NPP Supremo reminds political hawks on J&K constitutional status vis-à-vis Union of India

Prof.Bhim Singh, a senior advocate in the Supreme Court of  India and Founder of National Panthers Party questioned the national leadership, the so-called separatists in Kashmir and political hawks in Pakistan on their counter productive statements vis-à-vis J&K relating to its relationship with the Union of India as well as the status of the so-called refugees who migrated to J&K from Sialkote side in 1947 as refugees when India suffered division. Prof.Bhim Singh reminded the politicians as well as the so-called separatists in Kashmir besides the leadership in Pakistan that the Maharaja (ruler of J&K) acceded to the Union of India and all other 575 states which acceded to the Union of India were admitted into the Union of India. J&K was not merged into the Union of India by the Constituent Assembly and the Parliament of India did not care to merge the State of J&K with the Union of India. Maharaja Hari Singh continued as the ruler of J&K. It was on 20th August, 1952 that the so-called Constituent Assembly of J&K (which was an illegitimate creation of National Conference) passed resolution on August 20, 1952 declaring that Maharaja has been expelled. This was in total contradiction of the resolution of the British Parliament which was adopted to confer relationship to the States before the Constitution of India was promulgated on 26th January, 1950. Maharaja did no wrong and like other rulers he acceded to the Union of India. Sheikh Abdullah leader of the National Conference, the tallest and accepted leader of the Kashmiri Muslims supported and backed the Accession signed by Maharaja Hari Singh.

            It was the Constituent Assembly of India which blundered and ignored the advice of the Chairman of the Constituent Assembly Dr. Bhimrao Ambedkar who was for the complete merger of J&K like other 577 states which joined the Union of India. The two states Hyderabad and Junagarh had never signed the Instrument of Accession even when they were merged with the Union of India. J&K was the only casaulty promoted by the Constituent Assembly.

            Prof.Bhim Singh today told Foreign Office Spokesman Nafees Zakaria of Pakistan that it was Pakistan which violated the United Nations resolution dated 5th August, 1948 refusing to withdraw from the territories of J&K which Pakistan had illegally occupied after Maharaja acceded to the Union of India in 1947. Prof.Bhim Singh said that only Kashmir issue is the vacation of illegal occupation of Pakistan as was forcefully raised by Shri V.K. Krishna Menon, the Indian representative in the United Nations in 1957 and again in 1961. NPP Supremo asked Pakistan to file rejoinder to the statement of Shri V.K. Krishna Menon first. Prof.Bhim Singh questioned the stand taken by the Hurriyat Conference leaders, residing in Kashmir Valley to hold state wide protests and demonstrations against issuing of domicile certificates to the West Pakistani refugees. Prof.BhimSingh expressed shock on the ignorance of the Indian leadership that they have no idea that the bulk of Indian population was forced out of Sialkote/Lahore sectors which was under partition plan and those who were forced to migrate to Indian side from Sialkote into the nearest safe zones from Sialkote were the districts of Jammu and Kathua. Prof.Bhim Singh argued forcefully that all of them were allotted immovable property (agricultural land) by the administration of headed by Sheikh Mohd. Abdullah the then administrator of the border areas appointed by the then Maharaja of J&K. It was under the direction and action of Sheikh Mohd. Abdullah that the migrant families from Sialkote sector were allotted immovable land in the districts of Kathua (included Hiranagar), Jammu (included Districts of Samba and Akhnoor). This allotment was made under the seal and signatures of the administrator of the area, Sheikh Mohd. Abdullah in 1947 itself. Almost all migrants who entered at that time have vanished and their children and grandchildren are settled on those plots (agricultural land). Under the law all those who came and settled in J&K before 1954 have the same rights as the permanent residents of the State of J&K. It is pity that the Congress Party or even BJP lack this information or understanding about the complex situation in the eyes of law that prevails in the State of J&K.

            Prof.Bhim Singh said that the Panthers Party shall take up the matter before the Supreme Court of India regarding the status and political rights of all those who were born in the State of J&K after 1947 and before 1954. They have the right to be settled in J&K as permanent residents of the state according to the law relating to the so-called ‘State Subject’ (permanent residents). Prof.Bhim Singh regretted that the BJP leadership in the entire country has failed to understand the real issues which are being faced by the residents of J&K who happened to be citizens of India even according to the law of the land and international law.