32

Chapter 3

CREATION OF THE STATE OF JAMMU AND KASHMIR AND ITS POLITICS TILL 1987

Creation of Jammu and Kashmir:

The state of Jammu and Kashmir is about the size of Great Britain and

has an area of 86,023 square miles. It is tucked away into the North of India. To

the north, it has Afghanistan, China and Russia; in the west and south it is flanked

by Pakistan and in the east and southeast by India. According to the 1941 census,

the state had a population of about 4 million belonging to various races and

religions; 77% of the population was Muslims, 20% Hindus and 3% were Sikh.i,

Buddhists and other minorities. Geographically, the state has four natural regions

- areas of Gilgit, Chitral and Baltistan in the north with predominantly Muslim

population; in the centre is the Valley of Kashmir (eye of the storm) which at the

time of partition had a mixed Hindu- Muslim population; to the south lies Jammu

where the majority of the population is Hindus of Dogra community and to the

east falls Ladakh which lies between the valley of Kashmir and Tibet and has

Buddhist population of Tibetan stock1•

The creation of the state of Jammu and Kashmir, as is known today began

in the Nineteenth Century. Maharaja Ranjit Singh the ruler of the Sikh Empire

rewarded Raja Gulab Singh, a Dogra ruler the state of Jammu in 1820. In 1830,

H.S. Gururaja Rao, Legal Aspects of the Kashmiri Problem (India: Asia Publishing House, 1967), p. 9.

33

Raja Gulab Singh conquered Ladakh, a Buddhist state and in 1840 he conquered

Baltistan. Maharaja Ranjit Singh gave Poonch district to Gulab Singh's younger

brother Dhyan Singh, as a Jagir. It later became a state and in 1935-36 it became ·

an integral part of the Kashmir State. 2

The distancing of Gulab Singh from the Anglo - Sikh War of 1846

between the Sikhs and the British got him a reward of Kashmir Valley, which was

under Sikhs from 1819. The British did not wish to get involved in such exposed

territory and under Gulab Singh. Kashmir became a part of the state of Gulab

Singh and became the biggest princely state of British India3.

A line of Dogra rulers followed in the state of Jammu and Kashmir.

Gulab Singh was succeeded by his own son who was succeeded by Pratap Singh

and on 23 September 1920, Maharaja Hari Singh became the ruler of Jammu and

Kashmir and his name became inextricably woven into the history of Kashmir

though not necessarily for right reasons4.

Politics ofthe State from 1947-1987:

India became independent with the coming into force of the India

Independence Act on 15 August 1947. Two nations were created out of British

India - India and Pakistan At the time of independence 562 princely states existed

(some authorities list 565, or even 585) in India, and these states could enter as

suggested in the Cabinet Mission Memorandum into a federal relationship with

Ravi Nanda, Kashmir and Indo-Pak Relations (New Delhi: Lancer Books, 2001 ), pp. 9-16. Ibid., pp. 9-15. Alastair Lamb, Kashmir: A Disputed Legacy 1846-1990 (Karachi: Oxford Univ. Press, 1992), p. 4.

34

either of the dominions of India or Pakistan by executing an Instrument of

Accession. It is pertinent to point out that Sir Shaw Cross, Attorney General of

England while explaining the position of the princely States during the debate on

the Indian Independence Act in the House of Commons on 14 July 194 7 had said

"The government did not intend to recognise the state as a separate international

entities on August 15. They hoped the states would associate themselves with one

or the other of the Dominions on terms fairly and amicably negotiated."5 It

became imperative for the Governor General Lord Mountbatten at this stage to

express what the future of the states would be after independence.

Addressing the Chamber of Princes on 25 July 1947, Lord

Mountbatten asserted:

" The states are theoretically free to link their future with whichever Dominion they may care. But when I say that they are at liberty to link up with either of the Dominions, may I point out that there are certain geographical compulsions which cannot be evaded. Out of something like 565, the vast majorities are irretrievably linked geographically with the Dominion of India... You cannot run away from the Dominion Government which is your neighbour any more than you can run away from the subjects for whose \Vel fare you are responsible ... "6

.

This implied States had to accede to either of the two Dominions. Maharaja Hari

Singh of Jammu and Kashmir was pursued by the Muslim League to join the

Pakistan Dominion. Sheikh Abdullah who had emerged as the leader in the State

had strong affinity to secular principles of the Indian National Congress and his

6 H.S. Gururaja Rao, n. I, p. 23. Address by Lord Mountbatten to a special full meeting of the Chamber of Princes, 25 July, 1950. Time Only to Look Forward: Speeches by Earl Mountbatten of Burma, 1947-48 (London: Nicholas Kaye, 1949), pp. 51-56.

35

friendship with Pt. Nehru made it almost sure that Jammu and Kashmir will sign

the Instrument of Accession in favour of India. Hari Singh independently was

nurturing some dreams of heading an independent state so strategically located in

the world7• Alastair Lamb writes,

"The state of Jammu and Kashmir differed in one more important respect from other Princely states, it was rather better suited geographically to exercise a more than purely hypothetical choice as its future. It had a border with Tibet with the Chinese Province of Sinkiang and with Afghanistan (and it came very close indeed to the Soviet Union only separated from it by narrow Wakha tract of Afghan territory and a small section of Sinkiang in the Taghdumbash Pamir), giving it in theory atleast an outlet to the World, outside the confines of the old British Indian Empire a fact which added greatly to the attractions of the idea of independence after 15 August 194 7". 8

These views coupled with constitutive theory of recognition can be

relied upon in support of the assertion that, Indian States may have aspired for

independence but in general did not have any international status after the lapse of

paramountacy. As suggested by Cabinet Mission Memorandum, States had to

enter into a federal relationship with either India or Pakistan by executing an

Instrument of Accession9. Maharaja Hari Singh did not execute the Instrument of

Accession with either India or Pakistan, but signed a Stand Still Agreement

telegraphically10, with Pakistan by which politically and economically a status

quo could be maintained. India did not sign the Standstill Agreement and wanted

a representative of Jammu and Kashmir to discuss certain details. M.A. Jinnah

9

10

Ravi Nanda, n. 2, pp.7- 25. Alastair Lamb, n. 4, p. 7 Sir Maurice Gwyer and Appadorai. Speeches and Documents on Indian Constitution (Oxford University Press, 1957), vol. II, 1921-1947, pp. 767-770. K. Sarwar Hasan (ed.), Documents on Foreign Relations of Pakistan, The Kashmir Question (Pakistar Institute oflntemational Affairs, Karachi, 1966), pp.43-47.

36

made several requests to Hari Singh to accede to Pakistan. These were rejected or

ignored by Maharaja Hari Singh. In September 1947 Sheikh Abdullah and other

detenus were released from jail in Jammu and Kashmir and this gave a feeling to

Pakistan that Kashmir might accede to India, due to the proximity shared by Pt.

Jawaharlal Nehru with Sheikh Abdullah. As a consequence of this at the

instigation of the Government of Pakistan, the Muslim Conference leadership set

up a so-called Azad Kashmir Government in exile in Rawalpindi on 3 October

194 711• Sheikh Abdullah had not made any intention of acceding to India public.

Hari Singh too had not made any commitment on accession to the Indian

Dominion. In these circumstances, when the sub-continent was reeling under the

chaos and violence of partition, Pakistan commenced its preparation to capture

Kashmir by force using ex-INA servicemen, irregulars and even regular forces of

Pakistan12. On 21 October an attack commenced along the Rawalpindi -

Muzzafarabad - Srinagar road with a view to capture Srinagar.

In view of the offensive, the Maharaja was convinced that his rule

would end if he acceded to Pakistan. He requested for military assistance from

India to safeguard the territorial integrity of the state and its people. Prime

Minister of Jammu and Kashmir, M.C. Mahajan pleaded with V. P. Menon,

Secretary, Ministry of States for Indian help. Pandit Jawaharlal Nehru was

unwilling to provide help in the absence of Instrument of Accession. Maharaja

II Civil and Military Gazette (Lahore), 29 October, 1947. For more details, Jyoti Bhushan Das Gupta Jammu and Kashmir (Hague: Martin us Nijhoff, 1968), pp.23 I -248.

12 Hindustan Times (Delhi), 3.11.1947

37

Hari Singh signed the Instrument of Accession on 26 October 1947 in favour of

India. On the 2ih October 1947 Indian troops landed at Srinagar airport. On the

political front Sheikh Abdullah became the head of the popular government

formed by National Conference. 13 A major chapter of Kashmir history began

with the accession of Jammu and Kashmir to India and this made the political

history of the sub continent very uneasy. Lord Mountbatten the Governor General

of India was able to convince Pandit J.L. Nehru to accept some sort of plebiscite

as a formal commitment to Maharaja Hari Singh as the Instrument of Accession

had been signed under uneasy and compelling circumstances of aggression by

Pakistan. Once the desirability of such an endorsement had been agreed to, Lord

Mountbatten the Governor General of India wrote to Maharaja Hari Singh:

"Consistent with their policy, that in the case of any State where the issue of

accession has been the subject of dispute, the question of accession should be

decided in accordance with the wishes of the people of the State, it is my

Government's wish that as soon as law and order has been restored in Kashmir

and its soil cleared of the invaders, the question of the State's accession should be

settled by a reference to the people 14".

Pt. J .L. Nehru also declared that the fate of Kashmir was ultimately to

be decided by the people of Kashmir. That pledge was given not only to the

people of Kashmir but to world, the Government was prepared to hold a

referendum under the UN auspices after normality had been restored. Meanwhile

13

14 Ravi Nanda, n.2, pp. 58-59. Alastair Lamb, n. 4, p.137; and also see, P.L. Lakhanpal, Essential Documents and Noles on

38

she had to protect the people from invaders, which India would do 15• Jammu and

Kashmir acceded to India with a rider that this issue would be referred to the

people.

Kashmir Issue at UN:

Pakistan with the approval of Mr. Jinnah and Governn1ent of Pakistan

had initiated an attack to wrest Kashmir16 In a letter to the President of the

Security Council dated 1st January, 1948, the India Government brought before

the Security Council under Article-35, Paragraph-I Chapter VI of the Charter, the

aggression of Pakistan against India17• United Nations constituted a United

Nations Commission for India and Pakistan (UNCIP) constituted under the

Security Council's Resolution of 21st April 1948. Several Resolutions were

passed but two which had import were 18:

(a) UNCIP Resolution of 131h August 1948.

(b) UNCIP Resolution of 51h January 1949.

A. 13th August 1948 UNCIP Resolution called for a cease-fire to be

followed immediately by opening up of negotiations for a truce agreement which

would call for withdrawal of tribesmen of Pakistan and Indian Forces. After the

conclusion of the truce agreement both sides could start working out

an·angements for a plebiscite. This was not agreeable to both India and Pakistan.

15

16

17

18

Kashmir Dispute (International Press ,New Delhi, 1965), p.57. Broadcast from New Delhi, 2 November, 1947. Text in Publication DiYision, Government of India, Jawaharlal Nehru's Speeches, vol. I (Delhi, 1949), pp. 156-161. K . Subramanyam, Kashmir- An Attempt at Balkanization of India (New Delhi: Lancers, 1990), p. 122. UN Document, Indian Complaint S/628 dt. 2 January 1948 to U.N. Security Council. Government of India, Ministry of External Affairs, "Kashmir Papers", Reports of the U.N.

39

B. The 5th January, 1949 UNCIP Resolution, after the Kashmir cease-

fire of 1st Jan. 1949, UNCIP referred in considerable details its original plan for a

plebiscite and during this period Jammu and Kashmir would be under the control

of a Plebiscite Administrator but India reacted coolly to this proposal. By 2ih

July 1949 the actual fighting between India and Pakistan had come to a halt by the

Kashmir Agreement of 2i11 July 1949. It was clear at this juncture both countries

experienced respite and did not react to any matters on Kashmir 19• From

December 1949, Security Council devised new method of resolving Kashmir

dispute, mediation directly between India and Pakistan20.

Several efforts in the direction of mediation were led by Gen.

A.G.L.Mc Naughton, Sir. Owen Dixon, Dr. Graham and Gunnar Jarring.

General A.G.L. Me Naughton a Canadian Statesmen in his report21 to

the Security Council was entrusted as the President of the security Council to

negotiate informally with the Indian and Pakistan representative. Following these

talks, he presented to the Council a plan whereby both sides would

simultaneously and progressively demiltarize to the point where the remaining

forces would not cause fear at any point of time to the people on either side of the

cease fire line. The northern sparsely populated areas of Baltistan and Gilgit

would be adminstered by local authorities, subject to UN supervision, and a UN

representative with wide powers would be appointed to carryout the council's

19

10

21

Commission for India and Pakistan, June I 948 to December, I 949 (New Delhi) pp. 15-17. Alastair Lamb, n. 4, p.170. Ibid, p.l76. U.N. Report, S/1453, 6 February, 1950.

40

decision. Pakistan was willing to accept General Me Naughton's plan with some

provisions of minor importance India insisted on complete disbanding and

disarming of the Pakistani forces and occupation of the northern areas by the

Indian Army.22

Sir Owen Dixon in his report23 tried several procedures to resolve the

dispute and his major plan which he presented to both the governments to India

and Pakistan called for a partition of the country and a plebiscite for the valley,

after complete demilitarization, conducted by an administrative body of the UN

officers. This proposal was rejected by both India and Pakistan. With all options

of mediation exhausted. Sir Owen Dixon left the subcontinent on August 23,

Dr. Graham25 was appointed as the third UN mediator in succession to Sir

Owen Dixon. His mediation efforts lasted for about 2 years he transmitted five

reports to the Security Council. Both Governments accepted the general

principles contained in the first four proposals which dealt with; reaffirmation of

their determination not to resort to force with regard to the question of the state of

J & K, agreement to take measures to avoid warlike statements regarding the

question, reaffirmation of their will to observe the cease fire effective from 151

January, 1949 and the Karachi Agreement of 27 July, 1947 (CFL) and

reaffirmation of their acceptance of the principle that the question of the accession

22

24

25

Josef Korbel Danger In Kashmir,(Princeton Univ. Press., Princeton 1954) pp. 168-170. U.N. Report, S/1791, 15 September, 1950. JosefKorbel, n.22, pp. 170-173. UN Report, S/2375, 15 October, 1951; S/2448, 18 December, 1951; S/2611, 22 April, 1951;

41

of the state would be decided through a free and impartial plebiscite under the UN

auspices. Agreement could not be reached on the fifth proposal, which provided

that demilitarization to be carried out as a cotinuous process in ninety days. He

could not convince both India and Pakistan to reach an agreement and

recommended it in a report submitted on 27 March 1953 that direct negotiation

between India and Pakistan be held.

In Feb 1957 Security Council requested the President, Gunnar Jarring26 to

examine with the Govt. of India and Pakistan proposals which could lead to

demilitarization and establish conditions for peace and settlement of dispute. On

29 April 1957 Gunnar Jarring submitted a report that he was unable to report to

the Security Council any report on resolution of the Kashmir problem.

These mediation efforts did not prove effective and it could be said that

UN could play no decisive role to find a final solution to the Kashmir Dispute. It

played an important role in securing a cease-fire line and the demarcation of the

cease-fire line. Its Corp of Observers from 1949 to the beginning of 1965 helped

in ensuring that incidents along the cease-fire line did not escalate into a fresh

outbreak or a full-scale war. From 1949 efforts at neutral mediation too could not

make India and Pakistan collaborate, so there could be no impartial plebiscite and

with the onset of the Cold War the politico-military equation between India and

Pakistan till 1965 retained a status quo. United Nations lost all initiative on the

S/2783, 19 September 1952; S/2967, 27 March 1951 and S/3984, 18 March 1958. 26 UN Report, S/3821, 29 Aprill957.

42

question of Kashmir for it could only propose and not dispose27. Kashmir did

become a part of Indian Dominion but pending as an issue at UN and as a

consequence Kashmir got internationalized right from the time of its accession to

India.

The Kashmir Dispute from this point developed in severity because the

internal and external policies of India and Pakistan were evolving on tangentially

different planes. India was involved in the non-aligned movement and Pakistan

was drifting towards the American strategic sphere. Under these compelling

circumstances coupled with several internal developments in 40 years from 1947

to 198728, the State of Jammu and Kashmir evolved from a state, which had

acceded, to India to a state demanding secession from India. The issue of

Kashmir could not be resolved at the United Nations and several factors

contributed to bringing the State of Jammu and Kashmir to a state of active

secessionism. Causes, which contributed to the evolution of this movement, fall

within the prescribed theoretical parameters as have been discussed in Chapter II

at length. Historical legacy of the State, politics of the state, primordial factors

like ethnicity and religion, ineffective governance all acted as catalytic causes to

trigger the movement of secessionism. In this development there are four

discernible causes, which are evident.

Politics of the State and Centre-State Relations:

27

28 JosefKorbel, n.22 , p. 179 See Appendix I

43

Maharaja Hari Singh of Jammu and Kashmir on 26th Oct. 1947 after

signing the Instrument of Accession set-up an Indian Government with Sheikh

Abdullah at its head. The Indian Government Administration was set up on 30th

Oct. 194729. By Jan 1950, the Indian Constitution was framed and Kashmir was

treated as an integral part of the Indian Union as defined in Article- I of the

Constitution30. Till a plebiscite could be held in the State, Article-370 was

included in the Indian Constitution as 'transitional and provisional'. This

provision limited the power of Parliament to make laws for J&K, India controlled

Defence, Foreign Affairs and Communication. At the time of the formulation and

promulgation of the Indian Constitution India remained firm on its offer of a

plebiscite to the people of Kashmir. During his presentation of the Article 3 70 to

the Constituent Assembly on 17 October 1949 N. Gopalaswamy Ayyangar

clarified the intent behind the sub-heading Temporary Provisions with Respect to

the State Of Jammu and Kashmir:

29

30

31

"We are entangled with the U.N. in regard to J & K and it is not possible to say now when we shall be free from the entanglement. That can only take place when Kashmir problem is satisfactorily settled. Again the Govt of India have committed themselves to the position that an opportunity would be given to the people of the State to decide for themselves whether they will remain with the Republic or wish to go out of it. We are also committed to ascertaining the will of the people by means of a plebiscite provided that peaceful and normal conditions are restored and the impartiality of the plebiscite would be guaranteed. "31

Sisir Gupta, Kashmir: A Study on India- Pakistan Relations (New Delhi: Asia Publishing House, 1966), p. 364. Ibid. p. 365. Lok Sabha Secretariat, Constituent Assembly Debates, vol. X, Official Repot, New Delhi. 6 October, 1949 to 17 October, 1949, pp. 423-429.

44

Sheikh Abdullah who became the Prime Minister of J&K on 1951 and

concluded the 'Delhi Agreement' in 1952, in which besides extension of the

fundamental rights guaranteed by the Indian Constitution to Kashmir and the

coverage of the State by the India Supreme Court, Article-370 was given a

character of permanence. This provoked the right wing parties in Hindu

dominated Jammu to agitate. The Praja Parishad led demonstration in various

towns in Jammu and its leaders organized sabotage in factories and the blowing

up of bridges and government buildings. Police detachments from Indian Punjab

had to be called to assist the local police to restore law and order. Nehru termed

the movement "most pernicious and malignant in its narrow bigoted reactionary

and revivalist approach"32

In May, 1953 ShiekhAbdullah issued an ordinance forbidding, any person

from entering the State of Jammu & Kashmir without a special pem1it. The

President of the Hindu Right Party,Jana Sangh, Dr. S.P. 1v!ookerjee

demonstratively travelled in May to Jammu and was arrested, and in the following

month he died in prison in Srinagar of a heart attack, which added fuel to

heightened passions33 in the State.

Political developments taking place in these circumstances and Shiekh

Abdullah's intentions were subject of suspicion and on August 7 1953 three

members of the Jammu & Kashmir Government led by Bakshi Gulam

Mohammad accused Abdullah of arbitrary decisions and stated that he tried to

32 The Hindu,(Madras) 26 April, 1953.

Salman Khurshid, Beyond Terrorism New Hope for Kashmir (Delhi: UBS 1995). pp .. 9-53. 33

45

precipitate a crisis between India and the State of Jammu and Kashmir and under

these circumstances some foreign powers could intervene and exploit the

situation. The Memorandum informed Shiekh Abdullah on 9th Aug. 1953, in

conclusion that the Cabinet had lost the confidence of the people.34 Bakshi

Ghulam Mohammed, Shiekh Abdullah's political aide succeeded Sheikh

Abdullah as Prime Minister of the state and on 9 August 1953 Sheikh Abdullah

was jailed where he remained till 1964.35 With coming into powers of Bakshi

Ghulam Mohammed in power, the State of Jammu & Kashmir drifted steadily

into the Indian orbit. In February 1956, the Kashmir Constituent Assembly. while

adhering in principle to the special position of the State, confirmed the legality of

its accession to India. By October 1956, the Constituent Assembly had decided

upon a Constitution for the State, which came formally into operation on 26th Jan.

1957. It was modelled on the Indian Constitution and provided for jurisdiction in

the State for the Indian Supreme Court and the India Comptroller and Auditor

General. It declared that ·the State of Jammu and Kashmir is and shall be an

integral part of the Union of India. ' 36

All these developments were seemingly bringing the state of J&K

closer to the Indian Union but in 1963, an incident related to the historic a relic

reputed to be a strand of hair of Prophet Mohammed and kept in a Mosque at

Hazratbal disappeared. There was an upsurge in the Valley which led to

34

35

36

Times of India, l 0 August, 1953. n. 32,pp.9-53.

Alastair Lamb, n. 4, pp. 202-203.

46

considerable commotion in the state. G.M. Sadiq replaced Bakshi Gulam

Mohammad as Prime Minister of the State. Close on the heels of this event

Sheikh Abdullah was released on gth April, 1964 and he stood tall as the leader of

the Kashmiri people. Both Pt J.L. Nehru and President Ayub Khan invited him for

talks. Nehru, however, died on 271h May 1964 and so did the talks37 and after this

Shiekh Abdullah had moved about over the world but he was arrested in India.38

Pt. Nehru's successor Lal Bahadur Shastri, seeing that BakshiGhulam

Mohammad had been the man to integrate Kashmir into India, brought him back,

he changed the titles of the leaders of J&K from Sadr-e-Riyasat and Prime

Minister to Governor and Chief Minister, respectively. Members of Parliament

from Kashmir were now directly elected by the people rather than by the Kashmir

Legislature Assembly. India extended Article 356-357 of the Constitution to

Kashmir; now Delhi could declare 'President's Rule' in Kashmir and administer it

directly should the need arise.39

Pakistan had been observing the internal developments in Kashmir and

its expectation was that the rearrest and internment of Shiekh Abdullah after his

political roving in several countries would have created a fertile soil in fomenting

mass internal uprising in Kashmir.40 Indo-Pak war broke out in 1965 although

this war was not initiated for Kashmir, the Kashmir front was opened in the

second phase of the Indo-Pakistan war which concluded with a Tashkent

37

38

39

40

Salman Khurshid, n. 32, p. 56. A.S.R. Chari , Kashmir Problem (New Delhi, 1967), p. 1. Salman Khurshid, n.32, p.54. A.S.R. Chari, n.37, p.l.

47

Agreement of 196641 and then came 1971 war with Pakistan which again had

nothing to do with Kashmir but with the breakaway of East Pakistan. This led to

the signing of the Simla Pact in 1972 stipulating that the two countries resolve

their differences by peaceful means and through bilateral negotiations. 42 Simla

Agreement added a very crucial dimension to the definition of Indo Pak relations

of which the centrality was to be 'bi-lateralism'. At the domestic front Sheikh

Abdullah was released in 1971 and rehabilitated in 197 5 after an Accord was

signed between him and Mrs. Gandhi on 24th Feb.,1975. The key provision ofthe

Accord was this:

"The State of J&K which is a Constituent Unit of the Union of India shall in its relations with the Union, continue to be governed by Article-370 of the Constitution of India., however while residuary powers of legislations would remain with the State, the Union Parliament will continue to have power to make laws relating to the presentation of activities directed towards disclaiming, questioning or disrupting the sovereignty and territorial integrity of India or secession of the territory from the Union. ,.n

In other words, any act on the part of J&K Legislature Assembly which

could possibly be construed to imply a progression of the State towards

independence, let alone Union with Pakistan could be overruled by the Union

Parliament, a qualification which took away a great deal of remaining strength

from Article 370 44 Sheikh Abdullah became Chief Minister of the State and he

declared his son, Dr. Farooq Abdullah to be his successor.

41

42

43

44

Jyoti Shushan Das Gupta, n.ll, pp. 370-371. Salman Khurshid, n.32, Appendix 3, pp. 148-151 Jagmohan, My Frozen Turbulence in Kashmir (New Delhi: Allied Publishers,l992), p.l42. Alistair Lamb, n.4., p. 307.

48

Dr. Farooq Abdullah's party, The National Conference won the Assembly

elections in 1983 and he organized a conclave of leaders belonging to the

opposition parties from the States all over India. This initiative led to a fall out

with the Centre and consequently manipulated defections from this party led to

his fall from power. Instead of channelising this resentment and politically

reorienting his party, Dr.Abdullah joined hands with Rajiv Gandhi and they

together contested and won the1987 election with the major opposition parties

under the banner ofMUF (Muslim United Front) 45.

1987 became a watershed year in the history of Kashmir. SeYeral of the

protagonists who later showed up as militants cut their teeth in these elections.

Manoj Joshi writes:

"In politics as indeed in life, what matter often are perceptions rather than the truth. Most of the young people who had participated in election politics for the first time had gone in as most candidates do convinced of their victory. The outcome was naturally disappointing and they took up the charge of rigging. "46

A full-scale movement of dissidence was launched which e\·olved to an

insurgency on ground and became a full-scale secessionist movement. An Indian

correspondent discovered after the eruption of insurgency in 1990 that nearly all

young men on the wanted list today were guarding ballot boxes for Muslim

United Front as campaign volunteers in 1987 elections:47 Transient political

manipulations of the Centre in Jammu and Kashmir, erosion of Article 370, which

45

46

47

Salman Khurshid, n.32, p.56. Manoj Joshi, The Lost Rebellion Kashmir in the Nineties (New Delhi: Penguin Books, 1999), pp. 15-16. India Today (New Delhi), 31 Jan. 1990, pp. 35-36.

49

gave a special identity to the state in the Indian federal structure and Sheikh

Abdullah's signing an accord in 1975 with the Central government were

perceived as major letdown in the political history of Kashmir. Sumantra Bose

writes:

"Farooq Abdullah's second term till Jan 1990 ,when his Govt. was dismissed following the eruption of the mass uprising was an unmitigated and unsurpassed disaster. His behavior during his first term has been compared to a little boy with a toy and second was a virtual abdication of governance. The promise of development proved to be a cruel joke and corruption among politicians reached levels extraordinary by Kashmiri standards ... while the CM kept himself amused"48

.

MUF leaders were arrested after the 1987 election and m 1989

parliamentary elections too were held, and the turnout was less than 5%

49Kashmir Times in its editorial pleaded for not tarnishing the image of Indian

Democrac/0 but the Indian state was not in a listening mood.

Islamic Politics:

Orthodox Islam in Kashmir is identified with Jamaat-e-Islami. Manoj

Joshi51 traces the seeds of orthodox Islamic politics in Kashmir to 1942, with the

founding of the Kashmir branch of the Jamaat-e-Islami, a year after the

organisation had been founded by Abul al Maudoodi. The origins of the

organisation go back to the reform efforts of the Islamic Ulema or teachers,

spanning more than a century.

48

49

50

51

Sumatro Bose, The Challenge in Kashmir- Democracy Self Determination and Just Peace (New Delhi, Sage Publications 1997)p.46 Ibid., p.48 Kashmir Times, 30 Nov. 1989. Manoj Joshi n46, pp. 9-11, for an incisive reading on the concept of rise of Islamic fundamentalism, refer A.G. Noorani, Islam and Jihad (New Delhi, Leftward, Apri12002)

50

While the mainstream banded under the Jamiat-ul-Ulema Hind

(organisation of Islamic teachers of India) which formed part of the freedom

movement. Maudoodi erstwhile editor of the Jamait Journal-A! Jamaat, opposed

both the nationalists and pro-Pakistan movement. Jamait-ul-Ulema Hind's

ideology was founded in the ideas of the professors of South Asia most important

Islamic seminary, the Dar-ul-Uloom at Deoband at Saharanpur District of Uttar

Pradesh . Just before World War-1, conservative Deobandis, led by Maulana

Mehmood-ui-Hasan and his disciple and colleague Maulana Hussain Ahmad

Uadmi declared India to be - Dar-ul-Harb (Land where Jihad needs to be

undertaken) calling the faithful to undertake a jihad against the British. Both had

been influenced by the national movement and advocated a united India where all

communities could live in peace. In 1945, a splinter group Jamait-ul-Ulema Islam

split and preached the cause of partition in 194 7, confronted with partition, the

Deoband theologians issued an edict, declaring that notwithstanding the creation

of Pakistan India was a place where Muslims could live in peace - declaring it as

Dar-ul-Sulah (Land where Muslims could live in amity with others). Maudoodi

was not willing to accept this. He advocated the idea of Nizam-e-Mustafa (A

world order based on Islamic tenets), a system ruled the way he thought Prophet

Mohammad would have wanted mainly through the rigorous application of the

tenets of Koran. An opponent of national divisions, he envisioned an entire world

living in accordance with the Shariat and Sunnan. So, in his view, India had to be

Dar-ul-Harb where Islam had to prevail through-jihad.

51

With partition, the Jamaat split, Maudoodi migrated to Lahore and the

Indian branch came under the influence of nationalist Deobandis. It accepted and

lauded the secular ideals as means of preserving minority culture. It emphasised

on education and social uplift of the community. Though the Nizam-e-Mustafa

remained its ideal the means to achieve it was not 'jihad' but by dawat

(invitation) or preaching and persuasion.

Pakistan branch headed by Maudoodi on the other hand became active

in what can be called Islamic politics beginning in the 1950s, with the instigation

of riots against the Ahmadiya community. It played an important role in the

campaign against Bhutto and then supporting the military regime of Zia-ul-Haq.

In Jammu and Kashmir the seeds of Islamic politics of the J amaat kind

was established by setting up a Jamaat Brach at Shupian by Maulvi Ghulam

Ahmed Khan and Syed Shahabuddin and others. From the outset, it aligned itself

with Maudoodi's idea of leading a Nizam-e-Mustafa in Kashmir. For nearly 40

years, the Jamaat in J&K had steadily built up its strength through a host of social

and cultural activities such as running schools or institutions for religious

instruction. In the 1970s, Arab money began to come into the State to back these

activities which rivalled if not exceeded the efforts of the State in the education

sector. One time, it built up strong pockets of influence across the State

especially in downtown Srinagar and apple growing area of Sopore. Since the

mid 1970s its dominant political leader has been Syed Ali Shah Geelani \vho has

made no bones about his support for the merger of the State with the Pakistan. He

52

participated in State Assembly elections and was serving as a member of J&K

Assembly in 1972, 1977 and 1987. The outfit and its youth wing Jamaat-e Tulba,

which was set up by Sheikh Tajamul Islam and Dr. Ayub Thakur in Sept., 1977,

denounce any aspect of secularism and make it clear that they are against India

· and are for accession with Pakistan and any moderate stand on Kashmir of any

kind, or negotiations are not acceptable. 52

The Jamaat has not been as popular in the Valley as it has hoped to be.

The reason for this is that Islam came to the valley through the influence of the

Sufis whose tradition is disdained by Islamic pursuits of the Jamaat. In 1979,

when Bhutto was hanged by Zia-ul-Haq's military regime there were riots in the

valley focusing anger on the Jamaatis because of the support that Pakistan's

Jamaat-e-Islami gave Gen. ZiaBalraj Puri explains:

52

53

"Islam in Sufi form came to Kashmir not as a destroyer of tradition but as its preserver, consolidator and perpetuator. The main conversion of the people of Kashmir to Islam owes to Alamdar I Kashmir, Sheikh Noomdin Noorani popularly known as Nund Rishi(14 century)who became the patron saint of Kashmir. He translated Islam into Kashmirs spiritual and cultural idiom... Farooq Nazqi calls him a Muslim Shaivite. Shiekh Noorudin's poetry is a mixture of Shaivism and Sufism ... The fact that Islam is rooted in Kashmiri tradition and that tradition is permeated within Islamic spirit has enabled Kashmiris to reconcile cosmopolitan affiliation with traditional nationalism ... The Kashmiri Muslim has remained a Kashmiri as well as a Muslim ... Kashmiri Muslim does react like any other member of a Muslim community when their religious interests are endangered. But they are unlikely to submerge their Kashmiri identity in the name of Islam. "53

Robert G. Wirsing, India Pakistan and the Kashmir Dispute on Regional Conflict and its Resolution (London: Macmillan, 1994), p. 180 Balraj Puri Kashmiriyat: The Vitality ofKashmiri Identity, Contemporary South Asia Vol4, I March 1995

53

It was this liberal foundation which the orthodox Islamic elements in Kashmir

had to encounter and could not make very effective inroads. Apart from this there

were other prevailing political circumstances which limited the role of Jamaat e

Islami till late 80s in Kashmir. Jamaat e Islami was not able to carve out an

influential political position for itself till1980s was basically due to the political

power and stature of Sheikh Abdullah who controlled most of the mosques. His

headquarters, was Hazaratbal Shrine at Srinagar Sheikh stated that he controlled

the Mullahs by becoming one himself54 " This interplay of religious and secular

practices is not unique to Kashmir. Islam has played a major role in nationalist

movement that protested against European Rule in North Africa as in Algeria and

Tunisia. The link between religious and secular nationalism is tenuous. India's

Gandhian stream of anti colonial secular nationalism was suffused with Hindu

religious symbols, idioms and terminology. On this apparent rise of Islam in the

1980s, and mosques becoming focal points, Sumantro Bose states, it was due to

absence of any alternatiYe channels of collective action and protest. With no

legislative body enjoying popular sanction, no executive with democratic

accountability, no judiciary with autonomy and credibility, no functioning parties

except underground ones for the outlawed ones the only forum left for expression

of popular anger was the local mosque. The neighborhood mosque has also

provided the militant groups a readymade community centre from which to

organize, agitate and mobilize.55 Islamic identity gave secessionist groups an

54

55 M. J Akbar, india The Siege Within (Hammondsworth, Penguin, 1996). Sumantra Bose, n.48, p.88.

54

identity based on a point of affinity of religion and this became a major cause of

development of secessionism. With Shiekh Abdullah in and out of jail Jamaat-e-

Islami played a crucial role in heralding the orthodox movement of Islam. From

the 90s in the role played by Jamaatis in Kashmir paid rich dividends for the

secessionist movement.

Youth Politics and International Developments:

Till the 1980's the politics of the State of Jammu and Kashmir was

dictated by Shiekh Abdullah, Nehrus and Gandhis, the people of Kashmir as such

had no role in it. The towering presence of Shiekh Abdullah guided the youth of

Kashmir and provided orientation to its politics. Manoj Joshi56 states this youth

was the main group who provided the canon fodder for mass demonstration and

public protest, but they strictly the hoi polloi. They were mainly young students,

youth without jobs or under employed youth, mainly city bred and educated. It

was this group that gave support to Shiekh Abdullah's mass base in the 1930' sand

1940's and the National Conference's People Militia in October 194 7. In the

1950's and 1960's they were a part of the Abdullah inspired Plebscite Front led

by Mirza Afzal Beg and led the demonstrations in the crisis over the lost

Hazaratbal relic in i 963. At the Hazartbal Mosque supposedly a strand of hair

from the beard of Prophet Mohammad 57 was stolen. This led to massive agitation

in Srinagar. It aroused tremendous Islamic fervour, indicating to Pakistan that

secularism had not sunk into the India psyche and this led to establishment of

56

57 Manoj Joshi, n. 46, pp.ll-13. Victoria Schoffield, Kashmir In Cross Fire (London: IB Taurus Publication, 1996), p.J97.

55

several youth groups in Kashmir. Prominent among them was Students and Youth

League led by Abdul Rashid Kabli and Young Men's League affiliated to the

Plebiscite Front. However in 1975 when the Indira- Shiekh Accord was signed

and the Plebiscite Front disbanded some members felt betrayed by signing of this

Accord, they read political compromise in it and a betrayal of their aspirations of

Kashmiri people. Some dissidents were accommodated in Govt. jobs but the more

militant found this a compromise to which they could not reconcile. 58 One such

person was Shabbir Shah of Peoples League who was opposed to the Accord.

The Indira - Sheikh Accord made several youth of Srinagar look across the

Line of Control to Pakistan. Radicalistion of Islam and Jihad against Soviet Union

being led by Pakistan in Afghanisatan also made the youth look upto Pakistan.

This disgruntled youth became fertile ground on which several other factors

worked towards precipitating the movement of secession. According to Zafar

Meraj a Kashmir based journalist who states secessionist/militant strain in the

politics of Kashmir existed in the youth of Kashmir in the pre Accord period too.

He states "one of the first instances of militancy exhibited by the youth in the

State was in 1968 when a group of students from Gandhi Memorial College in

Srinagar tried to steal rifles from NCC armoury at Islamia College in Srinagar.

This group and the Alfateh that came up in the late 1960's were linked to the

Plebiscite Front"59. Looking at the Kashmir problem holistically the rise of

58

59 Manoj Joshi, n.45, p.l4.

Meraj Zafar, "Rise of Militancy in Kashmir- A Perspective", Kashmir Times (Srinagar). 24 Sept.. 1989.

56

secessionist activity and dissatisfaction in the youth of Kashmir can be attributed

to several socio-economic compulsions too .. Analysis on this line of thought by

Gauri Bazaz Malik:

"The Muslim comprised 65 percent of the population in Indian administered J & K (and Hindus 32 percent) Hindus mostly from outside the state made up 84 percent of the high level officer, 79 percent of the clerical employees and 73 percent lower level employees in the centrally operated services. A miniscule 1.5 percent of the high ranking officers in the centrally owned banks in the state were Kashmiri Muslims. Only 25 percent of I.A.S. officials posted in the state on 1989 were natives of the state and of 22 secretaries, the highest rank a mere five were Kashmiri Muslims. The problem of inequitable representation extended to the provincial level administrative organs and economic enterprises. Here Hindus comprised 51 % of the senior administrators and 4 7 percent of top officers in economic enterprises, the tiny Pandit minority being disproportionately over represented. Meanwhile in 1987, the number of educated unemployed youth in the state was officially estimated to be 1 ,00,000"60

•

Disgruntled unemployed youth caught in adhoc power politics of the State and

Centre and adhoc manipulations by Accords, witnessed surrender by massive

forces of Soviet Union in Afghanisatan from 15111 February 1989 with enthusiasm.

Events in Soviet Union deeply influenced the youth and Jamaat elslami, which

was associated with fundamentalist movement in the State and worked closely

with youth to create an ongoing fundamentalist/secessionist movement.61

Universal ideas of self-dignity, freedom and identity had become potent and

relevant expressions. Internationally over the last two decades some 800 million

60

61

Gauri Bazaz Malik, "Deomocracy and Kashmir Problem", in Asgar Ali Engineer (ed.), Secular Crown on Fire. The Kashmir Problem (Delhi: Ajanta Publishers, 1991 ), p. 79. Alastair Lamb, n.4, p.333.

57

people in the third world have moved from living under authoritarianism to living

under quasi-democratic regimes. This is where Kashrniris drew their inspiration

from and sought the right to exercise self-determination. 62

All these developments were keenly observed by Pakistan after 1987, this

was the time when Muslim United Front lost in the 1987 election and the young

aspirants got demoralized and sought support from Pakistan. Pakistan had also

realized under the existing political environment world over, accession to

Pakistan of Kashmir would be acceptable only if it was clearly demonstrated that

the Indian role in the State had been loosened by a national liberation struggle,

and accession had come about through an act of a revolutionary national

movement. It was these developments that Pakistan observed and managed to

exploit the youth of Kashmir. Ved Marwah sums up the growth of secessionist

tendency in the youth of Kashmir in a very incisive manner. He explains:

"Kashmiri Youth Organizations gained momentum in Kashmir after the death of Sheikh Abdullah. Most of the militants are the desperate election candidates of 1987 elections. The alliance of National Conference and Congress rigged the 1987 polls At best the Muslim United Front at the admission of its senior leaders could have got 15 seats which would not come in the way of forming a coalition govt. Most of the cand!dates were defeated and arrested under Public Safety Act and sent to different jails and subjected to torture also. It was this policy of the govt. that led to the sentiment of alienation of youth and rise of militancy and secession. Youth who had joined mainstream felt cheated due to rigging and later due to indiscriminate arrests. "63 ~

In a private conversation with Dr Abdul Majid Bandey the official spokesperson

of The All Parties Hurriyat Conference in Delhi stated that India engineered

62

63 Oxford Companion to Politics,ed J. Krieger 1999 p.l59. Ved Marwah, Uncivil Wars Pathology of Terrorism in India (India: Harper Collins, 1997), p. 55.

58

circumstances which Pakistan could exploit and use to foment secessionism. Mir

Quasim a veteran politician of Kashmir reiterates the same feeling "If I dump

petrol in my house and my opponents sets a match to it is largely my ·fault" 64

Pakistan has been watching developments taking place in Kashmir and if they

were turning to be conducive for it to increase their presence they did so. Sisir K

Gupta65 quoting Keith Callard

"In a large measure Pakistani feelings towards India has been a struggle before Partition. The idea that a country has a foreign enemy is easy for the mass of the people to understand and it also provides a powerful stimulus to the unity for Pakistan India has filled this role."

A sentiment, which Pakistan had nurtured for long, was slowly being

realised. So Kashmir in particular has given Pakistan a rallying point, and the

socio-political 66developments in the State made it easy for Pakistan to increase its

presence in the State. Manoj Joshi writes67 Pakistani planners realized that given

Kashmir's singular character, they realized this after 1965, that it would be better

to use the indigenous groups and people rather than exclusively and obviously

pro-Pakistani elements like the Jamaat-e-Islami. And in this endeavour they

substantially succeeded and built up several secessionist/militant outfits largely

from the alienated youth.

64

65

66

67

Syed Mir Quasim, My Life And Times (Delhi: Allied Publishers, 1995), pp.302-03. "Islam as a Factor in Pakistani Foreign Relations", India Quarterly. vol. XVIII, no .. 3, July -Sept 1962, p.I 10. See Appendix I

Manoj Joshi,n 46,p.l8

59

Secessionist Groups of Jammu and Kashmir and Major Secessionist Leaders:

More than 150 secessionist/militant groups mushroomed in Kashmir after

1987 and so did several secessionist leaders come into the limelight. 68

Oraganisationally speaking these secessionist groups are highly fragmented and

the most fundamental division within it is between the Pro-Pakistan elements

(those favouring accession of the State to Pakistan) and the pro Azadi elements

(Kashmiris for complete independence from both India and Pakistan.).69 Ex

Governor Jagmohan has listed in his book 44 militant/secessionist outfits which

he says were active in the state at the time he took over as Governor in January,

1990 but by mid 90's numerous secessionist groups evolved.70 Sati Sahni a

Bombay based journalist has done some pioneering role in listing out

secessionist/militant outfits existing and defunct in the State, so has Navnita

Chadha Behera listed one hundred such groups in her book. A website

www.jammukashmir.net. operated by Alexander Evans, a Kashmirologist based

in London lists out numerous such secessionist outfits.

Secessionist Groups:

Hizbul Mujahideen:

Master Ahsan Dar of Pattan went across to Pakistan Occupied Kashmir

(POK) for training in 1988. He came back to establish a 'hard hitting· fighting

68

69

70

Details of several secessionist groups in Sati Sahni's book Kashmir Underground and Navnita Chadha Behera's book State, Identity and Violence: Jammu Kashmir and Ladakh (New Delhi: Manohar, 2000) and www.Jammu Kashmir.net. Robet G. Wirsing, n.51, p. 13.

Jagmohan, n.43, pp.703-704.

60

organisation to spearhead the freedom struggle in1990. Syed Salahuddin, was

made its Supreme Commander in 1992, he made HUM a member of the popular

international organisation under the leadership of Sudan's Dr. Hassan al Turabi.

This made HUM eligible for direction guidance, training, expertise, funds and

arms from Sudan.

Islamic Students League:

In 1985, this body of students was formed in Srinagar who were to be

key players in underground movement in Kashmir. HAJY group included Hamid

Sheikh, Ashfaq Majid, Javed Ahmed, and Yasin Malik. (ISL) Islamic Students

League rejects accession of Kashmir to India and rejects un-Islamic and man

made concepts of socialism and secularism.

Muslim Janbaz Force (Al Jehad) Armed wing of Jammu and Kashmir

People's League; established in 1990. Al Jehad rejected outright the solution of

Kashmir issue through of tripartite talks and wants implementation of lJN

resolutions on Kashmir.

Muslim Mujahideen:

Founder of HUM master Ahsan Dar was expelled from the

organisation; and he formed a new group by this name in1993. It stated that

Kashmiri youth should not join the state police or para- military forces - the

political wing of this party joined the election of 1996 did not fare well were

disappointed and took to guns again.

Al Umar Mujahideen:

61

Set up in Srinagar in 1985 led by Mushtaq Ahmad Zargar alias Latrum in

Srinagar It favours Kashmir's accession to Pakistan but after only taking the

opinion of people into consideration.

Allah Tiger:

Formed in Srinagar in 1989. Noor Khan was its Chief and its main object

was to Islamize the society. In March 1993 the outfit reiterated its Islamic

objective and stated its objective was to establish an Islamic Caliphate.

Hizbullah : (Army of God)

Formed in Kashmir in 1988. This group had disrupted the India- West

Indies cricket Match in October 1983 at Amar Singh Club Stadium at Srinagar.

Cadres of Hizbullah came from Peoples League and Islamic Students League and

its first known chief was Mustaq- ul- Islam.

Kashmir Liberation Tiger:

This group appeared in 1990. Started by a group of young boys trained in

Pakistan. They considered launching a Holy War in the valley.

Al Fateh:

An under ground group led by Ghulam Rasool Zargar which came into

being in 1970. Divided into two factions over Indira Sheikh Accord of197 5. This

Party revived in 1991 to fight for the right of self-determination of Kashmiris.

62

Jammat Ul Mujahideen:

This is the youth wing of Hizb ul Mujahideen. This was headed by Nasir

ul Islam in 1991 and is a feeder unit for Hizb ul Mujahideen.

Mahaz e Azaadi:

This evolved from the disbanded Plebiscite Front of Sheikh Abdullah. Sofi

Mohd Akbar who protested against Kashmir having any links with India and

considered armed solution as the only solution, headed this outfit.

Tehrek i J ehad:

Mushroomed in in 1993 and operated in the Kupwara District.

Dukhtaran I Millat: (Daughters ofthe Nation)

Founded in 1981 as an organization for social upliftment of women and to

secure their rights. Asiya Andrabi heads this group. From social issues DIM

drifted towards politics and declared that they believed in Pan Islamism and

Kashmir's merger with Pakistan.

Moslem Khwateen e Markaz: (Muslim Women Centre)

This group came into being in 1990. It is anti -India and participates in

demonstrations against India and protest marches.

Moslem Conference:

The oldest political organization in the state it started its activities in 1931.

It had the religious patronage of Mirwaiz of Kashmir Moulvi Mohd Yusuf Shah,

but the political control for the first 7 years was in the hands of Sheikh Abdullah.

63

It in its initial years it represented Muslim interests, but in 1938 converted itself

into a nationalist body, the National Conference and threw its doors open to Non

Muslims. A faction under Chaudhury Ghulam Abbas decided to continue it as

Moslem Conference. After 1947 National Conference came to power in Kashmir

under Sheikh Abdullah and Ghulam Abbas crossed over to Pakistan in 1949. In

1986 a Govt. school teacher was dismissed from service. He was picked up

Moslem Conference and stated that neither Jamait e Islami nor National

Conference have played an encouraging role in state politics and this role can be

filled by Moslem Conference.

Moslem Conference does not recognize the accession to India as valid. It

stands for self-determination, freedom of press, for Nizam I Mustafa and desires

all secessionist elements to join hands. Moslem Conference wants both sides of

Kashmir to be handed over to UN for 5 years, for creating an atmosphere in which

elections can be held and a representative leadership can come forward with the

mandate to enter into a dialogue with India and Pakistan about the political future

of the State.

JK Peoples League:

In 1974 a group youngmen were banded together by Mohd. Farooq

Rehmani and Peoples League was formed. League was joined in the mid

seventies by Shabbir Ahmad Shah who rose to become its chief .J&K Peoples

League stood for freedom and Islamization. Shabbir Shah wanted peace and

normalcy in the State to return to normalcy through dialogue. Shabbir Shah could

64

not make much headway with his political agenda and became a part of APHC in

1993. He in 1996 met diplomats in Delhi against the wishes of APHC so became

a person non -grata with APHC. Shabbir Shah split with J&K peoples League to

float a new organisation called JK Democratic Freedom Party.

JK People's Conference:

An overground organization with pronounced secessionist aims. Set up in

1981 by Abdul Ghani Lone (former Congress Minister) Dissatisfied with

Congress, National Conference, and Janata Party, Abdul Ghani Lone floated his

own organization Peoples Conference. It stood for self-determination and

political solution for the Kashmiri problem. It became a part of APHC in 1993

This party was derecognized in 1997 under J &K Conduct of Election Rules 1965.

JK Peoples Political Front:

Established in Srinagar on 28 Aug 1998 by veteran political activist Fazl

Haq Quereshi of People's League, he was named its Chairman. It considered J&K

disputed territory and stated three parties existed to this dispute which were India,

Pakistan and J&K. All these parties had to sit together to find an amicable

solution.

Jammu And Kashmir Democratic Freedom Party:

Syed Shabbir Shah after splitting with Peoples League and after being

dismissed from APHC floated his own party in 1998 Jammu and Kashmir

Democratic Freedom Party (JKDFP) He talked of peace for Valley, elections

under supervision of international agency and no political dialogue without

65

participation of Kashmiris. Shabbir Shah felt gun can be a part of the struggle not

the end of it. The formation of the new Party was a major political development

because it indicated that the emphasis was shifting from gun to dialogue. It got

scathing comments from other secessionist groups who termed it an evil design.

Jamaat e Islami:

Fundamentalist and most disciplined organization in Kashmir founded in

1938. It does not accept the idea of socialism or nation states. It is committed to

the concept of Ummah and Pan Islamism and has no respect for national

boundaries. It does not accept Kashmir's accession to India its objective is merger

with Pakistan. It demands holding a plebiscite as per UN Resolutions Jamaat e

Islami got considerable patronage during Bakshi Ghulam Mohammad's time and

they got govt. jobs and teaching jobs in govt. schools. Madrasas were activated

by JEI to gain adherents and sympathisers. Jammat has rural following and it was

during Syed Mir Quasim' s tenure in 1971 that they were inducted into Congress

to strengthen his own position. Sheikh considered Jamaat to be an enemy of

Kashmiriyat. Jammat leaders could not capture many votes in the election. In

1977 elections JEI fielded19 candidates but only one won. Islami Jammt i Tulba

is their student's wing. Jamaat gets funds from Saudi Arabia to run Madrasas its

leader is Syed Ali Shah Geelani. JEI allowed Hizbul Mujahideen to be formed in

1990 as it did not feel at ease with JKLF.71

71 www. satp .. org/satporgtp/countries www /india/ states/jandk/terrorist­outfits/jammu and kashmir-liberation-front.htm

66

Jammu ad Kashmir Liberation Front:

Till 1986 JKLF had had no organizational set up in Kashmir Valley.

Islamic Students League members especially Shakeel Ahmad Bakshi, Javed

Ahmad Mir, Mohd Yasin Malik, Ashfaq Majid Waniand Abdul Hamid Sheikh.

After the 1987 elections when most of the MUF candidates lost the elections

joined the exiting JKLF in POK headed by Amanullah Khan and aided by

Pakistans interservices intelligence. Quite a few joined it and started the nucleus

of JKLF in the Valley and started armed insurgency in the valley. In 1988 these

activists went to Pakistan for indoctrination and training and meeting leaders on

the other side of Kashmir. They got the attention of Pakistan President Gen Zia ul

Haq. JKLF has demanded conducting a plebiscite in JK but has never concealed

its preference for an independent sovereign state. This stand got JKLF in conflict

with Pakistan. JKLF also held Gilgit and Baltistan to be a part of Kashmir a stand

not appreciated by Pakistan. Benazir Bhutto and her advisers decided that JKLF

alone would not serve the purpose in Kashmir because it claimed to be secular

and independent. Pakistan's lSI reduced support to JKLF and at the same time

floated a number of new outfits more Islamic more strident and more dependent.

By 1989 JKLF was able create an environment of terror in the valley, they

kidnapped Union Home Minster Mufti Mohammad Sayeed's daughter Dr. Rubiya

Sayeed and traded her release for four dreaded militants. In May 1989, JKLF set

11 Hit Squads to carry out assigned tasks.

67

I. Al-Jihad Javed Mir

ii. Hamza Squad Abdul Gaffar

Ill. AI Fatah Squad Javed Ahmed

IV. AI Maqbool Squad Javed Ahmed

V. Victory Commandoes Ghulam Hassan

VI. Shaheed Zia Tigers . Mohammed Ishraf

VII. Sadai Janbaaz Commando Force- Abdul Hamid

Vlll. Musalineen Commandos Rasul Agdam

IX. Azad J anbaaz Commandos Ghulam Hassan

X. Pak Commando Force Rauflslam

By 1995 JKLF Chapter of Kashmir headed by Yasin Malik had a change in its

orientation. JKLF faction headed by Yasin Malik in a statement on Aug 8, 1995

asked all outfits to "show restraint and accept healthy criticism or it would

decrease communalization of the movement." Yasin Malik faction concentrated

on the political aspect of the movement. It was content with supporting the All

Parties Hurriyat Conference. The gun-toting cadres of JKLF shifted their loyalist

to Siddiqui group 72.

JKLF on the PoK side and the J&K side too were developing

ideological differences around this time. This led to a vertical split. At London,

the President and the General Secretary of the UK Wing of the JKLF Mohd.

72 Sati Sahani, Kashmir Underground (New Dehi: Har Anand Publishers, 1996), pp. 50-51.

68

Younus and Shabir Chaudhury denounced Amanullah Khan, and accepted Y as in

Malik as the head of the party. In a statement in London they stated Mr.

Amanullah Khan has been indulging in opportunist, undemocratic and dictatorial

style of functioning. He has been making financial gains in the name of Kashmir

and compromising the position of JKLF at the behest of his masters. This

statement supported the decision of the Party Central Committee to appoint Y as in

Malik as the Chairman. In retaliation the Amanullah faction appointed Shabir

Siddqui as President.

lSI weaned away people from JKLF using money and arms as baits and

floated more pro PAK militant outfits like HUM Moreover the formation of Pan

Islamic outfits like Harkat uk Ansar Lashkar e Toiba and numerous such outfits

contributed to the marginalization of JKLF. Internal factors contributed to the

decline of JKLF as a militant outfit.Yasin Malik walked out of JKLF in1995 His

successor Shabir Siddiqui and 37 remaining members of Amanullah Khan faction

were killed in two incidents in Hazaratbal in March 1996, 11 had been killed on

24 March and other 26 including Shabir Siddiquion 29 March. After this the

JKLF failed to resurrect itself as a terrorist outfit. Its presence is restricted to the

participation ofYasin Malik's faction in APHC.

Apart from these groups there have been close to 1 00 secessionist

players 73 who faded for lack of funds or could not muster enough local support for

the cause they propagated.

73 Appendix II

69

Secessionist Actors:

The Main Protagonists:

Syed Shabbir Ahmad Shah 74

Born in 1954 at Anantnag District in a middle class business family. He

joined the People's League in 1974. He was opposed to the Indira- Sheikh

Accord and spent several years in jail. Released from jail in 1994 he came back to

Srinagar to a very warm welcome. He has spent 20 years in jail and is called the

"Nelson Mandela" of Kashmir . A moderate in his political views and wanted all

Hurriyat Parties to amalgamate and constitute one forum. The single objecti\'e of

this forum he suggested was to seek the right of self determination for the people

of Jammu and Kashmir. He wanted all the militant outfits also to be under a

unified command. These proposals were not acceptable to other groups and least

of Jamaat e Islami. He wants the people of Kashmir, Jammu and Ladakh to give a

verdict on what their future status should be and does not approve of Pakistan

speaking on behalf of Kashmir? He heads the Jammu and Kashmir Democratic

Freedom Party which is not a part of APHC.

Mohammad Yasin Malik:75

Born in 1966 in a lower middle-class. He campaigned in the 1987

elections for the MUF candidates. After the defeat of MUF candidates he was

detained and arrested. Soon after he crossed over to POK and joined the JKLF of

74

75

JKDFP-J ammu and Kashmir. com interview with Sabir Shah April 18, 1999. Altaf Hussain Shabir Shah-A living legend in Kashmir History (Srinagar :Noble Publishing House, 1998).

Time Magazine May 2000

70

Amanullah Khan in POK. He returned to the Kashmir Valley and started the

JKLF Chapter in Kashmir. The highpoint in his terrorist career was kidnapping

Rubaiya Sayeed on 8 December 1989 the daughter of Union Home Minister Mufti

Mohammad Sayeed which gave a great fillip to terrorism in the Valley.In August

1990 he was arrested and imprisoned till 1993. He was released on health grounds

from Delhi to go back to Kashmir. He after his release claimed to have given up

terrorism as a policy for pursuit of political goal. . JKLF Kashmir chapter split

with Amanullah Khan's. JKLF. He emphasised that Kashmiris seek independence

for the complete state of J&K and do not need an interlocutor like Pakistan when

they talk on Kashmir. This emphatic stand on an independent J&K pulled JKLF

out of Pakistan's favour.

Geelani Syed Ali Shah:76

Born in 1929 at Sopore. An Urdu and Arabic scholar and was a

schoolteacher for 12 years. Joined the Jammat I Islami in 1950 and was a member

of the State Legislature Assembly in 1972, 1977 and 1987. He represents the

rightist Islamic front which believes in Nizam I Mustafa and that Kashmir is a

part of Pakistan. He forged all mushrooming political parties to come under one

umbrella The All Parties Hurriyat Conference. He stays in touch with OIC. World

Islamic League and the World Assembly Of Muslim Youth. He was elected

Chairman APHC in 1998 for a period of2 years. Hizbul Mujahideen is the armed

wing of Jamait e Islami. He endorsed the call of ban on Amarnath Yatra given by

76 www.kashmirigroup.freeserve.co.uk/geelani. Week 8 August 1999. Interview, Praveen Swami, Frontline, August 27- September 5, 1997.

71

HUM. In an interview to Indian Express on 16 June 1998 Syed Geelani said that

in 20 years Kashmir will be a free land or part of Pakistan.

Abdul Ghani Lone:

Born in1932in Kashmir. A law graduate from Aligarh Muslim University

in 1951. He was a Congressman who defected to National Conference in 1975

and in 1977 joined the Janata Party. In 1981 formed the J&K People's

Conference. An articulate man who participated in demonstrations and protests

and spoke of granting the right of self determination to Kashmiris as the only

viable solution on Kashmir issue Spent time in jail in 3 spells from 1990-1994. He

rationalized the growth of the gun culture as attempts through democratic and

peaceful means to seek Indian Govts implementation of its commi!ments had

failed and Lonewas killed by unidentified gunman in May, 2002.

Moulvi Omar Farooq77 Mirwaiz (religious Preacher of Kashmir) and

President A wami Action Committee. Born in 197 4 at Srinagar. After the death of

Mirwaiz Moulvi Farooq his father he was made Mirwaiz of Kashmir. He in 1993

was made the Chairman of APHC in 1993. He moved around the world as a

foreign minister of APHC and addressed several fora like UN General Assembly,

NAM, OIC, addressed Universities in USA and UK and met several leaders to

whom he spoke of human rights violations committed by Indian troops and their

collaborators. He met media people and diplomats and spoke about hardships that

Kashmiris faced in their fight for self-determination.

77 Asia Week, 24 December, 1999

72

Prof. Abdul Ghani Bhat:

President of the J&K Muslim Conference was a teacher by profession. The

Chief Minister G M Shah dismissed him from service and in 1987 he helped form

the Muslim United Front. . He believes that political content is needed for any ,..

secessionist movement and guns are not enough and wants a dialogue instead of

armed struggle to resolve the Kashmir dispute. He wanted people of J&K should

exercise the right of self determination and solution offered like partitioning the

state or restoration of Article 370 or to pre 1953 situation is not adequate. He is an

APHC ideologue.

All Party Hurriyat Conference:

Since the beginning of the secessionist uprising many efforts were made

by several secessionist/separatist outfits to forge a common ground for a pro

separatist movements from the valleys political religious, students, intellectual,

professional and social organisations. The first of these was the Tehreek Hurriyet

-e-Kashmir (THK) Kashmir Liberation Movement) an Islamic leaning umbrella

organisation that was the successor in some respects of the Muslim United Front

coalition that had developed in the valley in the 80's.78 After this development of

the 80's an alliance of 26 political, social and religious organisations, the All

Party Hurriyat Conference (APHC)79 was formed on March 9, 1993 as a political

front to further the cause of Kashmiri separatism. The amalgam has been

consistently promoted by Pakistan in the latter's quest to establish legitimacy over

78

79 Robert G. Wirsing, n. 51, p. 134. www.satp.org/satp.org/countries.www/india/states/J&K/terroristoutfits/Hurriyet.htrn.

73

its claim on the Indian State of Jammu and Kashmir. The origins of the Hurriyat

are traced to the 1993 phase of the Kashmir insurgency. The initial euphoria of

armed struggle against Indian security forces, which surrounded terrorist violence

during the late Eighties, and early Nineties had subsided in the face of counter­

insurgency operations launched by Indian security forces. The Jammu and

Kashmir Liberation Front (JKLF) with its pro-independence ideology had been

marginalised as a terrorist outfit and replaced by a network of extremist Islamic

outfits sponsored and controlled by Pakistan's Inter-Services Intelligence (lSI).

Parallel to this, Pakistan was aggressively pursing an agenda of attempting

to portray its proxy war against India as an indigenous uprising against Indian

sovereignty to intemationalise the issue. It was in this context that the Hurriyat

was formed as an umbrella body for all over-ground secessionist organisations.

Since the international community frowned upon the resort to violence by non­

state actors, the Hurriyat was an ideal platform to promote the Kashmiri

secessionist cause.

Another version claims that the Hurriyat is a creation of the US

interests in Kashmir and was formed through the efforts of a Washington based

think-tank US Institute of Peace (USIP) under the then Presidentship of Robert

Oakley, a former US ambassador to Pakistan. Certain developments do indicate

that it has had active backing from US official sources, particularly the US

embassy in India (when prominent Hurriyat leader Abdul Ghani Lone was injured

74

during a security force action in the early nineteen nineties, he was reportedly

rushed to New Delhi and visited each day by officials from the embassy).

The outfit's main role has been to project a negative image of counter­

insurgency operations in the State, and mobilise public opinion against security

forces. The alliance has consistently followed up local allegations of security

force excesses, and in several documented cases, distorted facts to suit its

propaganda goal.. The alliance has also boycotted all elections held in the State

and its top leadership was taken into custody after the 1999 parliamentary

elections. Despite trumpeting its self-professed status as the 'sole and genuine

representative' of the people in the State, the outfit has steadfastly refused to

participate in any democratic process to prove this claim. The only endorsement

received so far for this claim has come, as mentioned from Pakistan. A 'non­

paper' on the Kashmir crisis, presented by Pakistan to India during the 1998

Colombo summit of the South Asian Association for Regional Co-operation

(SAARC), had demanded that India recognise the Hurriyat as the 'sole

representative' of the Kashmiri people. This demand was rejected outright by

India.

In 1996, the Hurriyat had distanced itself from initiatives for dialogue

that did not involve Pakistan. In March 1996, the Hurriyat had criticised an

initiative by certain terrorists, grouped under the banner of 'Forum for the

Permanent Resolution of Jammu-Kashmir' that had commenced a dialogue with

then Union Home Minister S B Chavan.

75

The Hurriyat has been plagued with dissension from within on

numerous occasions. For one, there is a clearly defined hawk and dove faction

divide with leaders like Syed Ali Shah Geelani overtly supporting terrorist

violence, particularly of those outfits which espouse an orthodox Islamic future

for the State. In contrast, constituents such as the Jammu and Kashmir Liberation

Front (Yasin Malik) have renounced the agenda of violence. The issue of a

possible future for the State outside the sovereignty of India too has generated an

internal divide with Geelani and some others openly espousing accession of

Jammu and Kashmir to Pakistan and the JKLF demanding an independent status

for the State. The issue of foreign mercenaries and Pakistan-based outfits that

operate without any indigenous membership or leadership too has created

controversies within the alliance.

In 1998, when Syed Ali Shah Geelani was elected chairman of the

alliance, other Hurriyat members Yasin Malik and Shabir Shah dubbed it as a

Pakistani take-over. SAS Geelani, the nominee of the Jamaat-e-Islami (Jel) has

publicly favoured the accession of the State with Pakistan and termed the Kashmir

crisis as a religious issue rather than a political issue. The chairman of the alliance

had, in early March 2001, formally requested the Jammat-e-Islami to replace Syed

Geelani with another representative, a request that was denied even as the Jamaat,

declared Kashmir issue to be a political issue rather than a religious issue.

While dissension within the amalgam is fought out in public under the

fayade of ideological causes, the element of individual ego clashes invariably

76

appear in the conflicting statements of warring leaders. The election for the

chairman in year 2000 gave rise to these ego clashes that have continued to

simmer till date. The main protagonists in this clash have been SAS Geelani and

the People's Conference leader Abdul Ghani Lone. The two have clashed over the

role of foreign mercenaries in the ongoing terrorist violence, and over the status of

the crisis with Abdul Lone terming it as a political issue and SAS Geelani terming

it as a religious issue.

Even as the alliance serves as a political front for terrorist campaign in

the state, its relationship with the various terrorist and over-ground separatist

outfits has been uncomfortable. Several leaders have faced allegations lewlled by

these outfits with regard to misappropriation 0f funds (discussed in Chapter 4),

diverting themselves from the goal of secession and compromising \Vith the

Union government. Even while welcoming the idea of the proposed delegation

visit to Pakistan, militant outfits such as the Lashkar-e-Toiba (LeT) have termed it

as a waste. Another over-ground outfit, the Dukhtaraan-e-Millat (De~!) on

December 10, 2000 while criticising Abdul Lone's statements against foreign

mercenaries, also called upon the terrorist outfits to take action against him. In the

same statement, Abdul Lone and other Hurriyat leaders such as the Mirwaiz and

Y as in Malik were accused of participating in a deal with India and going to

Pakistan as part of the deal. In October 2000, Abdul Lone was accused by the Al­

Barq of siphoning off arms and funds meant for the secessionist movement in

77

order to strengthen his position in the event of a power struggle after the region

attains 'independence'.

The alliance's claim to be the sole representative of the Kashmiri

people has so far been endorsed explicitly only by Pakistan. While this claim has

predictably been challenged by the National Conference, the ruling party in

Jammu and Kashmir, it has also come under challenge from other elements such

as Amanullah Khan, the Chairman of his own faction of the JKLF and Shabbir

Shah, a member of the alliance before he quit in 1996. Consequent to the

alliance's positive response to the Prime Minister's cease-fire offer, Pakistan-

based terrorist outfits too have questioned Hurriyat's credentials while

maintaining that they cannot be ignored in any potential solution to the Kashmir

issue. Even while criticizing the September 2000, Hizb cease-fire and subsequent

negotiations with the Union government, the Hurriyat had, in a veiled manner

accepted the process, and insisted that ultimately only the alliance could be

considered as the representative of the people.

The alliance80 largely functions as a co-operative body with an

Executive Council composing of seven members drawn from the main constituent

outfits. The Executive Council is the highest decision-making authority. It

comprises at present of7 major parties: 81

1. List of Parties Comprising the APHC:

80

81

!Name of the Party lAW AMI Action Committee

Indian Express, 24 April2000. Indian Express, 24 April 2000.

Head of the Party Mirwaiz Moulvi

78

Umar Farooq Jamaat-E-Islami Jammu and Syed Ali Geelani Kashmiri Jammu and Kashmir People's Abdul Gani Lone Conference Muslim Conference Prof. Abdul Gani Jammu & Kashmir Muhammad Yasin Liberation Front Malik People's League S. Hamid Ittihadul Muslimeen Moulana M. Abbas

Ansari All Jammu & Kashmir Ishtiaq Qadri Employees' Confederation Employees and Workers Confederation Anjaman-E-Tabligul Islam Syed Qasim Shah

Bukhari Liberation Council Moulana M.Abbas

Ansari Jamiat-E-Ahle Hadith Moulana Tahiri Kashmir Bazme Tawheed Moulana

Mohammed Mubariki

J ami at-E-Ham dania Moulana M. Yasin Hamdani

Kashmir Bar Association Mian Abdul Qayoum

Political Confere11ce Abdul Samad Tehreek-E-Huriati Kashmiri Moulana

Mohammad Tari Jamiate Ulama-E-Islam Abdul Gani Azhari Anjamani Auqafi Jama Mol vi Mohammad Masjid Umar Farooq Muslim Khawateen Markaz Ms. Zamrooda

Habib Jammu and Kashmir Human Noor-Ul-Hassan Rights Committee Jammu and Kashmir People's Justice Moufi Basic Rights(Protection) Bahauddin Farouqi Committee Employees & Workers Confederation (Arsawi Group)

79

Students Islamic League Shakeel Bakshi Islamic Study Circle Dr. Yusufl Umar Auquaf Jama Masjid Ghulam

Muhammad Bhat

Names of the Members of the Executive Council of the APHC

Name Par_!y and Position Syed Ali Geelani Jamaat e Islami (Member) Maullana M. Ittihadul Muslimeen Abbas Ansari (Member) Moulvi Awami Action Committee Mohammad Umar (Member) Farooq Professor Abdul Muslim Conference Gani (Chairman) Abdul Gani Lone People's Conference

(Member) Mohamed Yaseen Jammu Kashmir Liberation Malik Front (Member) S. Hamid People's League (Member)

It is the APHC and JKLF, which led the secessionist movement m

Kashmir and kept fanning the sentiment of secessionism. JKLF and APHC have

indulged in paradiplomatic activities. Since 1995 JKLF has become a part of the

amalgam called APHC.