Pakistan Pccupied Kashmir Final Draft 18-02-2012

8/3/2019 Pakistan Pccupied Kashmir Final Draft 18-02-2012

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Pakistan Occupied Kashmir

Historical Perspective

Strategically most important state of India Jammu and Kashmir is historically and

geographically unique, a part of Jammu and Kashmir is illegally occupied by

Pakistan. So the state of Jammu and Kashmir which acceded to India in 1947 is

divided into two parts viz

(1)Jammu and Kashmir ( which is part of India) and(2) Pakistan Occupied Kashmir which consists of so called Azad Jammu &

Kashmir and Northern areas now renamed as Gilgit-Baltistan.

The area wise distribution of different parts Jammu and Kashmir are:

(i) Total area of Jammu and Kashmir : 222,236 sq. km(ii) Area under illegal Pakistani Occupation

(POK=AJK+Gilgit- Baltistan): 78114 sq km.

(iii) Area of Jammu and Kashmir under Chinese Occupation: 42,685 sq km(iv) Area ceded to china by Pakistan : 5130 sq km(v) Total area under Pakistan and China : 120799 sg.km(vi) Total area with India : 101437 sg.km(vii) The state of Jammu and Kashmir (including POK and areas under Chineseoccupation) came into present form of political structure as an entity, in the form of

state on March 16 ,1846. On this date a treaty known as Amritsar treaty was signed

by Maharaja Gulab Singh and British Government. The areas lying on the right

side of River Indus were annexation during the rule of Maharaja Ranbir Singh. The

Annexation of these areas was approved by British government. The state of Jammu


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and Kashmir at the time of Maharaja Ranbir singh was administratively divided

into provinces of:-

(I) Jammu(II)

Kashmir

(III) Ladak(IV) Gilgit and Frontier Illaquas. In 1947, i.e, 26 October 1947, the ruler ofJammu and Kashmir Maharaja Hari Singh acceded to union of India. A Part of

Jammu and Kashmir was illegally occupied by Pakistan. Pakistan bifurcated the

areas under its occupation into so called.

(i) Azad Jammu and Kashmir and(ii) Northern Areas consisting of Gilgit-Baltistan. The Northern areas weresurrendered to Pakistan on April 28, 1949 under Karachi Agreement by AJK. The

further ratification of accession of Jammu and Kashmir with India was done by

democratically elected institution of constituent assembly of Jammu and Kashmir of

February 15, 1954 by ratifying it.

The POK which was under the direct control of Pakistan was named as Azad

Jammu and Kashmir to show its so called independence.

Administration structure of AJK

Northern Areas come under direct rule of Pakistan after Karachi Agreement and

was named Northern areas.

Administrative Structure of so called

Azad Jammu and Kashmir since 1947.

On October 24-1947 a government was established in POK, which worked like a

war council. The government was working under some rules of business (ROB).

(i) The President of AJK named by working comities ofMuslim conference was repository of all executive and


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legislative powers. At the same time a supreme head was

appointed by Legislative and executive action of AJK

government

(ii)

A Rudimentary Judicial System was established id 1948(iii) ROB were revised in 1953, 1957 up to 1960.

(iv) In 1960 the post of president was subjected toelection and AJK state council was introduced which was to

be elected. This council had 24 members. In 1964, there was

an amendment known as AJK Govt. Act1964 . Accordingly

8 councilors were to be elected to state council.

(v)In 1965, provisions were made for nomination of twomembers by President.

(vi) The chairman of the council who acted as ex-officioPresident of AJK was nominated by the chief Advisor

usually Pakistan government representative

(vii) According to AJK Govt. Act 1965, eight members were elected and 4nominated by chief adviser

(9) Only limited number of people had the right to franchise up to 1969

(10) In 1970, for the first time the president and the legislative assembly were

elected by adult franchise.

(11) In 1974, parliamentary System was established.

(12) Since 1975 Prime Minister is elected by members of legislative assembly and

he is chief executive and President is the constitutional head of the AJK

(13) All the above mentioned changes were made by Pakistan through executive

orders. The people of AJK had no role in it.

(14) The prime objective of these changes was to create an administrative

similarity between Pakistan and AJK and that the AJK would have a council.

(15) The AJK council, with prime minister of Pakistan as the chairman, Six

elected members, Six ex-officio members including president of AJK as vice


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chairmen, prime minister of AJK or his nominee, Federal minister of Kashmir

affairs of Pakistan, five member nominated by Prime Minister of Pakistan from

among federal Ministers or Members of Parliament of Pakistan.

(16) The AJK council is a constitutional body and has executive powers underthe 3

rdschedule of 1974 act.

(17) AJK has executive powers to legislate on defense, security, Foreign affairs,

foreign trade, currency coins and matters related to UNCIP resolutions.

(18) AJK council is also responsible for collection of income tax from territory of

AJK. The AJK council Board of Revenue and its attached department, the

commissioner of income tax with its offices in all the seven districts of AJK

undertake the collection of income tax. It becomes clear that the AJK government

has nominal powers and functions under direct control of Pakistan Government.

Dismissal of governments

The real power of Pakistan and the nominal powers of AJK government becomes

clear from the dismissal of governments from 1953 to 1974. The chronology of

events of dismissal of governments of AJK is as follows:

(i) In 1953, the first government by M. Ibrahim Khan was dismissed.(ii) From 1953-1962 the governments led by then Abdul Qayuum Khan, Sher Aliand Mirwaiz Yusuf sha were dismissed

(iii) In 1955 Martial law was imposed after protests against Pakistan control.(iv) The first elected government led by K.H. Kursheed was dismissed in -1964.


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Administrative structure of Gilgit- Baltistan

(Northern Areas)

1. Northern Areas or Gilgit-Baltistan were directly ruled up to 1993 by Pakistanafter Karachi Agreement (even Northern Area do not find mention in the

constitution of Pakistan).

2. The people of Northern Areas did not have the fundamental rights and weredirectly ruled by a Joint secretary in the ministry of Kashmir Affairs and Northern

Areas (KANA).

3. In Response to a petition a verdict was given by AJK Supreme Court, whichquestioned the illegal occupation of northern areas or Gilgit-Biltistan by Pakistan,

Pakistan government made some rudimentary arrangements. Which are

(i) In 1994 the formation of Northern Areas executive council, with 26 memberstook place without legislative powers.

(ii) The Joint secretary to the government of Pakistan in the ministry of Kashmiraffairs and Northern Areas (KANA) till 1999 was the real executive head of

northern Areas.

(iii) In 1999 election to the northern Areas legislative council were held with fewfiscal and legislative powers.

(iv) In 2000 some legislative and fiscal powers were added to NALC.(v) Gilgit-Baltistan Empowerment and self- governance order of August 2009gave some more powers.

(vi) Now after six decades of Independence of the Indian subcontinent Gilgit-Baltistan has got an elected chief-minister

(vii) Un 2009 Pakistan declared Gilgit-Baltistan as its province. Which has beruled out by AJK Supreme Court.


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Supreme Court of AJK (POK):

Azad JK. (POK) and Northern Areas not Part of Pakistan

1. The constitutional position of AJK and Northern areas was cleared by twoJudgments of AJK Supreme Court.

2. The first Judgments was delivered on date 8-03-1993 regarding the control ofnorthern areas of POK by Pakistan

3. The second Judgment was of Supreme Court and its authority to appointJudges in AJK Supreme Court.4. The first judgment cleared the territorial position of northern Areas thatwhether northern Areas formed past of the state of Jammu and Kashmir on August

15 -1947 and whether the northern area should be annexed to AJK i,e POK.

5. The Supreme Court of AJK admitted the legal and historical facts andtreaties singed by rulers of J and k with governments of British India, which

support the territorial integration of northern Areas with J and k on August

15,1947. The court also admitted writings by different individuals who were

officially linked to affairs of J and k before and after august 15, 1947 Maps

published by international institutes and agencies and letters written by political

personalities of Pakistan and POK and speeches delivered by Pakistani officials in

United Nations were also admitted in the court as evidence to prove that northern

areas are part of Azad Jammu and Kashmir and not of Pakistan. The above

mentioned evidence which were admitted in the court are reproduce here as follows

:-

(i) Gilgit was leased by ruler of the state of J and K on March 26, 1938. Througha lease deed on August 1

st1947 those areas were restored to state government.

(ii) Brigadier Ghansara Singh was appointed as Governor of Gilgit byGovernment of Jammu and Kashmir.


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(iii) Northern areas do not form part of the territory of Pakistan as defined inconstitution of Islamic Republic of Pakistan, 1973.

(iv) A written statement signed by Advocate general of Pakistan who wasinstructed through a letter no. Mo/351824/91 of November 10,1991 states:(a) According to constitution of Pakistan Northern areas were never part ofPakistan

(b) According to the constitution of 1973 of Pakistan, Northern areas are notpart of Pakistan

(c) Northern areas are historically, geographically, constitutionally and legallypart of Jammu and Kashmir and will remain so

(d) Northern areas are inseparable part of J and K and its control is withPakistan under an agreement but northern areas are not part of Pakistan.

6. According to the enforcement of Azad Jammu and Kashmir interimconstitution Act, 1974 the administrative control of northern areas should have been

restored to AJK by putting an end to the precious agreement of 1949.

7. The contents of the letter No.PS-400/89 of March 17, 1989 addressed bypresident of AJK to the president of Islamic Republic of Pakistan are.

(a) The control of northern areas was temporality handed over to Pakistan.(b) According to UN resolutions northern areas are past of Jammu and Kashmir..

(c) The assistances, under which the agreement of transfer of control of northernareas to Pakistan looks place, have changed. So the said agreement should be

reviewed.

(d) According to census reports of 1911, 1921, 1931 and 1941 of government ofIndia northern areas are part of J and K

(e) In 1925 government of J and K under took settlement of Revenue accordingof the settlement northern areas are part of J and K


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(f) Maps published in February 1953 by ministry of Kashmir affairs of Pakistanshown Northern Areas as part of Jammu and Kashmir. These maps were

reproduced in 1987.

(a)The agreement between Pakistan and China on transfer oftrans Karrakoram track to China also accepts the northern

areas are part of J and K

(b) On 12 March 1963, Pakistani foreign Minister and later Prime Minister ofPakistan Z.A. Bhutto stated.

-----------the territory of Jammu and Kashmir is not part, integral or otherwise, of

the territory of the union (Pakistan)

(c) During the proceeding of Ganga hijacking case the attorney general ofPakistan accepted in court that Any part of Jammu and Kashmir cant accede to

Pakistan or India

7. On October 1st, 1846 Maharaja Gulab Singh Singed Lahore treaty withBritish government and accepted the supremacy of British government. And by

virtue of this agreement Jammu And Kashmir State emerged. The areas lying on

the right side of river Indus were annexed during the rule of Maharaja Ranbir

Singh.

The annexation of these areas was approved by British government of India.

8. At time of Maharaja Ranbir Singhs rule Kashmir was administrativelydivided into provinces of

(I) Jammu(II) Kashmir(III) Ladak and(IV) Gilgit and Frontier IllaquasFontier Illaquas comprised of

(I) Hunza(II) Nagar(III) Punial


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(IV) Yasin(V) Kuh(VI) Ghizar](VII)

Ishkoman and

(VIII)ChilasWith an area of 14,680 sq. miles

At present, Gilgit Baltistan and former Frontier Illaquas are designated as Northern

Areas.

9. In census of India, 1911, volume XX, part 1, Report on Kashmiradministrative set of the state as divided at the eleven times. The province of Jammu

comprised of

i. Jammuii. Jasrotaiii. Udhampuriv. Reasi andv. MirpurKashmir province comprised of

i. Kashmir Northii. Kashmir South andiii. MuzarffarabadThe Frontier districts comprises of

i. Ladak andii. GilgitThe internal jagirs and dependencies were described as

i. Poonchii. Bhadarwahiii. ChaneniThe Frontier Illaqus, petty chietships in feudatory relation with state were described

as


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i. Punialii. Ishkomaniii. Yasiniv.

Hunza

v. Chilas.A village lying in Tibetan territory as an isolated unit which belonged to the state

was Mansar village. The administrative description was followed in the subsequent

reports for the years 1921, 1931 and 1941. The position which emerged in 1941 vide

the census report described above, in respect of Frontier districts, was as.

1. Ladak with Skardu and Kargil as tehsils2. Gilgit, with Gilgit wazarat and Astore as tehsils3. Frontier Illaqas, comprising of Punial, Ishkoman, Yasin, Kuh, Ghizar,Hunza, Nagar and Chilas.

10. Mr. Joseph Korbel, member of UNCIP in his book dangers in Kashmir atpage 5,6,92 and 202 described:

The state (J and K) consists of several regions. Its heart is famous valley of

Kashmir, south of it is the Jammu Province, to the east is Ladak, north of it,

Baltistan, farther north are regions of Hunza, Nagir, and west of them, the Gilgit

Agency, composed of several political districts west of the valley are the districts of

Muzaffarabad, Riasi Poonch and Mirpur (Page 5-6) in general one would say that

the western and north western areas of the state of Jammu and Kashmir never

became part of Pakistan. Legally they continue to be part of the state of Jammu and

Kashmir

11. Karan Singh in his book Heir Apparent has described on page 52 --------- the valley was inhibited predominantly by Sunni Muslims with a small

community of Shias, Sikhs and redoubtable Kashmire Pandits, Jammu by Dogras

Hindus --------- Gilgit, Skardu and Kargil by Shias, Ladak by Buddists

12. Alastair lamb in crisis in Kashmir described -----First there is Kashmirproper, ----- second there is Jammu------ . Third, there is the district of Poonch and


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fourth, the very extensive track of Ladak and Baltistan. Finally, in the north west is

the Gilgit region, comprising Gilgit, Gilgit Wazasat, Gilgit Agency, Yasin,

Ishkuman, Hunza and Nagar.

13.

Sir Mohammad Zafrullah khan, Foreign Minister of Pakistan, in hisspeech made in the security council on January 16, 1948 described the position of

state including Gilgit as:

------------ Gilgit which is the high mountain region in the north west, a part of which

borders of USSR, is entirely Muslim. The total area of the state (J and K), ------------,

is 82000 sq miles.

14. On the enforcement of independence Act of 1947, section 7 (1) (b) ofindependence Act all treaties and agreements in force between the British

government and state government (of JCPK) lapsed. So the Lease treaty between J

and K and British government on Northern areas lapsed and the administrative

control of northern areas was restored to J and K government.

15. In the consequence of lapse of lease treaty, the state government of J and Kappointed its own Governor on July-17-1947 vide order No-B.480/47 P.B.

16. Brigadier Ghansara Singh reached Gilgit on July 30, 1947 and assumed hisoffice by relieving Lt.col. Beacon a British officer.

17. Brigadier Ghansara Singh in his own account Gilgit Before 1947 wrote,I reached Gilgit on 30 July,1947 to take over as Governor -------------2. The Gilgit

public however, was highly pleased with the transfer of power ----------11, thus the

whole charge of Gilgit and Gilgit Agency was taken over.

18. Some of the laws on the statute book of the state (JIDK) are Act No. XVI of1917 /2004 bik ,---------------- and the Gilgit scouts law---Act No. XVI of 1917/2004

Bik

19. In 1931 Maharaja Hari singh established a legislative assembly, calledpraja sabha. The Jammu and Kashmir constitution act was enforced in 1996


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Bikrami. The Assembly was partly representative as some members were

nominated by the ruler of the state. Among them five members were nominated

from Ladak and Gilgit ; two were Buddhist from Ladak wazarat, one Muslim from

Skardu, one Muslin from Kargil, and one Muslim from Gilgit wazarat. The lastelection in the state were held in January 1947.

20. Record of assembly show budgets, whereby development funds wereallocated for various development schemes of Northern Areas. In the budget of

1940-41 (1997-98 Bik) column of expenditure reflected the amount for grant of

allowances to subordinate administration posted in Gilgit Agency. In the budget of

1945-46 (2002 Bik) in the column of local funds (education cess) posted in Gilgit and

Skardu. Funds were also allocated for teachers, Governor of Yosin, mir of Nagar,

Governor of Punial, Governor of Kuh and Ghizar etc.

21. Subsection (2) of section 2 of Indias Independence Act laid down thatsubject to the sub section (3) and (4) of the same act, the territories of Pakistan

shall be

(a) The territories which, on the appointed day, were included in the provinceof East Bengal and West Punjab as constituted under the two following sub-sections.

(b) The territories which, on the day of passing of the Act, were included in theprovince of Sind and the chief commissioners Province of British Baluchistan

(c) The North West frontier province provided on or before the appointed day,the majority of the citizens of that province, voted in favor of Pakistan and it were

so declared by Governor General.

The territorial areas of Pakistan were further elaborated in the constitution of

Islamic Republic of Pakistan of 1956, -1962 and 1973. In the present constitution

under section (2) the territories of Pakistan were listed as

(a) The province of Baluchistan North West Frontier, the Punjab and Sind.(b) The Islamabad capital city(c) The Federally administered tribal areas (FATA) and


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(d) Such states and territories as are as may be included in Pakistan whetherby accession or other wise.

(e) It is quite evident from the afore said description of the territories ofPakistan that the northern area or for that matter, any other part of Jammu andKashmir state are not claimed as part of Pakistan. So it is evident from all that has

been discussed above as documentary evidence the northern area of whole of

Jammu and Kashmir is not part of Pakistan.

AJK Supreme court:

AJK (OR POK) is not part of Pakistan

Constitutional and Legal Position of POK

1. Chief Justice of AJK, while heading a three member bench on march 15,2010, Passed an order.The order states: The Supreme Court of Pakistan has no jurisdiction to entertain

any petition regarding appointment of Judges of superior courts of AJK. Such kind

of petition does not come within the Jurisdiction and sphere of Supreme Court of

Pakistan.

The order further states The supreme court of Pakistan has no authority to

extend their jurisdiction to the area of Azad Jammu and Kashmir because the

territories of Pakistan have been defined in Article 1 of the constitution of Islamic

Republic of Pakistan. The supreme court of Pakistan can not go beyond the

territories defined in Article 1 of the constitution of Islamic Republic of Pakistan.


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So the above mentioned order declares Kashmir (J and K) as a separate country

and says that Supreme Court of Pakistan has no Jurisdiction in AJK affairs, The

Article 1 of the constitution of Pakistan states:

Article 1: the republic and its territories

1. The republic and its territories(I) Pakistan shall be a Federal republic to be known as Islamic republic of

Pakistan

(II) The territories of Pakistan shall comprise(III) The province of Balochistan, the Khyber Pakhtunwalla, the Punjab and

Sind

(IV) The Islamabad capital territories. Hence in after referred to as the Federalcapital

(V) The federally Administered tribal Areas and(VI) Such states and territories are may be included in Pakistan whether by

accession or otherwise so article 1 of the constitution of Pakistan it

becomes clear that POK is not part of Pakistan.

Human Rights Violation

In POKThe Human Rights watch Report titled, Human Rights Violation in Azad Kashmir

published in the year 2006 give an account of the unprecedented violations of human


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rights in POK. The report had concrete suggestions for Pakistan, the international

donors and agencies in POK and the militant groups operating there in. They

conclude

1.

Release all individuals imprisoned or detained and withdraw immediately allcriminal caser against anyone, including Kashmiri nationalists, for the peaceful

expression of their political views, including that Azad Kashmir should be

independent,

2. End the practice of arbitrary arrest and detention, the forms of harassment, andtorture and other ill treatment of persons exercising their right to freedom of

expression, including those who peacefully oppose Kashmirs accession to

Pakistan or demand greater autonomy for the territory

3. Repeal constitutional curbs on freedom of expression, association and assemblyin Azad Kashmir Law are inconsistent with international human rights and

standards.

4. Prosecute to the full extent of the law and in accordance with internationalstandards those members of the armed forces its intelligence agencies government officials

and police personnel implicated in serious violations of human rights, including arbitrary arrests

and torture.5. Respect press freedom and allow full independent courage of both past and ongoing events in

Azad Jammu & Kashmir. Remove formal and informal prohibitions on news fathering and

reporting and accord all journalists full freedom to movement. End the practice of banning

books and literature.

6. Ensure that human rights organization have freedom of movement throughout Azad Kashmirand allow them to carry out investigation.

7. The militant groups to cease threatening civilians who do not cooperate with or supportactivities of militant groups. Human Rights commission of Pakistan has also published its

report. It indicates.

(I) The Pakistan Inter Services intelligence (I S I) operates throughout AJK and engages in theextensive surveillance of pro- independence groups and media.

(II) Arbitrary arrests and detention are commonplace.


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(III) In some instances, those detained by I S I or police or security forces are tortured andseveral cases of death in custody have been reported. Emma Nicholsons report, compiled

in the aftermath of 2005 earthquake makes some pertinent remarks. It notes among other

things that.

(g) The miserable state of socio economic- political problems was accentuated by theearthquake of 20056 and the minimal basic sights which were with population

were decimated, compounding a situation notable for the lack of in poverty

illiteracy and backwardness.

Sectarian violence

Sectarian violence in POK has been there for long and Pakistan state is much

involved in it to fulfill its sinister designs. On April 2005 a well documented report

published by International crisis Group (ICG) n titled The state of sectarianism in

Pakistan reports that

(i) The Shias in the region were alienated by states continued sponsorship ofSummi or orthodoxy.

(ii) Zia ul Huq manipulated sectarianism to settle political scores with PPP.(iii) Anti Shia riots engineered by Zia regime in 1988 engulfed Gilgit- Baltistan

and claimed 700 lives

(iv) Sectarian elements from neighboring provinces actively patronized by thestate have unleashed a reign of terror in the region from time to time Villages

are burnt and even livestock is not spared.

(v) Another report of ICG published in April 2007 titled Discord in NorthernArea while describing the origin of sectarian strife in POK declares that


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state and non state actors have manipulated the divisions there since the

1985

Economic Exploitation of POK

(i) POK has an identified capacity of around 15,000 mega watts ofhydroelectricity, which are used by China and Pakistan.

(ii) No benefits from hydroelectric projects accrue to the local people.(iii) Diamer Bhasha Dam project built at Diamer in Gilget- Baltistan but

power plant will be situated in Khyber Pukhtunkhwa.

(iv) The Dam will inundate vast tracks of available land and will have anadverse impact on the local environment and will cause displacement

of large population.

Human Rights violation

in Northern Areas1. Amir Humza Qureshi, founder of Giligit Baltistan Jamhoori Mahaz, in

Jararat, wrote, It is a fact that people of this region (Northern Areas are

facing more human rights violations and whenever the official (Pakistani)


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media talks about repression in (India) Kashmir, people with strong hearts

laugh at this hypocritical attitude and people with weak hearts cry.------------

- But the people of this region of the world in matters of fundamental human

rights, Justice and economic development.2. Organizing or overt expression of people will, even peaceful expression by

protest has led to arbitrary arrests and long Jail terms.

3. Demonstration by students in Gilgit against unemployment has been brutallycrushed.

4. According to k2, Gilgit- Baltistans only weekly, one of the Biggestobstacles faced by the people of Gilgit-Baltistan have been the systematic

campaign of terror and decimation waged against the regions Shia

population. Shias who comprised over 75% of the original inhabitants of

land now risk being outnumbered due to conscious settling of non locals. (

now 40% of the population)

5. According to Abdul Hamid Khan, chairman of BNF, more then 900 youthhave been killed 1000 had become disabled or wounded while 40 are still

missing and several building were destroyed due to Pakistan sponsored

terrorism.

6. Abdul Hamid also stated that political and human right activities werecompletely denied by Pakistan and result of which more than 1000

politically active people were facing sedition cases no impartial Judicial

system existed in Balawaristan.

Overall Development in Gilgit Baltistan or

Northern Areas


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1. According to Balawaritan National Front Northern Areas have onuniversity and no professional colleges

2. The population of northern Areas 15 870, 347 (1998 census) andgovernment has set up only 12 high school and two regional collegeswith no postgraduate facilities

3. Locals are paid 25% lass then the non-native entrants in governmentsector.

(iii) Agriculture is the mainstay of economy but much of the land isheld by a small minority of very privileged landlords.

(iv) Adult literacy in the northern areas is 14% for males and 355 forwomen.

(v) There are no local dailies or local radio or television station.(vi) There is Just one doctor for 6000 people.

Source http:/ india resource tripod .com/pok .html.

Demands of the people Of POK

1. The people of POK have resented Chinese presence in POK2. In 1963, the people of POK protested against Pakistani move to have a pact on

Karakoram road to China

3. The people of POK fear the China may take over POK by 2020 4. A Delegationfrom POK at the Institute for Defense studies and Analysis in 2009 expressed their


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suspicion that Sunni majority Pakistan and communist China may exterminate the

Shia majority in Gilgit Baltistan to silence all opposition to their policies.

4. A NewYork Times article by Seig Harrison states that at least 7000- 11000Chinese troops have been stationed in Gilgit- Baltistan region of POK

5. In case Pakistani control over POK becomes ineffective Chinese may take overstrict control over Gilgit Baltistan. That seems the reason behind the presence of

Chinese troops in POK.

6. The Gilgit-Baltistan United Action Forum has emerged to take on Pakistanigovernment in northern areas.

7. The Gilgit Baltistan united Action forum for self- Rule has been demanding theright to self- rule

8. Muttehada Qaumi party wants to attain a status comparable to that of AJK9. Abdul Hamid khan, Chairman Balawaristan Nation Front, called upon united

nations and international court of Justice to book Musharraf and other Pakistani

Generals as war criminals for genocide carried out by them in northern Areas

(Times of India, Aug-3-2001)

10.On 20 January,2010 International council Jammu Kashmir National Awami Party(IC JKNAP) leaders demand that Pakistani state must immediately move out its

troops from populated Areas of POK as soon as possible.

11.In 2006 students from Gilgit-Baltistan in POK demanded reservation for seats inIndian institutions like I.I.T.s and I.I.M.s. (www.rediff.com.cews/2006/may/)

POK and Terrorism


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1. The confession of lone survivor of the Mumbai attack, Ajmal Kasab and DavidHeadly provide sufficient evidence that they received training in a militant

camp in Muzafferabad.

2.

There are reports (Hindustan Times, February 1, 2002) that Laden was oncehiding in vicinity of Muzaffarabad and Al Qaeda was strengthening its

presence in POK.

3. The spurt of arrests in Muzaffarabad and the adjoining areas after the Mumbaiattack are a pointer to their existence of terror comps and militant activities in

POK.

In 2010, the report by Freedom House brought out by UN High commissioner

for Refugees states

(i) A number of Islamist militant groups, including those that receivedpatronage from Pakistani military operate from bases in Pakistan

administered Kashmir.

(ii) Militant Groups that have traditionally focused on attacks in Indianadministered Kashmir are reportedly expending their influence and

activities in POK, including the establishment of new Madrassas.

(iii) L-e-t and Jamaat ud Dawa operate from POK.(iv) There have been references to a new militant outfit, lashkar e zil

(LEZ) Operating in POK.

( The news January 11,2010). LEZ is supposedly an amalgamation of

several militant outfits including tehrik -e- Taliban, Pakistan (TTP) led

by Hakimulla Mehsud, and Harkat-u1 Jihad (HUJI) led by

commander Illyas Kashmiri (of Al-Qaeda) .


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China in Pakistan Occupied Kashmir

1.

China is connected to Pakistan by the Karakorum Highway (KKH).2. 580 Kms. Of Karakoram Highway runs through Gilgit- Baltistan region of the

POK.

3. Karakoram Highway has been used for illegal transfer of nuclear material fromChina to Pakistan.

4. Hydel projects of comat dam and rising of the heights of Mangla dam in POK arebeing worked out by China.

5. Zhejiang Design Institute of water conservancy and hydro electric power of Chinahas carried out feasibility studies for building small and medium sized dam. China

is considering constructing highways, railways through POK, paper visa to people

travelling to China from Jammu and Kashmir by Chinese Government was an

attempt to project the status of J and K as a disputed territory.

6. Security implication of Chinese presence in POK is extremely huge.7. Recently there was report of presence of Chinese troops in POK.8. Emma Nicholson report titled, Kashmir: Present situation and future prospects

adopted by European Union on May 24, 2007, also brings China into the picture

by noting that the Trans Karakoram tract, formerly a part of the princely state of

Jammu and Kashmir is now under Chinese control.


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Role of India in POK

(i.) The people of POK are constitutionally and legally citizens of India.(ii.) So it is duty of government of India and parliament of India to protect the

rights of its people in POK.(iii.) The POK shares border with Afghanistan, China, formers republic of

USSP Russia, the POK is gateway of India to fossil fuel, Central Asia and

even India comes closer to Iran.

(iv.) The border with Afghanistan of India though POK will ultimately lead toour presence in of Afghanistan

(v.) The strategic depth theory of Pakistan in Afghanistan will be countered bytaking over of POK, seats reserved for POK in legislative assembly of

Jammu and Kashmir India must appoint or nominate members for 24 seats

among POK residents settled in Jammu and Kashmir till POK is taken

back from Pakistan. There must be representation from these refugees in

Union Parliament.

Documents

Pakistan Pccupied Kashmir Final Draft 18-02-2012