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Pakistan’s foreign-office view of Article 370: A faux pas

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In his weekly press briefing, Pakistan foreign-office director general (South Asia and SAARC) Dr. Mohammad Faisal said (April 6, 2019), “Pakistan will never accept the repeal of Article 370 of the Indian  Constitution… Besides violating the rights of Kashmiris, it will also contravene relevant  UNSC (UN Security Council) Resolutions”. He added that Article 370 was incorporated in India’s Constitution in October 1949. And, it exempts Jammu and Kashmir from the country’s Constitution while allowing the state to draft its own [constitution]. Indian newspapers, including prestigious The Statesman have reported his statement.

It appears that doctor Faisal’s statement is not in sync with principled stand of the government of Pakistan. Article 370 is rooted in accession-to-India resolution of so-called `constituent assembly’ of the disputed Kashmir. The `assembly’ itself banks on Maharajah Hari Singh’s mythical `Instrument of Accession’, not registered with the UNO. By accepting Article 370 and occupied Kashmir’s constitution, Pakistan binds itself to accepting Azad Kashmir as part of India. The IHK’s constitution provides seats for Azad Kashmir. Will Pakistan hold elections in Azad Kashmir under Indian or IHK’s constitution?

If our foreign office revisits Kashmir-case files, it will come to know that: (a) India never registered Instrument of Accession with the United Nations.  In the summer of 1995, the Indian authorities reported the original document as lost or stolen? (b) Aware of India’s intention to get the ‘Instrument of Accession’ rubber-stamped by the puppet assembly, the Security Council passed two resolutions _ Security Council’s Resolution No 9 of March 30, 1951 and confirmatory Resolution No 122 of March 24, 1957 _ to forestall the `foreseeable accession’ by the puppet assembly.. These resolutions outlaw accession or any other action to change status of the disputed state. (c) Pakistan stresses international-law jus cogen `pacta sunt servanda’ treaties are to be abided by, being binding on signatories. Non-compliance reduces a state to status of a rogue state. (d) India through a series of steps whittled down Kashmir’s special status under Article 370 and 35-A of India’s Constitution. Governor replaced sadr-e-riast who could conveniently dismiss wazir-e-riast (now chief minister). (e) Kashmiri leaders are begging for `election’ which is ultra vires of UN resolutions. Kashmiris’ fate of total integration hangs in hands of petition pending with India’s Supreme Court.

Pakistan’s information minister’s statement

In a prelude to Foreign Office spokesman’s statement (April 6, 2019), Pakistan’sinformation minister had dared India hold elections in Indian-held Kashmir (March 11, 2019). Taking the two statements juxtaposed, the inference is that Pakistan implicitly admits that: (a) Jammu and Kashmir is not a disputed territory. It is an `integral part of India’. IHK had acceded to India as per the Maharajah’s Instrument of Accession not registered with UNO or invoked on UN forums. (b) `Pakistan administered Kashmir’ (Azad Kashmir) is under illegal occupation by Pakistan. Heretofore I quote from IHK’s `Constitution’.

`Preamble to the Constitution of Jammu and Kashmir

“WE, THE PEOPLE OF THE STATE OF JAMMU AND KASHMIR, having solemnly resolved, in pursuance of the 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 part thereof…’.

`Relations with Government of India

Article 3 in part 2 of the Jammu and Kashmir constitution reads as, “Relationship of the State with the Union of India:-The State of Jammu and Kashmir is and shall be an integral part of the Union of India.

Relations with Pakistan administered KashmirArticle 48 of Part VI of Jammu and Kashmir constitution defines Pakistan administered Kashmir as “Pakistan Occupied Territory”.

There are currently 87 seats in Jammu and Kashmir State assembly, but article 48 of Jammu and Kashmir constitution also recognizes 24 seats from Pakistan administered Kashmir and mentions that these 24 seats will remain vacant till Pakistan ceases the “occupation” of Kashmir and the said area shall be excluded in delimiting the territorial constituencies till that time.

To India’s pleasure, Pakistan’s chagrin

What information minister or foreign-office spokesman said should please India. For, India says clasula rebus sic stantibus, a fundamental change of circumstances (literally `things as they stand’), making plebiscite demand an anachronism.

Look at Janus-faced Pundit Jawaharlal Kaul/Nehru. Nehru had earlier declared in a radio broadcast (Nov 2, 1947) that the government of India was “prepared, when peace and order have been established in Kashmir, to have a referendum held under international auspices like the United Nations.” I am quoting from Chaudhri Mohammad Ali’s The Emergence of Pakistan.

Nehru be-fooled Sheikh Abdullah to stab Pakistan in the back. Barkha Dutt recalls (This Unquiet Land, p. 154) `In a 1948 speech to the United Nations, Sheikh Abdullah … made a blistering defence of the accession to India. Sher-e-Kashmir (Lion of Kashmir) roared, :I had thought all along that the world had got rid of  Hitlers…but what is happening in my poor country I am convinced that they have transmigrated their souls into Pakistan…I refuse to accept Pakistan as a party in the affairs of Jammu and Kashmir’

Dutt says, “Sheikh Abdullah [later] began to talk about possibility of independent Kashmir…Soon after he changed his stance he was jailed and dismissed from office and was not able to lead the state for another twenty years’. Stanley Wolpert and Alastair Lamb (Kashmir – A disputed legacy 1846-1990, Birth of a Tragedy) also doubt existence of Instrument of Accession (October 26, 1947).

Pakistan’s foreign office has yet to produce a luminary of the caliber of Indian foreign secretaries Shiv Shankar Menon, Krishnan Srinivasan, JN Dixit and Jagat S. Mehta. These gentlemen knew that Kashmir was not an atoot ang (unbreakable part), but a disputed state. India and Parvez Musharraf partly implemented Mehta’s proposals. His proposals are contained in his article “Resolving Kashmir in the International Context of the 1990s” Some points of his quasi-solution are: (a) Pacification of the valley until a political solution is reached. (b) Conversion of the LoC into “a soft border permitting free movement and facilitating free exchanges…” (c) Immediate demilitarization of the LoC to a depth of five to ten miles with agreed methods of verifying compliance. (d) Final settlement of the dispute between India and Pakistan can be suspended (kept in a “cold freeze”) for an agreed period. Voracious readers may refer for detail to Robert G Wirsing, India, Pakistan and the Kashmir Dispute (1994, St Martin’s Press, New York pp. 225-228). Mehta’s thinking is in line with JN Dixit’s. Dixit says ‘it is no use splitting legal hair. “Everybody who has a sense of history knows that legality only has relevance up to the threshold of transcending political realities. And especially in inter-state relations… so to quibble about points of law and hope that by proving a legal point you can reverse the process of history is living in a somewhat contrived utopia. It won’t work.”(Victoria Schofield’s book Kashmir in the Crossfire).  

Does Pakistan’s Foreign Office abides by IHK and India’s constitutions? When shall Pakistan cease its `occupation of Azad Kashmir’ to hold elections on 24 seats reserved for Pakistan-administered Kashmir’? Certainly, the afore-quoted statements do not reflect Pakistan’s position on Kashmir dispute, based on UN resolutions. India has no mandate to change the status of the disputed state through sham elections. It is time Pakistan gagged its loose-cannon information minister or unbridled foreign-office spokesman.

Mr. Amjed Jaaved has been contributing free-lance for over five decades. His contributions stand published in the leading dailies at home and abroad (Nepal. Bangladesh, et. al.). He is author of seven e-books including Terrorism, Jihad, Nukes and other Issues in Focus (ISBN: 9781301505944). He holds degrees in economics, business administration, and law.

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The Taliban Finally Granted Permission to the Former President Karzai to leave Afghanistan

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Former President of Afghanistan Hamid Karzai. (Express photo by Nirupama Subramanian)

Based on the information, the former president of Afghanistan, Hamid Karzai, was permitted to leave the country. At a time, when online meetings between Sohail Shaheen and American representatives are going on in connection with the start of intra-Afghan talks in Doha, The former president of the country, Hamid Karzai, was allowed to exit the country for the first time after August 15, 2021, when the Taliban took over. Nevertheless, it is not yet known when he will start his overseas trip, but his only purpose is to get preparation for the start of Intra-Afghan talks in Doha and to meet with American officials and foreign Afghan politicians. Since the end of October and the beginning of November, there are reports narrating that telephone calls are being made between President Hamid Karzai, and the US special representative for Afghanistan, Thomas West.

Besides, the persons are preparing for future negotiations, the re-established relationship between the former president Karzai and the CIA took place, when a CIA undercover intelligence officer met Karzai sometimes back, when he represented himself as an International media reporter. Sources suspect that the undercover agent interviewed the president under the auspices of a well-known German based Der Spiegel Magazine.

According to the information, former President Hamid Karzai will fly to Germany, while meeting with the CIA officials at the US Ramstein Air Base in Germany. Meantime, the former President Hamid Karzai will meet with some high-ranking officials of Germany and then have separate meetings with Western politicians and intelligence officers. Furthermore, after that, President Hamid Karzai will meet with the American ambassador to lay out the strategy for the potential negotiations.

 Currently, there is a lot of confusion in the Mandigak palace in Kandahar province, where Taliban Spiritual leader and the decision making hub located and it is said that there have been serious discrepancies  regarding allowing him to go abroad. However, Sheikh Haibatullah’s position is still neutral about his exit, while negotiating with his advisors to make a final decision in the upcoming days.

Nonetheless, there are no other specific differences regarding the permission. It is only the low-ranking Taliban fighters, who demand the precise judgement of the Taliban’s leader in this concern; In addition, some Taliban leaders are also unhappy about the whole process, especially the former members of the Quita Council of Taliban.

Now the ball is in the Taliban’s ground, whether they are ready to comply with the demands of the international community, by transferring the power to a transitional government or not, and to get along with the United States and get onboard the international community support. Definitely, it causes further splintering among Taliban groups and ISKP will use it as an opportunity to recruit Taliban fighters, while paving the way for regrouping in Khorasan Province the IS so-called territory.

The ISKP long before blamed Taliban for being ‘’ Rafeda’’, while simultaneously cooperating with the US, Russia, China and Iran for their political ambitions.  To conclude, the Afghan people will not accomplish a lasting peace and sustainable economic developments, since the country will turn into a new battle filed among countries, which have stake in Afghanistan.

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The Charisma and Chaos of Imran Khan

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PTI Chairman Imran Khan gestures at the march participants as his convoy arrives in Gujranwala on November 1, 2022. — Instagram

The chances of Imran Khan winning the elections of 2018 were quite murky. Despite his unparalleled fan base and populist rhetoric appeals to the young, and labor class of Pakistan, the legitimacy of his government is marred with allegations of fraud, rigging, and exploitation.

Some argue that his candidacy was a marketing tactic used by the ‘Establishment’ in Pakistan to form a government that is rather weak and dependent so that the ‘Establishment’ can continue its control over domestic security issues including the Nuclear escalation and relations with India.

But by and large, Khan won the elections.

Maybe it was the stardom attached to the name ‘Imran Khan’ and Pakistanis not wanting to confide in the same faces ruling them for centuries.

Maybe it was the mismanagement and violence that marred election day with unfathomable delays in result declaration in metropolis cities, coupled with post-poll manipulation.

Maybe it was the judicial-military nexus, that placed all the votes in the right places by not allowing voters to use their will during elections.

Maybe it was the 7 years-old narcotics case hearing moving forward against the stalwart of Pakistan Muslim League-Nawaz, Hanif Abbasi, giving him a life sentence in a rare late-night session of court, four days ahead of the elections that effectively knocked PML-N out of the race.

But the deal was done and can’t be undone and Imran Khan became the Prime Minister of Pakistan, for better or worse.

Khan the Celebrity

Pakistani nationals were victims of the financial crisis, unemployed people, those who lost their homes, and who were in debt; these people felt like the two parties ruling Pakistan for centuries had destroyed their country’s economy.

Imran Khan, with his humongous stardom as an athlete and philanthropist, seemed like the only ‘Messiah’ that could save them from all the atrocities they were facing.

Though, a significant number of votes were cast in favor of PML-N but not in the places that would have locked the win. So Imran Khan, persuaded the angry Pakistanis, the youth, and the labor class who were fed up with being handed over in trade deals with other nations.

Khan, a socialite that he was, knew how to connect with these agitated masses. Their grievances were clear as a day and so he gave them pretty promises wrapped up in his vibrant rallies filled with catchy songs. His huge social media presence along with the ‘Naya Pakistan’ slogan further amplified his staunch.

But there lies a challenge as to why Khan became the top highlight of this era. To many who were tired of politicians filling their own pockets, and amid the corruption charges on Nawaz Sharif, Khan’s celebrity status, his colorful personality, his promise of a corruption-free Pakistan, and his unconventional ‘Don’t Panic’ attitude – all of this made Khan seem like the only option who would deliver a better life and nation and, if not that, then at least would be the eradicator of what Pakistan had become.

Khan the Totalitarian

The other side of the coin sees Imran Khan as a narcissist, self-centered, and power-hungry mogul. After achieving his eternal craving of becoming the Prime Minister, he hardly showed any respect for the institutions of the country. More often than not he refused to attend the sessions of Parliament, with his excuse being the presence of members of the opposition party whom he referred to as ‘Crooks’ and ‘Chors’ (thieves).

This resulted in laws, instead of passing through an ordinary law-making process, being passed through presidential ordinances, with very limited power. We can clearly say that these laws were passed without debate, consensus, and thorough examination, negating the very foundation of constitutional requirements.

Additionally, Khan likes to fabricate stories in his speeches, a lot. In this vein, he brings down any democratic provision that proves him wrong, including targeting political parties on concocted charges of corruption; sustained attacks on the media; undermining law authorities, even the Supreme Court is not exempted from his allegations.

Through the abrogation of rule of law, irresponsible remarks about institutions, and disdain toward democracy, Khan himself created a fragile parliamentary system, which then collapsed on him. Not only this, but he has fractured the already dwindling democracy of Pakistan into a whole new level.

Khan the Leader

Khan came onto the political scene when Pakistan was facing a volatile situation both at home and abroad, coupled with the tensions going on with the Americas, and the rampant inflation, he was still able to take some impressive measures. His work related to health, relief programs, house loans, the environment, entrepreneurship, and the COVID response is admirable.

In addition, his billion tree tsunami and the building of several small dams initiated an environment-friendly drive in the climate change-affected country. But was he able to deliver on the ‘Promises’ made to the nation? Absolutely Not.

Perhaps he should have paid more attention to the cabinet as the abrupt changes in the system dwindled the confidence of investors in Pakistan’s economic machinery. His careless handling of some important economic programs including the CPEC decelerated the capital influx that caused the GDP to drop considerably.

To top it all off, Pakistan, in 2021 dropped from 124th place to 140th place according to Corruption Perceptions Index (CPI), leaving an ugly mark on Khan’s corruption eradication promises on which he has led the foundation of his political career. Maybe he should have abided by the agenda of progression in order to gear up his performance instead of getting involved in blame and shame politics.

Khan the funambulist

The important reason why Khan has a cult following in Pakistan is his unfiltered and raw opinions about topics like the Americas, and Afghanistan which he keeps casting in his speeches. And, the audience, mostly the social media-induced young generation eats it all up like a sweet concoction, without paying heed to the implications it will bring to the foreign policy of Pakistan.

Khan’s decision to appoint Usman Buzdar, an underqualified and inexperienced newcomer to a vital position in the key city of Punjab pretty much sums up his political foresight. Perhaps, the most interesting yet debatable contrivance of his regime is his relentless attitude toward the United States, no previous Prime Minister of Pakistan was able to say ‘Absolutely No’ to the US as it had many allies in the domestic political platform of Pakistan. This stance of Khan was admired a lot in the country, with the phrase being trending in Pakistan. But the remarks came with ramifications for Pakistan on the international forum. This whole scenario further makes people question his political sanity.

Imran Khan possesses all the characteristics of a populist leader and in Populism: A Very Short Introduction, Cas Mudde says: “Populists are dividers, not uniters” they split society into “two homogenous and antagonistic groups: the pure people on the one end and the corrupt elite on the other.” True to this narration, Khan has divided the nation into two groups of ‘Evil and Good’ people, and the consequences are detrimental to the stability of the Islamic Republic of Pakistan.

Conclusion

To sum it all up, Imran Khan, despite his misgivings, his warts, his narcissism, and his unhinged political views, is still able to reach a class of people that have seen Pakistan erode for centuries and consider him the last hope for the country. But he certainly is not the best choice for democracy as his political understanding is ruined by his self-righteous approach. In this manner, he is no better than former US President Trump who incited his supporters to pass on the U.S. Capitol to forestall the peaceful transition of power after his electoral defeat. It is precise to say that Pakistan has fallen into a deep cauldron and only a Magic Wand can heal it at this point. Though Khan has not singularly created this cauldron, he most definitely is exploiting and feeding on it.

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Chattisgarh Elections 2023: Future of United Progressive Alliance and BJP

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Chattisgarh, the 9th largest state of India by area and 17th most populous state with population of 30 Million will go to votes in upcoming elections in 2023. Chattisgarh saw an electoral shift in 2018 when voters chose INC lead United Progressive Alliance over BJP which was into the power since 2003. The legislative assembly comprises of 90 constituencies and population demography favors the Hindu’s with 93.05%, Muslims are major minority with 2.02% and Christians make up 1.92% of the population of Chattisgarh. The major contenders in the elections are United Progressive Alliance, which came into power in 2018. The major parties in the Alliance are Indian National Congress (INC), Dravida Munnetra Kazghagam, Janta Dal (United), Shiv Sena and Nationalist Congress Party. This alliance faces BJP as major gladiator of the Elections.

INC lead United Progressive Alliance Government

In 2018 elections, United Progressive Alliance defeated BJP in the state to form the government. Previously BJP enjoyed three successive tenures in power. The Alliance proved to be vital in defeating the ex-ruling party and Bhupesh Baghel of INC was sworn in as new CM of Chattisgarh. The newly elected government opted for the developmental model in the state with their activities ranging from sports to health and good governance. The CM gave the vision of ‘Employment Mission’ which aimed at providing 15 lac jobs to people of Chattisgarh. The government provided the masses with the vision of ‘trust, development and security’ in order to remain popular and hence their projects based upon wellness of the general public. The CM started ‘Khelbo-Jeetbo-Gadhbo Nova Chattisgarh’ scheme in order to enhance sports infrastructure and facilities for youth of Chattisgarh. The scheme covered major as well as local games. The government also launched ‘ Makhyamantri Haat Bazar Clinics’ scheme in order to provide and ensure health services in rural and remote areas of the state. This scheme received a lot of praises from the masses during pandemic period. Government also enhanced education sector by setting up more than 600 Hindi and English medium schools. CM launched ‘Swami Atmanand English Medium Education System’ in all districts of the state. The scheme aimed at setting up of the English medium colleges for the students. The government under CM Baghel, also faced severe opposition in form BJP. The BJP criticized government of corruption, farm loans and internal rift among government officials. The CM also survived ‘No Confidence Motion’ tabled by BJP in the legislative assembly in July 2022.

BJP and Caste votes

Caste permutation and combinations have always played a role of dominating factor in the state of Chattisgarh. The state is amalgamation of upper castes, schedule castes (SC), Schedule tribes (ST) and Other Backward Castes (OBCs). The Kurmi’s and Sahu’s dominate upper castes in the state. One third of the population is composed of Scheduled tribes (ST), while Schedule castes (SC) make up 12% of the population and Other Backward Castes (OBCs) are 41% of the population. Upper castes and OBCs have traditionally tilted in the favor of BJP. SC votes have been divided among BJP, INC and Bahujan Samaj Party (BSP). In 2013 however, BJP swept through 9 out of 10 constituencies of SC reserved seats. Dalit vote bank also has an influential role in elections. There exists around 12% of Dalit vote splitting between BJP and BSP. This vote bank influences 40 constituencies of the state. BJP is also counting upon Sahu’s votes in order to gain power back in upcoming Chattisgarh elections.

Chattisgarh as home ground of Hindutva

Chattisgarh has seen a violent shift when it comes to application of agenda of Hindutva. RSS and its political affiliate BJP have targeted Chattisgarh for Hindutva onslaught. The norms of Hindu identity have gone deep down into the roots of the society. ‘Ghar Wapsi’ scheme is gaining influence in Chandigarh. In March 2022, a ceremony was held and 1250 people returned to Hindu dharma. In states like Odisha, Chattisgarh and Jharkand more than 10,000 people have returned to Hindu dharma. BJP has developed a narrative of targeting Congress for miseries of Hindu’s all around India. Vishwa Hindu Parishad (VHP) an affiliate of RSS has been provided with security umbrella of BJP and it has forced Churches in Chattisgarh to use name of ‘Acharya’ and ‘Up-Acharya’ instead of ‘Father’. VHP has also forced churches to display images and painting of Hindu goddess ‘Saraswati’ in churches. The organization has also forces churches to distribute ‘Prasad’ instead of sweets at the eve of Christmas, thereby attacking the root identities of Christianity in the state. Around the time when BJP formed the government in center in 2014, 5 villages in Bastar district of Chattisgarh were banned for non-Hindu practices. Hindu leaders in Chattisgarh are calling for killing of any individual who tries to convert Hindus into any other religion. The Equation between the minorities and Hindus started changing since 2003, when BJP was installed into power in Chattisgarh. The change has intensified now when BJP is also present in Center. 

Bet on Youth’s vote

The youth vote bank in Chattisgarh can be the turning point in the upcoming elections. The major gladiators BJP and United Progressive Alliance are eyeing the vote share of youth in the state. The initiatives started by the CM Baghel, progressively targets the youth and their development. However, BJP accuses the current INC lead state government of unemployment among the youth. The tussle between the major contenders in the state is pivoted for Youth vote. The saffron party has also targeted youth with the identity confrontation within the framework of Hindutva. However, the INC lead coalition government is centered on the agenda of developmental and governance model for the youth rather than targeting and convincing youth on identity based vote bank. The youth from minority section of the population may opt for INC and United Progressive alliance for the power in state but saffron influenced youth and upper castes are likely to put their weight in BJP’s favor.

Conclusion

Chattisgarh elections 2023 will play a major role in determining the BJPs future in center as well. Chattisgarh has been the power bank for BJP since 2003 but shift in 2018 has taken BJP by shock and surprise. However, upcoming elections can also prove to be referendum of policies applied by BJP at national level. INC will also have to investigate its depth in masses as well. The future of alliance mostly depends upon the INC performance in the state elections. The General Elections can also be strategically targeted by INC in form of alliance and coalition seat shares in order to give tough time BJP which is by far thriving among the masses at national level.

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