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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:


  

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 Sehn...