Daily Diary (DD) - Day 366 of 2024

1245hrs:

Getting even better, on the last day of a leap year.

....

Daily Diary (DD) - Day 365 of 2024

1337hrs:

Performing better than the day before is always an incentive to do even better in the coming days, weeks, months and years ahead.

.... 

Daily Diary (DD) - Day 364 of 2024

1607hrs:

Faltering somewhat but still conscious of my responsibilities.

....

Daily Diary (DD) - Day 363 of 2024

1235hrs:

Turning the tide of time once again to ensure that the utmost is extracted for public interest. 

....

Daily Diary (DD) - Day 362 of 2024

2309hrs:

Faltering again in time management. 

....

Daily Diary (DD) - Day 361 of 2024

2100hrs:

Turning it around....

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Daily Diary (DD) - Day 360 of 2024

2302hrs:

Trying once again to make ground on time. 

....

We continue to try and make full use of Dr Nazir Gilani's presence in the vicinity by cross referencing his note on the Joint Awami Action Committee (JAAC) today:

احتیاط 

عوامی ایکشن کمیٹی بمقابلہ حکومت آزاد کشمیر 

The Joint Action Committee (JAC) VS the Government of Azad Kashmir 

Be careful in responding to a genuine grassroots struggle for socio-economic rights

The Joint Action Committee (JAC) movement in Azad Jammu and Kashmir (AJK), which seeks affordable electricity tariffs, subsidized flour, and other essential provisions, represents a genuine grassroots struggle for socio-economic rights. The criticism levelled against it for neglecting broader political issues, such as India's actions on 5 August 2019, and the baseless allegation of being "India-sponsored," reflects a historical pattern of discrediting dissent in AJK. However, both historical and international precedents substantiate the legitimacy of the JAC’s demands and counter these criticisms.

Historical Context and Pakistan’s Precedents

Pakistan’s approach during critical historical moments provides a strong foundation to defend the JAC's focus on socio-economic concerns. In response to India's complaint to the UN Security Council (UNSC) on 1 January 1948, Pakistan submitted three documents on 15 January 1948 outlining six demands. These demands addressed a spectrum of issues beyond Kashmir, including:

1. Allegations of Genocide: Pakistan raised concerns about atrocities against Muslims in East Punjab and Delhi.

2. Occupation of Junagadh: Pakistan opposed India's annexation of Junagadh, advocating for the self-determination of its people.

3. Military Threats: Pakistan highlighted India's alleged threats of military aggression.

4. Interference in Hyderabad: Concerns about India’s stance toward the princely state of Hyderabad were also emphasized.

5. Economic Coercion: Pakistan addressed the economic pressures stemming from the partition, including disputes over resources.

6. Kashmir Dispute: While significant, Kashmir was one of many issues presented to the UNSC.

This multifaceted approach demonstrated Pakistan’s recognition of diverse challenges and the need to address them collectively, rather than focusing singularly on one issue. Criticizing the JAC for prioritizing socio-economic grievances over Kashmir mirrors the narrow thinking that Pakistan itself rejected in 1948.

Defence of the JAC Movement

1. Legitimacy of Popular Movements: The JAC’s demands align with fundamental human rights, such as access to affordable resources and economic stability, enshrined in international law through instruments like the Universal Declaration of Human Rights (UDHR). Labelling such a movement as “India-sponsored” disregards the genuine hardships faced by the people and echoes a discrediting tactic historically used in AJK since 1948.

2. UN Perspective on Constituencies: Accusations of being “India-sponsored” inadvertently validate the existence of an Indian constituency in AJK, akin to the recognized Pakistani constituency in Indian-administered Jammu and Kashmir. Under UN frameworks, this symmetry necessitates equal legitimacy and protection for all constituencies advocating for their rights in contested territories.

3. Relevance of Socio-Economic Rights: Addressing immediate socio-economic issues does not diminish the importance of larger political contexts like the Kashmir dispute. On the contrary, alleviating basic hardships strengthens the foundation for political engagement and ensures that the population is empowered to advocate for their broader rights effectively.

4. Historical Symmetry: Pakistan has historically championed the cause of Kashmiri self-determination in Indian-administered territories, framing such movements as legitimate expressions of popular will. Applying a double standard to similar expressions of dissent in AJK undermines Pakistan’s principled stance on human rights and self-determination.

Conclusion

The JAC movement’s focus on socio-economic rights is consistent with Pakistan’s own historical strategy of addressing multiple issues simultaneously. Discrediting the movement with baseless allegations of foreign sponsorship ignores its genuine grievances and the precedent set by Pakistan at the UN in 1948. Recognizing and addressing these demands aligns with international principles, enhances the legitimacy of governance in AJK, and strengthens the moral and political foundation for addressing the broader Kashmir dispute.

Dr. Syed Nazir Gilani

President JKCHR

25 December 2024

_the note above can also be accessed via the following hyperlink

....

Daily Diary (DD) - Day 359 of 2024

2308hrs:

Being twisted back by the tide of time perhaps. 

....

Daily Diary (DD) - Day 358 of 2024

0933hrs:

Twisting the tide of time yet further. 

....

This following note by our foremost expert on the UN template on Jammu Kashmir namely Dr Nazir Gilani will be an important reference in the coming weeks, months and ultimately years:

ناکامی کے ذمہ دار 

آئینی ذمہ داریوں سے انحراف!

Argument: The Failure of Azad Kashmir and Pakistan to Discharge Constitutional Duties and Its Impact on the Kashmiri Cause

__________________a______________________

1. The Constitutional Responsibility to Institutionalize Plebiscite Efforts

1. The Mandate of Section 8 of the AJK Act 1970 and Section 11 of the AJK Act 1974

o These constitutional provisions explicitly obligate the Azad Jammu and Kashmir (AJK) Government to institute a framework for plebiscite advocacy, which is central to the Kashmir issue.

o Section 11 of the 1974 Act reinforces AJK’s role as a base camp for the Kashmiri struggle, specifically requiring the government to work toward facilitating a plebiscite under UN supervision.

2. The High Court’s 1999 Judgment

o The AJK High Court's ruling in April 1999 directed the government to appoint a Plebiscite Advisor (PA) and institutionalize efforts for a plebiscite. The judgment also set qualifications for the PA to ensure effective advocacy at national and international levels.

o This judgment was an opportunity for AJK to strengthen the Kashmiri narrative, fulfill its constitutional duties, and operationalize its role in the Kashmir dispute.

3. AJK Government’s Defiance and Lame Excuses

o The government’s failure to act on the judgment, citing budgetary constraints and Indian unpreparedness, reflects negligence and contempt of court.

o These excuses are laughable because:

 Budgetary Constraints: The allocation of resources for the plebiscite framework is central to AJK’s constitutional role, and prioritizing it over other expenditures was necessary.

 Indian Unpreparedness: The mandate of the plebiscite framework under Section 11 is independent of India’s actions. AJK assumed responsibilities under UNCIP (United Nations Commission for India and Pakistan), and its duties are not contingent on Indian readiness.

________________________________________

2. Impact of Neglecting the Plebiscite Framework on 5 August 2019

1. Institutional Framework Would Have Strengthened Kashmir’s Position

o If the AJK Government had acted promptly in 1999, the appointment of a Plebiscite Advisor and institutionalization of plebiscite advocacy would have:

 Built International Support: The PA would have spearheaded global awareness campaigns, engaged with international bodies, and pressured India diplomatically.

 Mobilized National and Diaspora Advocacy: The PA would have united the Kashmiri diaspora and galvanized public opinion, creating sustained pressure on both India and Pakistan to adhere to UN resolutions.

 Blocked India’s Narrative: India’s unilateral action on 5 August 2019 to revoke J&K’s special status under Article 370 could have faced significant global resistance if a robust Kashmiri-led advocacy framework was in place.

2. Strengthened Kashmiri Agency 

o The framework would have empowered the Kashmiri people to lead the discourse on their future. This could have prevented the reliance on Pakistan’s often self-interested representation of the Kashmiri cause.

3. Eroded India’s Justification for 5 August 2019

o India has consistently argued that the lack of organized Kashmiri advocacy justifies its unilateral actions. A robust institutional framework in AJK would have countered this narrative, making it harder for India to claim J&K’s integration into the Union.

________________________________________

3. Failure of AJK and Pakistan: Exploiting a Compliant Kashmiri Leadership

1. A Culture of Compliant Leadership

o By neglecting its constitutional duties and defying the High Court judgment, the AJK Government has created an environment where compliant leadership thrives.

o Both the AJK Government and Pakistan have exploited this compliant leadership to maintain control over the Kashmiri narrative, sidelining genuine Kashmiri voices advocating for self-determination.

2. Pakistan’s Role as a Party with Interests

o Pakistan’s approach often prioritizes its territorial claims over the aspirations of the Kashmiri people. By failing to support the institutionalization of plebiscite efforts, Pakistan has weakened its credibility as an advocate for Kashmiris.

________________________________________

4. The Merits of JKCHR’s Work on Section 11 of the AJK Act 1974

1. Visionary Leadership and Advocacy

o JKCHR’s petition in 1992 was a pioneering effort to compel the AJK Government to fulfill its constitutional obligations. By focusing on Section 11, JKCHR emphasized the importance of institutionalizing advocacy for the plebiscite as a cornerstone of the Kashmiri struggle.

2. Addressing Neglect and Accountability

o The petition highlighted the longstanding neglect of constitutional duties by the AJK Government and called for accountability. JKCHR’s work exposed the lack of political will and administrative initiative, forcing the issue into the judicial domain.

3. A Roadmap for the Future

o The High Court’s 1999 judgment, catalyzed by JKCHR’s efforts, provided a clear roadmap for plebiscite advocacy, including the appointment of a qualified Plebiscite Advisor.

o JKCHR’s emphasis on implementing this framework remains relevant today, as it is essential for reclaiming Kashmiri agency and countering India’s unilateralism.

________________________________________

5. Educating the Public: Raising Awareness of Neglect

1. Expose the AJK Government’s Failures

o Public campaigns should focus on educating Kashmiris about how the AJK Government’s neglect of the High Court judgment weakened their position internationally and allowed India to act unilaterally on 5 August 2019.

2. Highlight JKCHR’s Role

o Efforts like those of JKCHR must be celebrated and amplified as examples of visionary leadership. This will inspire others to hold the AJK Government and Pakistan accountable for their inaction.

3. Mobilize Civil Society and Grassroots Movements

o Civil society organizations and grassroots movements must be empowered to demand the implementation of the High Court’s judgment and advocate for Kashmiri-led initiatives.

________________________________________

6. Conclusion: A Missed Opportunity and the Path Forward

The failure of the AJK Government and Pakistan to act on the 1999 High Court judgment institutionalizing plebiscite advocacy is a grave dereliction of duty. This neglect not only undermined the Kashmiri cause but also enabled India’s unilateral actions on 5 August 2019.

JKCHR’s work on Section 11 of the AJK Act 1974 remains a blueprint for reclaiming Kashmiri agency. Moving forward, the Kashmiri people must demand accountability from both the AJK Government and Pakistan, reject compliant leadership, and establish a robust institutional framework that centers their aspirations and voices on the global stage. Only by reclaiming ownership of their cause can Kashmiris effectively counter the narratives imposed by both India and Pakistan.

Dr. Syed Nazir Gilani

President JKCHR

23 December 2024

_the above note can also be accessed at the following hyperlink

....

Daily Diary (DD) - Day 357 of 2024

1549hrs:

Turning the tide of time even further. 

.... 

Daily Diary (DD) - Day 356 of 2024

2056hrs:

Turning the tide of time or rather trying to schedule more and more activities into a daily routine. 

....

Daily Diary (DD) - Day 355 of 2024

2305hrs:

Who decides what is possible and what is not? Humans? Nature? 

I sense a whole new philosophical paradigm can be designed around these questions. 

....

Daily Diary (DD) - Day 354 of 2024

2317hrs:

Breaking free. It can be felt. 

.... 

Daily Diary (DD) - Day 353 of 2024

2307hrs:

Recovering reasonably well, as the field of AJK and more immediately the district of Kotli awaits us. 

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Daily Diary (DD) - Day 352 of 2024

2246hrs:

My health has deteriorated since last night. Naturally, I am fighting back. 

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Daily Diary (DD) - Day 351 of 2024

2346hrs:

Going strong. 

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Daily Diary (DD) - Day 350 of 2024

2326hrs:

At Mendla today. 

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Daily Diary (DD) - Day 349 of 2024

2315hrs:

Leaving it late yet again. It's almost always one last folly. 

Meanwhile, the thoughts that have been germinating in my mind of late take me to a challenging intersection. 

That between 27 kanaals (0.005% or 1/200th of a square mile) of private land shared with my family and c. 85,000 square miles of a country shared with over 20 million co-citizens. 

It is increasingly looking likely that I will have to forego my share (0.002% or 1/500th of a square mile) so that over 20 million people can secure c. 85,000 square miles of a country, occupied by 3 neighbours directly and at least 2 others indirectly. 

The phrase borrowed from Eastern wisdom is paraphrased thus: sacrifice everything and expect nothing in return. 

....

Daily Diary (DD) - Day 348 of 2024

2304hrs:

This habit of posting my daily entry in the last hour of the date in question has cost me a few times before. Best I break this late habit and pursue it as an early habit in the day, as soon as possible.

 ....

Daily Diary (DD) - Day 347 of 2024

2332hrs:

A day that started at 0400hrs is now winding down. 

Much to work on. The passion remains incessant but the need to remain calm, even when a lot needs to be done in a short space of time, is an acquired skill. 

....

Daily Diary (DD) - Day 346 of 2024

1753hrs:

Rolling on, especially with the Zubair Bhatti issue, which is now into its 32nd day, 29 of which he has spent in incarceration.

The document that has been generated at Daily Diary (DD) - Day 324 of 2024 is now up to date, with various written notes by international legal & academic experts and video statements from a diverse range of co-citizens from throughout the territory of AJK.

We will be presenting this document in hard copy to the deputy commissioner of Kotli tomorrow morning at 1100hrs, for the record as well as to give him ample space for thought on what the consequences of restricting a co-citizen's freedom of movement implies. 

.... 

Daily Diary (DD) - Day 345 of 2024

1150hrs:

We have missed out on yet another daily web entry this year. Day 344 was not to be as it left late again yesterday. I had fallen asleep even before the closing of our daily Space yesterday at 2300hrs.

Another harsh lesson to blog early. 

....

Moving onto dealing with the pending issue of Zubair Bhatti in Kotli. I had been committed to spending time with family of late. 

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Daily Diary (DD) - Day 343 of 2024

2309hrs:

An exhausting 4 days, though delivering outstanding results in public interest. 

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Daily Diary (DD) - Day 342 of 2024

1422hrs:

Sehnsa is more alive today than it has ever been. 

Welcome to Jammu Chowk, Sehnsa...all roads in district Kotli lead to this junction. 

Daily Diary (DD) - Day 341 of 2024

2338hrs:

Could've easily missed out. 

....

Daily Diary (DD) - Day 340 of 2024

1934hrs:

Weblogging about 12 hours later than I would have wanted to. 

Still dealing with bereavements in this short life. 

Meanwhile, the people of AJK have achieved yet another milestone on this day. 

A complete & indefinite shutdown of the territory has been observed from today, to strike another blow in the utterly inhumane system of governance we have endured since 1947.

....

Daily Diary (DD) - Day 339 of 2024

0818hrs:

There are still chinks in the armour of this activist. However, weblogging at this time of the day is a sign that those chinks are in the process of erasure.

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Daily Diary (DD) - Day 338 of 2024

1519hrs:

Travelling to all the houses of the deceased is a custom our people continue to maintain. 

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Daily Diary (DD) - Day 337 of 2024

2306hrs:

One has to keep on changing themselves in order to improve, in order to deliver to their people. 

....

A day at home today. A rest day of sorts.

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Daily Diary (DD) - Day 336 of 2024

2242hrs:

Almost leaving it too late....motoring on regardless....

.... 

Daily Diary (DD) - Day 335 of 2024

2340hrs:

Coalescence of political parties and political characters in any given territory is a virtue. 

It is finally emerging in AJK, less from the people's own initiative and more due to the desperation Pakistan is showing to keep hold of the territory. 

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Daily Diary (DD) - Day 334 of 2024

1103hrs:

Trying to juggle a lot of responsibilities...

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Daily Diary (DD) - Day 333 of 2024

2314hrs:

An emotional day with family, from far and wide. 

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Daily Diary (DD) - Day 332 of 2024

1918hrs:

Will be engaged primarily with family over the next few days. 

One plays catch-up all the time in our line of work and there's never enough time to bond with family. For all the tragedy that death brings with it, it is also an opportunity to spend quality time with those that remain alive. 

For it can all change in a moment. 

....

Daily Diary (DD) - Day 331 of 2024

1122hrs:

Today is Day 123 of our educational walk from Sehnsa to Sharda.

I'm literally on the verge of leaving home.

....

And then I just heard that my only paternal aunt has just died in the UK. She had been in a critical condition for at least the last couple of weeks. That will obviously affect my schedule and these are times for family solidarity more than anything else.

....

Daily Diary (DD) - Day 330 of 2024

1459hrs:

Yet another delay. I hope it is the last one.

....

Daily Diary (DD) - Day 329 of 2024

1354hrs:

From East to West, our home may be best but it comes with a lot of responsibilities, which the people at home fail to fully grasp.

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Daily Diary (DD) - Day 328 of 2024

2342hrs:

It was so possible that I could have missed out on inputting an entry today. Multi-tasking all day long in front of the PC has its risks. 

....

Daily Diary (DD) - Day 327 of 2024

1938hrs:

When you are working for everybody (in any given society or territory) as I am working in AJK with efforts to connect with people in the rest of JKA, you cannot please or act to the satisfaction of everybody, as most people expect you to adhere to a party, lobby, tribe or any other semi-organisational network. This creates problems in the short run as well as periodically but in the long run and ultimately you succeed in gaining favour of a considerable majority.

.... 

Daily Diary (DD) - Day 326 of 2024

0913hrs:

If there had been electricity last night, I may have done an all-nighter, given that there is still so much administrative work pending, before I venture out for the 3rd phase of my 'Educational Walk' from Sehnsa to Sharda.

It wasn't to be and the plus side is that I have a reasonably good night's rest behind me.

....

Daily Diary (DD) - Day 325 of 2024

1258hrs:

Today is effectively Day 117 since I began My Educational Walk from Sehnsa to Sharda. I am still on my second break which started on Day 88 (29 days ago!) whereas the first break (Day 37 to Day 59) lasted 22 days.

For those of you keeping a close watch on matters in AJK, will notice another milestone being achieved in Rawalakot yesterday, as the public openly defied the recent presidential ordinance that was intended to restrict the public's freedom of assembly. The public now effectively have control over the territory of AJK yet it is also obvious that they do not know what to do with the power in their hands.

JKA PUBLIC AGENCY's role will now become clearer to the public in these circumstances.

....

In light of these developments and the immediate issue of Zubair Bhatti, my educational walk has faced a delay but after tomorrow's intended public show of resistance in Kotli city, I will resume my walk from Kotli Adda towards Nikyaal.

....

Daily Diary (DD) - Day 324 of 2024

1415hrs:

We will be using today's date to provide a documented timeline of content and communication generated with respect to the transparent efforts of Kotli's Zubair Bhatti to return to his ancestral homeland in moza (village) Gould, tehsil (subdivision) Mendhar, district Poonch in Indian-controlled Jammu & Kashmir. A journey which he has been mulling over and consulting with many of his co-citizens for the past 2 years. 

It was about 3 months ago that he gave his first public statement to the media in relation to his intended plan to return to the land of his ancestors, by crossing the LOC in broad daylight and by giving ample notice to all 'Authorities' concerned. 

This procedure is being adopted in the interests of presenting a transparent, creative and peaceful initiative to our people in Jammu Kashmir & Allied (areas) and by logical extension to the rest of the world.

The unfolding improvised OBM (Ownership-Building-Measure)

Just so that everybody is clear on how communication with all concerned entities, in relation to Zubair Bhatti's quest to return to his ancestral homeland across the LOC, has proceeded thus far.

Zubair Bhatti began this journey on his 60th birthday on Sunday the 10th of November 2024, from the district courts complex in Kotli. He managed to walk up to Supply Bazaar (enroute to Nikyaal) by the evening of Wednesday the 13th of November 2024, before he was arrested by local police, taken back to the city's police station, where he was made to spend the night before being transferred to the district jail in the city, on the morning of Thursday the 14th of November 2024.

He continued to languish in jail (He was unconditionally released on Monday the 23rd of December 2024, having spent c. 40 days in jail) without any documentation of charges being provided to him, though verbally informed that his actions could create a fresh conflict between India & Pakistan, bringing the local population along the LOC (coinciding with his route) in mortal danger. Hence, a draconian British colonial law under some digit of MPO (Maintenance of Public Order) had been verbally conveyed to him.     

-

We will adopt a reverse chronological procedure to document all important aspects of this issue (with the latest developments showing first, while those who are further interested in this matter will be able to scroll down to obtain deeper context):

The following record also includes public statements on this issue provided by notable people throughout our territory (AJK) and beyond:

Thu 09/01/2025:

Zubair Bhatti had his first date at the court since his release on the 23rd of December 2024. He was due to enter his plea. However, the court appeared to have other priorities and his case was adjourned till the 9th of February 2025.

..

Sun 05/01/2025:

While in jail, Zubair Bhatti had written a 3rd letter to the DC on the 12th of December 2024, hoping to present it to him in person, if possible. That was not to be and here he is, reading out the letter on video, on this day:

The YouTube video above is also available at the following hyperlink

For the record, the actual letter is provided below:

Page 1 of 5

Page 2 of 5

Page 3 of 5

Page 4 of 5

Page 5 of 5

..

Sat 04/01/2025:

Zubair Bhatti has released an Urdu video statement today updating us on what has transpired over the past 2 months of this struggle and how he plans to proceed with this struggle to return home:

The YouTube video above can also be accessed from the following hyperlink

..

Fri 03/01/2025:

We have just retrospectively updated our page at: 

Daily Diary (DD) - Day 137 of 2024 

related to an AJK High Court decision (on 13/05/2024) to quash the arbitrary and ill-intended use of 3 MPO to detain a couple of lawyers in Kotli during the #RightsMovementAJK activity in May last year. It can be accessed from the hyperlink above. 

Sun 29/12/2024:

Despite severe net connectivity issues, we tried to conduct an interview of Zubair Bhatti, asking him to summarise his experience in detention and subsequent strategy to return to his ancestral home:

   

The Facebook interview above can also be accessed from this hyperlink

..

Sat 28/12/2024:

Sikander Janjua of Dabsi in tehsil Nikyaal (adjoining Lanjot which is partly on the other side of the divide, which adjoins Zubair Bhatti's and Sikander's ancestral village of Gould in tehsil Mendhar) reminisces over a photo of his village, which he posted on Facebook 11 years ago, on this day:

The Facebook post above may be accessed from this hyperlink

.. 

Mon 23/12/2024:

So, after 40 days the local court relieves Zubair Bhatti of his agonising incarceration after 40 days, without the conditions of surrender the 'Authorities' were so desperately seeking up till this morning:

Yet another victory for public interest in AJK. This particular victory is not so minor, in terms of its implications.

The Facebook video above can be accessed from the following hyperlink

..   

Sat 21/12/2024:

We have just completed the documentation that we wanted to get to DC (DM) Kotli (Please refer to the documentation cited below for Mon 16/12/2024).

The last (remaining) document was the affidavit, which involved us having to visit the jail with a notary public accompanying us, whilst also gaining special permission from the jail superintendent in order to facilitate this meeting.

Here's the document, which will be submitted to the DC (DM) Kotli on Monday morning:

The above activity was also summarised in a live video from the courts:

The Facebook live video above can also be accessed from this hyperlink

..

Thu 19/12/2024:

As public pressure on the 'Authorities' intensifies, a caged photo of Zubair Bhatti is published as an ominous warning:

The Facebook post above can also be accessed from this hyperlink

_

On this day, we received another huge vote of confidence from Rawalakot. Sitting alongside Rasheed Khan (whose video statement we re-produced 2 days ago; has Sajaad Afzal (lead role with Sarorajia Party) sitting to his immediate right, Yasir Irshad (also with Sarorajia Party) sitting to Rasheed's extreme right and Sardar Saajid (former district convenor of JKLF) sitting to Rasheed's left:

The video statement courtesy JKTV can also be accessed from the following hyperlink

..

Tue 17/12/2024:

Dr Nazir Gilani continues to diligently monitor the evolving case of Zubair Bhatti, as can be noted from this post today:

The Facebook post above can also be accessed from this hyperlink

_

Naeem Tabassum

The case of Zubair Bhatti Sahib is noteworthy and extremely important in many aspects, especially in the context of human rights, the right of self-determination of the Kashmiri people, and the right of freedom and movement of the people living in Kashmir on both sides. Zubair Bhatti's arrest has highlighted some of the weaknesses in the state system and ongoing politics between the two countries.

Zubair Bhatti's desire to go to his native village is a natural human right. The Kashmiri people are victims of a conflict that has cut them off from their kinship, culture, and land for decades. Their arrest and imprisonment shows the extent to which political differences in our region have affected human values and fundamental rights.

This case is not only a question mark for Pakistan's justice system, but also brings into question the claims of both India and Pakistan's commitment to the Kashmiri people. The Kashmiri people have been scapegoated in the political narratives of both sides, and the arrest of Zubair Bhatti seems to be another link in this chain.

Zubair Bhatti's case illustrates that the state system operates only in the national interest, and individual human rights are often ignored. If a person only wishes to return to his roots and is imprisoned, it is a serious question mark on the legal and political system of both countries.

The solution to this issue should be that both countries ensure freedom of movement for the Kashmiri people on humanitarian grounds. Taking the cases of persons like Zubair Bhatti as an example, both the countries should revise their policies so that the Kashmiri people are not deprived of their basic human liberties.

This case is not only a demand for the release of Zubair Bhatti but also a sign that the people of both parts of Kashmir should have the right to meet each other, reach their roots, and live in peace and dignity.

Naeem Tabassum of tehsil Rawalakot in district Poonch is a textile engineer and is serving as a successful entrepreneur in his professional life. With his hard work and dedication, he has achieved a prominent position in the business sector and is contributing to the development and prosperity of the area through his professional skills.

_

We also received a video statement in favour of Zubair Bhatti's struggle from Rawalakot, in the shape of veteran activist Rasheed Khan, a senior leader of the JKLF, courtesy Aali News:

 

The video statement above can also be accessed from the following hyperlink

..

Mon 16/12/2024:

Dr Jahangir of Bagh, a prominent representative of the business community in Sudhan Gali and its Awami Action Committee provides a statement in favour of Zubair Bhatti's effort to return to his ancestral home. Alongside him are other members of the committee:  

This statement can also be accessed from this hyperlink

_

Earlier in the day, we began collecting documentation to provide to DC Kotli, so that the latter holds no ambiguities as to Zubair Bhatti's intentions, to return to his ancestral home across the enforced divide. It should also be noted, that the local administration is trying to use its 'agents' on the ground, to try and desperately dissuade Zubair Bhatti from aspiring to return home and effectively surrender his right.

The Facebook video above can also be accessed from the following hyperlink

What are these documents?

1) A petition written to the DC (DM) of Kotli by Dr Nazir Gilani:

2) Highlighted reference to paragraph 12 of United Nations Security Council Resolution number 47 of the 21st of April 1948, extracted and re-produced here:

3) State Subject Certificate of Zubair Bhatti:

4) Proof of Zubair Bhatti's ancestral home in village Gould, tehsil Mendhar, district Poonch; courtesy his cross LOC permit, which he used to travel in 2016:

Now, what remains is an affidavit - signed by Zubair Bhatti - that expressly clarifies his peaceful intent to return to his ancestral home, which the 'Authorities' are so intent on trying to make him compromise on; in order that they may continue to personally reap benefits from an inhumane system, enduring for almost 78 years.

..

Sun 15/12/2024:

Shah Nawaz Ali Sher Advocate of Nikyaal (the very tehsil adjacent to Zubair Bhatti's village of Gould on the other side of the LOC) provided the following statement in Urdu, urging the 'Authorities' to re-think their behaviour and acknowledge Mr. Bhatti fundamental right, to travel back to his ancestral home. This statement had the support of the tehsil lawyer's bar association:

The statement above was summarised at the following hyperlink

The above statement also featured on the Samaj Badlo Tehreek Nikyaal (Urdu) Facebook page. It can be accessed from the following hyperlink

It also received press coverage as indicated by the image below:

_

On this day, prominent activist Shafqat Gilani also released a statement urging the 'Authorities' to unconditionally release Zubair Bhatti, else a formidable public movement for the latter's release be invoked:

The press statement above can be accessed from the following hyperlink

Here's the statement in full:

..

Sat 14/12/2024:

In light of DC (DM) Kotli's attitude towards Zubair Bhatti's issue, Dr Nazir Gilani has used the Urdu phrase "Aah Bel Mujhe Maar" (Come bull, come and hit me!) to describe how the DC is exposing himself to all kinds of public ire:

The Facebook note above can be accessed from this hyperlink

_

Here is a short statement from Muhammad Kareem of Baitak tehsil Baloch in district Sudhnoti:

This issue is beyond the jurisdiction of DC. This needs to be taken up with UN to have meeting with India and Pak high commissioners to find a way out for this issue.

..

Thu 12/12/2024:

Today was an important day, as we had mobilised about 50 co-citizens from throughout the district of Kotli (including an important journalist from district Bhimber, tehsil Smaahni namely Choudhary Fazal Ur Rehman), to form a civil society delegation. In order to submit this documented record (updated to yesterday viz. 11/12/2024) to the Deputy Commissioner (DC) or District Magistrate (DM) Kotli and suggest that he review his illegal detainment of Zubair Bhatti. 

The following is an assortment of content created throughout the morning and into the afternoon.

The delegation enters the DC's office: 

The material above can also be accessed from this hyperlink

-

The delegation comes out of the DC's office:

The material above can also be accessed from this hyperlink

-

Various other content captured in the vicinity: 

The material above can also be accessed from this hyperlink 

-

Although I didn't accompany the delegation to the DC's office (for a number of principled and historic reasons), I did wait at the district lawyer's bar association's compound, where - soon after - we conducted a reasonably detailed public briefing, to summarise what had transpired at the above-mentioned meeting:

The YouTube video above can also be accessed from this hyperlink

..

Wed 11/12/2024:

The following video statement is of Aapa Shaheen, who is a UK returnee and a very vocal voice for the liberation of our territory:

 

The Facebook video above can also be accessed from this hyperlink

..

Tue 10/12/2024:

Yesterday evening (Mon 09/12/2024) Zubair Bhatti was taken from district jail Kotli to City police station Kotli for questioning. In the morning today, he was presented in court for the first time since his arrest on the 13th of November. He was taken back to jail soon after. The following is a video that we made with Zubair's brother Baabar Bhatti accompanying us:

The Facebook video above can also be accessed from this hyperlink

..

Thu 05/12/2024:

The following video statement in favour of Zubair Bhatti's stance is provided by Journalist Choudhary Fazal Ur Rehman of Chahi Smaahni. He also happens to live along the LOC:

 

The Facebook video above can also be accessed from this hyperlink

_

On this day we also learned that Zubair Bhatti has an FIR (First Information Report) filed against him too, in addition to the 3 MPO ordered by the deputy commissioner of Kotli. It was issued on the 18th of November and the complainant is - once again - the Deputy Commissioner (DC) of Kotli, Nasir Rafiq. 

This role also doubles up as the District Magistrate (DM). 

The charges are under 13 MPO (Maintenance of Public Order) and he is essentially being blackmailed, to give an assurance (with a bond) promising that he will not embark on this journey 'Back to Home', to his ancestral land across the LOC. 

The Urdu text will be translated into English in due course: 

    

An English translation of the FIR (First Information Report) above:

Chapter Number: 24    (3 alif? and anything else above number 24?)

Book Number: 1

17 (Printed in red ink)

Superintendent Police District Kotli (stamped)

First information report related to a prosecutable crime as police report under section 154 (of criminal prosecution code) dated (time etc.) 13 November 2024

Accusation Number: 564/24        Police Station: City Police Kotli

(Boxed table)

1) Date & Time of Report:        

Dated: 18/11/2024 Timed: 1000hrs day

2) Name (&) Address of informant/complainant:     

Major (retired) Nasir Rafiq District Magistrate Kotli

3) Brief description of crime / section of law / if something is lost: 

13 MPO (Maintenance of Public Order)

4) Location of incident from police station (distance) and direction from police station: 

Location Qamrooti at a distance of 30 kilometres eastwards

5) Name (&) Address of accused:  

Zubair Bhatti son of Muhammad Sadiq Bhatti 

Tribe: Bhatti 

Resident of Dhamol tehsil & district Kotli

6) If a delay is warranted in actionable proceedings of concerned investigation, then provide reasoning:

The case has been filed on the order of the writer (complainant)

(End of boxed table)  Presumably a contact number has also been written vertically. It reads as 0321 5100426

Signature: (of SHO / Station House Officer)    Designation: Muhammad Shehzad Choudhary Inspector (SHO)

First (initial) report be written below:

  

..

Wed 04/12/2024:

The following is a written statement in Urdu from Advocate Azhar Shah Kazmi in reference to Zubair Bhatti's predicament. It is also ironic that Kazmi Sahaab also hails from the tehsil of Nikyaal on the LOC:

A translation in English of the Urdu statement above:

Zubair Bhatti's historic and unusually brave struggle to re-unite divided Kashmiri families across the LOC - indeed to erase this Line of Control - are steps through which the movement for the freedom of Kashmir are being highlighted to the world afresh.

I salute your brave and long struggle.

This incarceration and struggle will have long term effects. 

His (Zubair Bhatti's) innocent (baseless) imprisonment by the government and administration, is condemnable.

In total solidarity with the honourable Zubair Bhatti, his family and colleagues; I assure them that within the ambit of the law & constitution, I will selflessly provide pro bono legal services to secure his release. 

Wasalaam

Syed Ali Azhar Shah Kazmi Advocate Kotli     

_

On this day we also obtained a video statement (in Urdu) from Dr Iftikhar Mughal, who is the former secretary-general of Jammu Kashmir Liberation League (JKLL) and a member of Joint Awami Action Committee (JAAC) Mirpur:

 

The YouTube (Short) video above may also be accessed from the following hyperlink 

_

It took 22 days of Zubair Bhatti's incarceration for us to receive a written record of the 'alleged' grounds of his detention. Prior to today, Zubair had only been verbally read out his charge(s):

It would be in order to translate the above document into English:

(Letterhead):

The Free Government of the State of Jammu & Kashmir

Office of the District Magistrate Kotli

(Content):

(Note: words in brackets and spaces are of this writer for ease of understanding) 

Superintendent Police Kotli under number: SP/Reader 2024/13234-35 

dated 11/11/2024 

has reported that (the following) named 

Muhammad Zubair Bhatti son/of Muhammad Sadiq Bhatti resident (of) Dhamol, tehsil (subdivision) & district Kotli 

was trying to cross the LOC via village Lanjot, tehsil Fatehpur Thakyala (Nikyaal), to go to the ancestral home of his parents in Mendhar, Poonch, Occupied Kashmir. 

The named has begun this adventure as "Back to Home" Kotli to Mendhar and has proceeded towards the LOC in walking mode. The (above) mentioned via various social media (platforms) is urging people to also join him in this adventure -  without someone else - there is a danger that the (above) mentioned is urging other innocent, un-armed people to join him (in his march) towards the LOC, as a result of which the occupying Indian army would be enraged. 

In this way, the (above) mentioned will not only put the life and wealth of the citizens living on the LOC in danger, that (furthermore) - in fact - the loss of human life is very likely. Such an individual must be collectively and individually prevented from such an endeavour, (hence) preventive action is necessary.

Thus, I, Nasir Rafiq, District Magistrate Kotli, with the powers conferred to me under article 3 of the Maintenance of Public Order Act 1985 - bringing them into force - I give the order (that) namely Muhammad Zubair Bhatti son/of Muhammad Sadiq Bhatti resident of Dhamol, tehsil & district Kotli be taken into protective custody for the period of 30 days, to be detained in district jail Kotli.  

This order to be enacted upon with immediate effect.

(Stamp and signature of District Magistrate Kotli)

(Number reader/2024/1640-45 dated 13 November 2024)

A copy of the above to:

1) Secretary Law & Parliamentary Affairs - The Free Government of the State of Jammu & Kashmir, Muzaffarabad.

2) Special Secretary Interior - The Free Government of the State of Jammu & Kashmir, Muzaffarabad.

3) Commissioner, Mirpur Division, Mirpur.

4) Deputy Inspector General Police Region, Mirpur.

5) Superintendent of Police, District Kotli for immediate abiding of order.

6) Superintendent District Jail, Kotli.

....end of order and English translation

..

Fri 29/11/2024:

Zubair Bhatti writes his 2nd letter to the District Commissioner (DC) of Kotli - via the jail superintendent - in reference to his demand to be released from baseless detention in Kotli jail:

A summary in English of the Urdu letter above:

That the DC by not ordering his (Zubair Bhatti's) release continues to infringe on the latter's fundamental freedoms with baseless charges and is thus wasting the precious time of the complainant.

(Note: the date 13 October in the first paragraph of the letter as his date of arrest should read as the 13th of November)

In this letter he references the detainment of some activists of a non State (foreign namely PTI) political party for 10 days - apparently under the same MPO (Maintenance of Public Order) rule, as used against Mr. Bhatti. 

These activists were released without even an application whereas he mentions his earlier letter of the 23rd of November, in which he makes his own application for release. Bhatti Sb. is amazed at the discrimination he is facing in his own country.

Hence, his written appeal (demand) for release once again and that any protest that he decides to conduct (in jail), will be final and conclusive. 

Written at 1100hrs on 29/11/2024 

..

Mon 25/11/2024:

A seasoned European political scientist - who we will keep anonymous for the moment - with a good grasp of our region as well as other conflict zones in the world, sent us the following note:

"This is indeed a very good action. The only sad outcome so far is that Zubair Bhatti is now in jail, which is ridiculous. I hope he will be released quickly, because the charges are laughable. I would rather fear for his safety and life while crossing the LOC and entering India: I wouldn't be surprised if the Indian army would fire shots at him with the intention to kill him, but even if he managed to mysteriously cross the LOC, he would be arrested there and probable charged (and tortured) for espionage."

My response:

Well, he is acting in a very transparent way, walking only in broad daylight giving due notice to all 'Authorities' concerned of his intent - both regionally and internationally - and thus, there is no need to shoot at him or even arrest him. Indeed, if he were to be arrested on the other side, he would have some arguments to present in a court of law.

His response in turn (1):

Yes, I can see that and I am all aware that he is taking all precautions and making his rightful journey, in a most publicized and transparent way. However, there is a risk that the 'Authorities' on both sides may like to give a warning to the population with the shots. Hopefully not, and I do think this is a rather distant possibility.

My response in turn (1):

Yes...that is true and the possibility is always there.

..

Sat 23/11/2024:

Zubair Bhatti writes his first public letter from jail addressed to the Deputy Commissioner (district Kotli) via the jail superintendent, seeking immediate release: 

A summary in English of the Urdu letter above:

Bhatti Sb. describes himself as a peaceful law-abiding citizen, operating well within his rights as a first class citizen of the State, who has devoted much of his life in service of humanity, via the education sector. Neither has he committed any such act that would create disturbance or chaos in society. Not only is his detention an infringement of his basic rights but also a dark stain for a nascent democratic society.

Further, that the Deputy Commissioner (DC) should use his powers to immediately release him from jail, otherwise he (Zubair Bhatti) will have no option but to protest his innocence, which could also result in a hunger strike till death.

Written at 1000hrs on 23/11/2024 

..

Wed 20/11/2024:

The following is what we can describe as both a public and legal note by the foremost jurist on the UN template on JKA - namely Dr Nazir Gilani - on Zubair Bhatti's case. It begins in Urdu but ends with some notes in English:

(The following text is the English part of his note):

1) Arresting Zubair Bhatti for attempting to exercise his legitimate right to return to his ancestral home violates these fundamental rights.

2) The preventive detention under the Maintenance of Public Order (MPO) is arbitrary and not proportionate to the individual's peaceful intent.

3) His family migrated from Mendhar during 1947 conflict,  making the area his ancestral home.

4) His actions are motivated by a desire to reconnect with his roots, not to disturb public order 

5) The case has Humanitarian element. Walking to Mendhar is a symbolic act of tracing his history and there is no evidence to suggest any malicious intent.

6) Peaceful walk does not constitute a threat to public safety or order

7) Detention under the MPO requires the government to prove that the individual posed a risk to  public order.  In this case his intent and actions were harmless

Under constitutional jurisprudence, any preventive action must be proportionate to the perceived threat. Arresting someone for walking to their ancestral home fails this test.

Government of Azad Kashmir should make an urgent reference to UNMOGIP and to the UN.

I am in Rawalpindi and my services and advice are available to the parties.

Dr Gilani's note above can also be accessed on his Facebook wall at this hyperlink 

-

Quayyum Raja paid a visit to Zubair Bhatti in jail today and subsequently wrote an Urdu note on Facebook:

Quayyum Raja's note above can also be accessed on his Facebook wall at this hyperlink 

..   

Mon 18/11/2024:

The following is a video statement in English by Quayyum Raja of Khuiratta, a formidable freedom fighter with decades of experience, who also runs the Centre for Jammu Kashmir Public Diplomacy:

View this post on Instagram

A post shared by Tanveer Ahmed (@tanveerahmed202415)

The video above is also available at this hyperlink

-

Earlier in the day we obtained a video statement (in Urdu) from Raja Haq Nawaz, who happens to be the stand-in chairman of the Jammu Kashmir Liberation Front (JKLF):

The YouTube (Short) video above is also available at this hyperlink 

-

Even earlier in the day, we met Zubair Bhatti for the second time in jail. This is the live video (in Urdu) - taken outside jail - after visiting him, along with his wife and son:

The video above is also available at this hyperlink

..

Sun 17/11/2024:

Professor (Retired) Zafar Khan, who also plays his role as diplomatic representative for the JKLF in the UK (He was part of the panel at the recent Oxford Union debate on an 'Independent Kashmir' on Thursday the 14th of November), had this written statement in English to offer:

I support Mr Zubair Bhatti's and that of any Kashmiri's right to visit their ancestral homes and meet their loved ones across the cease-fire line (CfL) in their forcibly divided homeland, Jammu Kashmir.

-

We received a written Urdu response to Zubair Bhatti's incarceration from a very senior stalwart of the JKLF - residing in the UK as well as in Akaalgarh AJK - namely Choudhary Saddique:

The above Urdu statement is translated thus:

Despite all the enmity between India & Pakistan both agree on one point, that they will not grant freedom to Kashmir. They are happy to distribute it amongst themselves but will not allow an independent State to emerge.  

-

The following JKA PUBLIC AGENCY Note was written for activists on this day:

An Appeal to Activists:

(In reference to Zubair Bhatti's incarceration and prevention of a peaceful, transparent 'freedom of movement' initiative to return to his ancestral homeland) 

His unconditional release is an immediate demand but his fundamental right to return to his ancestral home, is also something that our people and all concerned activists in the world, should support. 

The action to indefinitely detain him under draconian British colonial law, for peacefully and transparently returning to his ancestral home across the LOC - in the absence of a formal procedure to do so - is a heinous crime against humanity and should be called out so, by all peace seeking socio-political organisations. 

2 arguments/points are pivotal in this issue:

1) The very country that secretly sends arms, ammunition and personnel to the other side of JKA - to instigate conflict - is the same country that has ordered the imprisonment of Zubair Bhatti, for peacefully and transparently (informing all concerned governing entities in advance) of his intention. 

The AJK government's verbal argument (they have not provided any written details of charges against him, to him or anybody else) that Zubair Bhatti's movement towards the LOC will create instability in the region (lead to a fresh conflict between India & Pakistan, thereby putting the lives of local inhabitants in danger), are unfounded and self-serving. 

2) The inhabitants of JKA cannot be left to the mercy (which doesn't exist) of neighbouring countries or the 'international community', to create conditions or circumstances for them to exercise their fundamental rights, which have been denied them with the collusion and tacit agreements of the very same entities, in practice. 

The people of this territory, particularly so-called AJK, given that they have obtained more political space through their own peaceful efforts, compared to the inhabitants of other parts of the erstwhile princely State; indicates that they have the responsibility to undertake creative peaceful, ethical, legal and democratic initiatives, to restore their own fundamental rights. 

Zubair Bhatti's initiative is one such measure, which we at JKA PUBLIC AGENCY have described as an example of an OBM (Ownership-Building-Measure), as described by this writer in an article for Srinagar's 'The Rising Kashmir' in April 2011, which was duly referenced by the pre-eminent political scientist Professor Richard Bonney, at a British parliamentary committee room 'Kashmir' conference, in May of that year. 

International humanitarian law also recognises the right of humans to resolve their own dilemmas and that is the essence of exercising the right to self-determination, as referenced in the UN Charter. 

OBMs reference

JKA PUBLIC AGENCY Note: #E162617112024

- 

The following is a YouTube video (short), with English text kindly put together by Claire Bidwell, who energetically runs the campaign 'Let Kashmir Decide': 

The video above is also available at this hyperlink

..

Fri 15/11/2024:

Saddaqat Mughal Kashmiri of Athmaqam in Neelam Valley, who heads his own faction of the JKLF (Nazriyati), has released a warning to the AJK 'Authorities', to release Zubair Bhatti or else he will give a wholesale call to the public of AJK, to march towards the LOC:

The video above is also available at this hyperlink 

-

This is a public statement (in Urdu) given outside district jail Kotli, after meeting Zubair Bhatti for the first time since his incarceration, along with his wife: 

 

 The video above is also available at this hyperlink

..

Thu 14/11/2024:

This is a public statement in English I gave outside district jail Kotli, on the afternoon after his arrest and subsequent incarceration:

View this post on Instagram

A post shared by Tanveer Ahmed (@tanveerahmed202415)

The video above is also available at this hyperlink

..

Tue 12/11/2024

This is an English video statement on the culmination of Day 3 of his journey, whereby he has reached Phwag Mora, enroute from Kotli to Nikyaal:

The video above is also available at this hyperlink

_

The following interview in Urdu by AJK News, was taken of Zubair Bhatti, which also acknowledges his wife's involvement on this walk:

  

The Facebook video above can also be accessed from this hyperlink

..

Mon 11/11/2024:

An English interview by myself of Zubair Bhatti, at Kothian (enroute towards Nikyaal):

View this post on Instagram

A post shared by Tanveer Ahmed (@tanveerahmed202415)

The video above is also available at this hyperlink

-

Zubair Bhatti felt empowered by the visit of his wife, children and siblings on Day 2 of his journey 'Back to Home'. Here's his video statement in Urdu:

The video above is also available at this hyperlink

-

Earlier in the day Zubair Bhatti was interviewed (in Urdu) by tehsil Nikyaal press reporter Shehzad Ahmed Chibb, for Sadae Nakial News Facebook page. which has to date generated over 246,000 views (updated 06/01/2025):

The video above is also available at this hyperlink 

..

Sun 10/11/2024:

By nightfall on Day 1 of his journey, Zubair Bhatti reached Drer enroute from Kotli to Nikyaal. This is a video statement in Urdu that he published - which has accumulated almost 50,000 views thus far - giving us all an indication of the interest generated by his journey:

The video above is also available at this hyperlink

-

A local newspaper also took the initiative of announcing the commencement of Zubair Bhatti's journey 'Back to Home', as the latter likes to describe it:

This newspaper headline announcement can also be accessed here 

-

The first written (in Urdu) statement supporting Zubair Bhatti's endeavour, was from Gilgit division and specifically Ghizer district, namely from Shafqat Inqalabi:

The post above can be accessed from the following hyperlink

.. 

Sat 09/11/2024:

Although the letter referenced was written on the 1st of November and made available publicly, initially this writer (Tanveer Ahmed) had left it to Zubair Bhatti to forward it to all concerned 'Authorities'. We emailed them when Mr Bhatti requested us to do so:

The note above is also available at this hyperlink  

..

Fri 08/11/2024:

A clear advance notice to all concerned is given by Mr Bhatti on Facebook:

The post above is also available at this hyperlink

..

Thu 07/11/2024:

The following is a video interview (in Urdu) I took of Zubair Bhatti, 3 days before his intended journey back to his ancestral home, in broad daylight and by giving ample notice to all 'Authorities' concerned:

The video above is also available at this hyperlink

..

Fri 01/11/2024:

Zubair Bhatti discusses his intentions at length in an Urdu video statement, subsequent to the English letter written on his behalf, by JKA PUBLIC AGENCY to the 5 'Authorities' referenced:

The video above is also available at this hyperlink 

-

The letter has already been logged here on this weblog and can be accessed from the following hyperlink

..

Sun 27/10/2024:

This is the video statement in English by Zubair Bhatti, referenced (in the subsequent 01/11/2024 letter written by JKA PUBLIC AGENCY), addressed to the local governments on both sides of JKA, India, Pakistan and the United Nations Security Council:

The video above is also available at this hyperlink 

..

Thu 03/10/2024:

This was the first time Zubair Bhatti made his intentions public, via this Urdu video interview given to Zulfiqar Malik Dogra of JK Leaks (subsequently referenced in the 01/11/2024 letter to the International Community, as requested by Mr Bhatti to JKA PUBLIC AGENCY):

The video above is also available at this hyperlink

....