cifjkindia.org - Open Letter to PM Dr. Manmohan Singh about J&K

CIF Petitions

From:

India Awareness Foundation (IAF) - previously - Bharat Awareness Forum (BAF)

Subject: Open Letter to PM Dr. Manmohan Singh about J&K

Sun May 23, 2004 6:12 am

To:

Honorable Prime Minister of India,

Professor Dr. Manmohan Singh Ji

New Delhi

Subject: For your URGENT consideration,

Open Letter regarding the situation in Jammu and Kashmir

Mananiya Pradhan Mantri Professor Dr. Manmohan Singh Ji:

First of all, please allow me to convey to you my heartfelt admiration and sense of pride in having a distinguished economist at the helm of the Government of India.

I am writing to you with an intense sense of urgency about the situation in Jammu and Kashmir that threatens the integrity and security of our great nation. Political concerns in India over the past several months have left the situation in a quandary. It is crucial that immediate steps are taken toward 'damage control' and a 'just resolution' of the vexed issue.

Even as the 'peace process' with Pakistan must continue under your able supervision, attention must be paid to certain critical events in immediate past, inclusive of past few days:

(1) May 23: Suspected Islamic militants blew up a military bus in J & K

http://story.news.yahoo.com/news?tmpl=story&u=/ap/20040523/ap_on_re_as/kashmir_attack&cid=516&ncid=716

(2) May 21: Army Chief Gen N C Vij has reported that 3,000 Pakistani militants are in readiness to infiltrate Jammu and Kashmir

http://www.reuters.com/newsArticle.jhtml;jsessionid=HUWGNJHVRDBZICRBAEOCFFA?type=worldNews&storyID=5222457

(3) May 20: Three killed, 21 hurt in Chadoora (Budgam Dist.,J&K) bicycle bomb blast

http://www.dailyexcelsior.com/web1/04may21/news.htm#4

(4) May 17: Infiltration bid foiled in Poonch - Two jawans killed, 3 injured

http://www.dailyexcelsior.com/web1/04may21/news.htm#3

(5) May 9: Three Pakistani terrorists had abducted a civilian & slit (killed) his throat

http://www.dailyexcelsior.com/web1/04may10/news.htm#9

The summary above is obviously not exhaustive; it is only illustrative of certain events that cost us life and dignity even as we believe that the peace process with Pakistan is active. The near-routine sequence of events during the so-called 'active peace process' is alarming.

Other points that must be considered comprehensively are:

[I] The people of our great nation will not accept any treaty with Pakistan that is not authorized by the Parliament of India, which has UNANIMOUSLY resolved in its RESOLUTION in the (Congress-led) Lok Sabha, dated February 22, 1994, that:

"The state of Jammu & Kashmir has been, is and shall be an integral part of India .... - Pakistan must vacate the areas of the Indian State of Jammu and Kashmir, which they have occupied through aggression ..."

[II] Autonomy to J&K cannot be a solution; J&K already enjoys more autonomy than any other state in the Indian union and that has not helped the state. While 'autonomy' to different regions may have a value in a democracy, it must not violate the principle of equality in State-Center relations in the Indian union. This equality be first established by consolidating the integration of J&K in India; and 'autonomy' and any such solution may be considered only after completing this process.

For additional reasons, please see the following two references:

http://www.rediff.com/news/2000/aug/14arvind.htm

http://www.rediff.com/news/2000/aug/22arvind.htm

[III] The people of our Great Nation must know that Article 370 has been used to proclaim the Presidential Order of May 14, 1954 - application to Jammu and Kashmir -, which is NOT a part of the Constitution of India and has never been passed by the Parliament of India. Article 370 is therefore a serious anomaly in the Indian Constitution, it inhibits Jammu and Kashmir's reconfiguration, promotes secessionist activities in the State, and it does absolutely no good to Muslims of Jammu and Kashmir, let alone for those in rest of India. Article 370 is not a religious issue and has nothing to do with the bogey of 'Kashmiriyat'.

Furthermore, the people of this country must know that Pakistan does not support 'freedom' to Kashmiri Muslims against whom it has committed horrendous atrocities, including ignominious treatment of Kashmiri Muslim women, as reported by distinguished Muslims in honorable positions.

For example, Muslim Scholars have lamented against the brutalities done by Pakistan against the Kashmiri Muslims as in following terms:

"It is a strange commentary on political beliefs that the same Muslims of Pakistan who like the Muslims of Kashmir to join them invaded the state, in October 1947, killing and plundering Muslims in the state and dishonoring Muslim women, all in the interest of what they described as the liberation of Muslims of the State."

The full text of the above memorandum submitted by Muslim leaders of India, including Dr. Zakir Hussain (then Vice Chancellor of Aligarh Muslim University, and later President of India) to Dr. Frank P. Graham, United Nations Representative dated Aug-14-1951 is available at

http://www.cifjkindia.org/main/legal_docs_008.html

http://www.cifjkindia.org/main/jk_pok_000.html

[IV] What does the Jammu and Kashmir Constitution say about the WILL of the PEOPLE?

The elected people of Jammu and Kashmir, representing the WILL of the PEOPLE of the State of Jammu and Kashmir, adopted the 'Jammu and Kashmir Constitution.

Refer: http://www.cifjkindia.org/main/legal_docs_004.html

Some important extracts from the J&K Constitution:

"We, the people of the State of Jammu and Kashmir, having solemnly resolved, in pursuance of accession of this State to India which took place on the twenty-sixth day of October, 1947, to further define the existing relationship of the State with the Union of India as an integral part thereof, and to secure to ourselves JUSTICE, social, economic and political; ... Section 3 (non-amendable, as per Section 147): "The State of Jammu and Kashmir is and shall be an integral part of the Union of India."

[V] Legal Opinion about WILL of the PEOPLE of J&K India's Ex - Chief Justice Dr.A.S.Anand has opined that this (above mentioned Section 3 of the J&K Constitution) represents the supreme will of the People of the State, as has also been opined by several world leaders India has failed to make this known to the civilized democracies that the Wishes of the People of J&K have already been expressed in favor of India. A.S.Anand 'The Constitution of Jammu & Kashmir - Its Development& Comments' (Universal Law Publishing Co Pvt Ltd, New Delhi, third edition, 1998)

[VI] What the World leaders said about the WILL of the PEOPLE:

* Dec-10-1955: Soviet leaders Bulganin and Kruschev arrived in Srinagar and declared that the Kashmir question has been settled by people of Kashmir as one of states of India

* Mar-16-1956: China's Chou En Lai said that the people of Kashmir have already expressed their will regarding accession to India

* Nov-17-1956: J&K state constituent assembly adopted constitution, interalia, declaring State as inseparable part of India

* Nov-20-1956: Former British Prime Minister Attlee says "Kashmir has definitely opted for Union with India."

* Apr-27-1962: Soviet delegates to Security Council said "Question of Kashmir as integral part of India has been decided by the people of Kashmir."

* Nov-29-2001: Kashmir an integral part of India: Israel

References:

http://www.cifjkindia.org/main/wlop_001.html

http://timesofindia.indiatimes.com/cms.dll/html/comp/articleshow?artid=46686379

[VII] We urge you to consider, as a FIRST STEP, CONSOLIDATION of INTEGRATION of J&K in INDIA, following which appropriate measures may be taken for a reconfiguration of the State of Jammu and Kashmir, inclusive of the region that has been occupied by Pakistan. This region, after securely integrating in India, may perhaps be renamed as 'Takshashila' and must constitute an integral part of India, along with the regions of Jammu, Kashmir and Ladakh; the four regions thus constituting four Districts of a unified state of Jammu and Kashmir, or may constitute smaller states depending on the administrative needs of the region. In this regard, we draw your attention to our petition to the President of India submitted on December 4, 2002.

Petitions- http://www.cifjkindia.org/petitions/cifjki_petition_000.shtml

[VIII] Grievances in PoK must be addressed; people of that region need humanitarian relief; they are citizens of India. Comprehensive integration of that region in India is essential to fulfill our duties toward the people who cannot be abandoned only because they are Muslims. [Please refer to Appendix AG6 in our petition to the President of India submitted on December 4, 2002:

Petitions- http://www.cifjkindia.org/petitions/cifjki_petition_000.shtml ]

With my very best regards,

Dr. Pranawa C. Deshmukh

Coordinator, Jammu and Kashmir Project,

India Awareness Foundation (IAF) - previously - Bharat Awareness Forum (BAF), Atlanta, USA;

& Convener, CIFJKINDIA [ http://www.cifjkindia.org/ ]

Email address: pcdeshmukh@yahoo.com

POSTAL ADDRESS:

1765 Lazy River Lane,

Atlanta, Georgia, 30350, USA

To: Prime Minister's Office:

Copy to: