional government declaration, upon which the current governing structure in AJK bases its existence on. If we take as fact that the people of this territory genuinely rebelled against the Maharaja and set up their own government, it can be logically perceived that the people were sovereign to do so.

De jure sovereignty of this territory is thus asserted as subject to the people's will.

A) Absence of rule of law in AJK / Denial of fundamental rights to the citizens residing here

Every well meaning judiciary - and by extension constitution - in the world has the responsibility of upholding the rule of law in its jurisdiction, of ensuring accountability of all pillars of society, of identifying merit in the institutions of governance and of maintaining transparency for the free flow of information, concerning all matters invested in by the taxpayer. There is zero clarity on these concepts in AJK.

The people of this territory are denied (the list is not exhaustive):

1) Right to life

2) Habeas Corpus

3) Freedom of speech/expression/ideology/religion

4) Freedom of assembly

5) Freedom of movement

6) Right to government employment and/or influencing public policy

Every assertion or allegation cited above can be supported by countless examples in documented form - either experienced by the petitioner himself - or by other co-citizens via information gathered through ground research. It is without question that the petitioner can make these documented evidences available for the honourable court upon demand and at short notice. 

References can also be searched by keyword at: ajkpublicagency.org

B) An assumed constitutional structure in AJK based on false premises and misleading intent / Foreign aggression in our geo-politically neutral territory

Much if not all of what is denied to the people of this territory as summarised in A) is directly influenced by B)

The system of governance and public policy in AJK is run by 'shadows' who have no legal authority in this territory and consequently do not come under the purview of any accountability mechanism. All governing institutions of the State of AJK suffer from this dilemma along with its citizens.

This can be summed up in the words of a very able, competent and senior lawyer of AJK; namely Abdul Aziz Ratalwi (former president of district lawyer's bar association at Kotli):

(In response to the question of constitutional ambiguity in AJK as posed by this petitioner)

”In short, a constitution is based on the consensus of the people, whereas our constitution is made by a third party who has no concern with the consensus of the people of the locality of Azad Jammu & Kashmir. So, that's why this constitution is not in accordance with our views and it does not conform with measure-able societies. It is a totally imported record or imported written statement. It has been formulated and introduced to us and imposed over us just to make slaves out of the people here/the members of this locality. I think Kashmir should be a sovereign State, in which the vote of the people should be collected and after that a consensus should be developed and thereafter a comprehensive constitution should be made...properly!

Ref. Minutes 07:33 to 09:02     

Video Link:

https://www.youtube.com/watch?v=q4hMEYLl1eQ&feature=emb_logo

Further, it should be noted that the 24th of October provisional declaration cited above made assertions which subsequently proved to be untrue or were not implemented. For example,

1) That we have taken control of most parts of the territory of Jammu & Kashmir

2) That we wish to have 'friendly' relations with both India and Pakistan

3) That (this government) is formed on the basis of the collective will of the people of the State.

4) That it is not communal and will include non Muslims in its governance

Even if we return to the preamble of the interim Act/Constitution of 1974, it states:

"AND WHEREAS, in the discharge of its responsibilities under the UNCIP Resolutions, the Government of Pakistan has approved of the proposed repeal and re-enactment of the said Azad Jammu and Kashmir Government Act, 1970, and authorized the President of Azad Jammu and Kashmir to introduce the present Bill in the Legislative Assembly of Azad Jammu and Kashmir for consideration and passage."

It should be made clear that the Government of Pakistan has not been discharged with any form of responsibility under UNCIP resolutions except to vacate the territory. Thus, it does not possess sovereign authority to create or amend any law in AJK.

The United Nations resolutions in reference to Jammu & Kashmir were an eyewash to divert attention and responsibility away from the British empire which had insisted on a negotiated settlement under its supervision for the freedom of its Indian colonies. Indian and Pakistani armed forces also entered the State of JKA under British supervision, the Indian Independence Act was choreographed by it and thus legal responsibility to implement this very Act was Britain's responsibility.

Our presiding issue is de facto 'right to rule' (Haq e Hukmrani) to correspond to our de jure status, which nobody can take away from us. Our target cannot be plebiscite which even if implemented would give a potential stake to our neighbours, the perception of which did not exist without British intervention.

Ref. Senior Advocate Choudhary Mehfooz and Social Scientist Younus Taryaby (both of Dadyaal) have written comprehensively on this topic and may be consulted at short notice.

Finally, the stance of the honourable prime minister of AJK Raja Farooq Haider vis a vis Pakistan can also be utilised to clarify the de jure status of AJK.

Link:

https://tanveerandkashmir.blogspot.com/2020/08/daily-diary-dd-day-218-of-2020.html

Prayer

Given the complexity emerging from 73 years of obfuscation by 'outside powers' and the nonexistent control of governance and public policy by the governing institutions of AJK, it is imperative that we - the people of AJK as a society - consult with each other on this dilemma and address our existential crisis, which only we are authorised to conduct as the de jure sovereign entity in this territory.

Our forbears with their sacrifices since 1947 have created that space for us to act in good faith and set a model reference for Gilgit Baltistan, the Valley of Kashmir, Jammu and Ladakh. We need to convert that goodwill into a functioning inclusive internal political process, that would raise the bar of democracy and constitutionalism as compared to the evolution of other nation States throughout the world. Our peculiar and particular circumstances have paved the way ahead for us. The world is not waiting for our neighbours to decide our destiny, they are waiting for us to assert our will, just like Switzerland did in 1515.

The alternative to the above is very dark, divisive and deeply destructive. This also contradicts the aims of the 24 October 1947 declaration which professed to protect the unity and identity of the State of JKA. What could not be achieved through war strategies can be achieved by a peace strategy whereby the world will be enthralled. It will ultimately thank us for taking responsibility for avoiding water conflict and providing water solutions to more than half the world's population.

As we have developed deep engagement with all facets of society in AJK and its diaspora, it is just the judiciary which remains to be engaged on what essentially is a legal matter. Hitherto, in the spirit and letter of the arguments as made above, AJK's judiciary has already proved itself competent to assert the people's will and de jure sovereignty.

Reference:

Verdict at Hattian Bala Sessions Court on the 10th of March 2016

Link:

https://tanveerandkashmir.blogspot.com/2016/03/advancing-process-of-constitutional.html    

Finally, on a practical level the petitioner requests the judiciary to:

1) Consult with all its organs (intra judiciary) on the subject matter above

2) Facilitate a thoughtful debate/discussion in each and every tehsil and district bar association of AJK on this dilemma

3) Consult all other internal governing institutions in AJK

4) Proactively prevent the 'shadows' cited above from giving orders to our police and all other organs of our State

5) Ensure that all steps (apparent and not so apparent) to integrate us - without due process - into any other country are countered. This would include the hoisting of other country's flags on our territory, the issue of which has been the inspiration for this petition. Here, in this very city.

End....of petition

Petitioner

Tanveer Ahmed       

......................end of 5 page document

It was handed over to the president of Bar Association Shaukat Kayani, to be forwarded to both judges, who had both already left for the day. 

We (Safeer Kashmiri and me) then proceeded to march to Maqbool Bhat Shaheed Chowk:


  

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