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LEGAL
STATUS
BNF 1. Before
writing my own party opinion, I would like to elucidate
the realities, due to which this most important geographical
area's fate is becoming dark andambiguous even at the door
of the 21st century. The very important issue was to emancipate
the whole area consisting of 28000 sq. miles, from the clutches
of Pakistan. Two million down trodden people of Balawaristan
(occupied Gilgit Baltistan) were invoked into the attention
of the civilized world, United Nation, international Court
of Justice and Human Rights Organizations.
LEGAL STATUS. I have the honor to explain the legal
(written) material that became flagrant intimidation for
the people of Jammu & Kashmir state, which also clears
the position of Balawaristan (Occupied Gilgit Baltistan)
the disputed part of Jammu & Kashmir.
BRIEF HISTORY 1. Before the separation of sub-continent,
the British empire decided to hand over the charge of the
tiny states including Yasen, Punial, Gupis, Ishkoman, Gilgit,
Nagar, Hunza, Astore and Chilas to the Maharaja of Kashmir.
Chilas was under suzerainty of Yasen even after 1947.Before
1860 Mestuch (now became a part of Chitral),Gupis and Ishkoman
were also integral parts of Yasen. After the murder of British
spy Col. George Hayward by the Yasen ruler, differences
were broadened between Yasen and the British government
and as a revenge British separated Mestuch, Gupis and Ishkoman
from Yasen. While Rundu, Kharmang, Skardu and other semi-
independent kingdoms of Ladakh and Astore were under the
direct control of Maharaja of Jammu & Kashmir.
DIVISION OF SUB CONTINENT PRINCIPAL.
The British government treated differently with the whole
Jammu & Kashmir state including Balawaristan {Occupied
Gilgit Baltistan (OGB)}, as she did with India and Pakistan.
Otherwise they would have handed over the whole state of
Jammu a Kashmir to Pakistan or India. The order of the Prime
Minister of His Highness Maharaja Mr.R.C.Kak on 17th July,
1947,before the partition of great India, vide No. B 480/47
P.B.is as under. His Highness the Maharaja Bahadur has been
pleased to command that :
The administration of the entire Gilgit Baltistan i.e. former
Gilgit Wazarat north of the Indus and all political districts
is taken over on 1st August 1947.
1. The above together with Bonji will form the Gilgit frontier
province.
2. Brigadier Ghansara Singh is appointed governor.
3. The budget for the Gilgit Frontier province will be sanctioned,
when full details are known and have been sanctioned.
HISTORY 2 .
Ninety days after taking over the charge of Gilgit Agency
and political districts (Baltistan was a tehsil of Ladakh
at that time), Gilgit Scouts revolted and arrested Governor
Ghansara Singh.But later on Cap. Mirza Hassan Khan a local
officer of 6th Jammu & Kashmir Infantry Battalion took
iver the control of rebellion against the Maharaja, thus
the Maharaja lost it's golden sparrow and roof of the world
on 1st November, 1947.Baltistan a tehsil of Ladakh fell
to Gilgit Scouts in 1948. Raja Shah Raees Khan and the then
Cap.Mirza Hassan Khan became President and Commander-in-Chief
of the newly born State, The Republic of Gilgit. Unfortunately,
the liberation war was on and the local military commanders
including Mirza Hassan Khan were busy, therefore some simpleton
military low ranking persons were acquainted the neighbour
Muslim state Pakistan to send an expert for subsidiary duties
in administration.
On 16 Nov.1947, immediately after liberation of Gilgit Frontier
Province of Kashmir, a. third class magistrate (Naib Tehsildar)
Sardar Alam was sent by the government of Pakistan from
N.W.F.P. province to discharge his duties as a temporary
helper to the newly born state Gilgit. Mr. Alam paved the
way for himself from the very beginning by making sectarian
differences among the locals on one side and on the other
side the government of India and Pakistan took the case
of the whole Jammu & Kasmir, including Gilgit Baltistan,
to United Nations Organization.
UNCIP. The stand
of India & Pakistan in United Nation Commission for
India and Pakistan (UNCIP) is reproduced, so the postulates
of both the countries could be re - examined by their respective
people in that context, in which Pakistan agreed to withdraw
all its forces and armed personals, tribesmen and citizens
from the state of Jammu & Kashmir including Balawaristan
(O.G.B.) within a period of 7 weeks. But later on UNCIP
accepted the request of Pakistan to extend the period of
withdrawal within the period of three months (12 weeks),
while, India agreed for withdrawal of bulk of it's forces
subject to the complete withdrawal of all Pakistani forces
and civilians (Pathans of Frontier Province of Pakistan)
and other Pakistani citizens, who were not the citizens
of Jammu & Kashmir State including Balawaristan (Occupied
Gilgit Baltistan).
The proofs have been extracted from the official records
of The United Nations Security Council 1950. The extract
of UNCIP record explains on page No.111-112 iii (A), is
as under: -
THE GOVERNMENT OF PAKISTAN AGREES
1. "To withdraw it's troops from the territory of the
state of Jammu and Kashmir in seven weeks" As follows
:
a. During the first three weeks twenty infantry battalion,
plus the corresponding proportion of artillery and supporting
units.
b. During the following fortnight the remainder of the Pakistan
troops, with the exception of eight infantry battalions.
c. By the end of seven weeks, all Pakistan troops, including
their ammunition, stores and material, will have left the
territory of the state.
2. That having secured the withdrawal of the tribesmen from
the territory of the state of Jammu and Kashmir, it shall
secure the withdrawal of Pakistani
nationals still in the territory of the state and not normally
residents therein, who have entered the state for the purpose
of fighting."
THE GOVERNMENT OF INDIA AGREES
1."To withdraw the bulk of it's forces from the state
of Jammu and Kashmir in stages submitted by the Commission
shall have notified the Government of India. The withdrawal
will began as soon as the commission will have notified
the Government of India the tribesmen and Pakistan national,
not normally resident in Jammu & Kashmir territory who
have entered the state for the purpose of fighting, have
withdrawn and that the Pakistani troops are being withdrawn
from the state of Jammu & Kashmir."
TRUCE TERMS 28 APRIL
1949
"Pending
a final solution, the territory evacuated by the Pakistan
troops will be administered by The Local Authority under
the surveillance of the commission."
III (I.D) "Observers will advise the commission and
or the plebiscite administrator regarding developments the
sparsely populated mountainous region of the territory of
Jammu & Kashmir in the north (i.e. Gilgit Baltistan).Without
prejudice to the provision of point 8 of the resolution
of 5th January1949,showed the commission and or the plebiscite
administrator may request the Government of India to post
garrison at specified points."
BNF. By accepting this proposal in UNCIP, government
of Pakistan has proved herself as an irrelevant self- made
attorney for J & K generally and for Balawaristan (Gilgit
Baltistan) particularly. Some people including Supreme Court
of Pakistan resemble the long period of de-facto control
over this disputed area of state of Jammu & Kashmir
(Balawaristan), while neglecting their own grievances about
Indian de-jure and de-facto control over it's part of J&K.
They should go through the documents and truth recognized
by international community and even Pakistan itself. Besides
many examples, one such is
PAKISTAN CHINA AGREEMENT.
Pakistan-China border agreement on 2nd March 1963. Delimitation
and demarcation of Sinkiang-Kashmir (Kashmir was used to
Gilgit by both the signatories) border agreement article
No.6 is as under: "The two parties have agreed that
after the settlement of the Kashmir dispute between India
and Pakistan, the sovereign authority concerned will reopen
negotiations with the government of the Peoples Republic
of China on the boundary treaty to replace the present agreement."2nd
march, 1963. Though, in this fraud, ex-prate, illegal and
immoral agreement, Pakistan and China both accept and recognize
that Pakistan has no sovereign authority over the territory
of Balawaristan (Occupied Gilgit Baltistan).
Pakistan has no right
to handover 2500 sq.miles area to China, to link physically
by constructing road (Karakoram Highway) on the soil of
Balawaristan, for it's own vested interest. In an objection
letter against Pakistan and China agreement on 16th March
1963 to the President of Security Council, India declares
the China-Pakistan border treaty against UNCIP resolutions.
In a reply, the then Foreign Minister of Pakistan, Mr.Zulfiqar
Ali Bhutto, cleared the actual and legal position of the
said fraud treaty and said that "the boundary agreement
(between Pakistan and China) does not affect the status
of the territory of Jammu and Kashmir, it does not affect
the imperatives of demilitarization of the state. It does
not derogate one jot or title from the right of self determination
of the people." According to the above - mentioned
statement of Z.A.Bhutto in UNSC, government of Pakistan
does not have sovereign power nor the disputed nature of
Balawaristan has changed even after lapse of 52 years.
Moreover the Government
of Pakistan has admitted the right of self - determination
of 2 million people of Balawaristan (Gilgit Baltistan) .
According to it's meaning and definition the people of Balawaristan
are not bound to choice or select only Pakistan like other
People of Pakistan Occupied Kashmir (POK)
PAKI. COURT. In
the Supreme Court of Pakistan appeal No.33 - 1965 Noor Hussain
versus State case can be studied as follow: "Any territory
which does not constitute part of the Republic of Pakistan
is defined in the constitution of 1962 is a foreign territory."
The same situation applies for the constitution of 1973.
In another writ petition No.5961, 1978,in the Lahore High
Court, Dilawar Shah versus Judicial Commissioner (the then
judicial dictator of Balawaristan), Mr. Justice Javed Iqbal
decided that :
"Northern Areas (Balawaristan), which are administered
by the federal government directly are not part of any province.
These areas are also not included in the tribalareas list
as per 246 of the constitution, the learned counsel submitted
that under clause (d) article 1 (2) of 1973 constitution
above a territory can be included in Pakistan by "accession
or otherwise". The courts in Pakistan could consider
however, he conceded, that so far there is no such legal
instrument which is recognizable. Relying on Sakhi Daler
Khan versus superintendent in charge recovery of abducted
women PLD 1957 W.P.Lahore 813.We are of the view that constitutionally
we are unable to find any merit in this writ petition, which
is accordingly dismissed."16th May, 1981. In an appeal
No.11 and 17 0f 1994 Al-jahad Trust versus government Pakistan,
the observation of Supreme Court of Pakistan of 28th May
1999 is as under :
"It may be observed that the geographical location
of the Northern Areas (i.e. Balawaristan) is very sensitive,
because it is bordering India, China, Tibet and USSR, and
as the above areas in the past have also been treated differently,
this court cannot decide what type of government should
be provided to ensure the compliance with the above mandate
of the constitution, nor we can direct the people of Northern
Areas should be given representation in the Parliament as,
at this stage, it may be in the larger interest of the country
because of the fact that a plebiscite under the auspices
of the United Nations is to be held. In regard to the right
to access to justice through an independent judiciary, it
may be observed that the Northern Areas (Balawaristan) has
a Chief Court, which can be equated with a High Court,provided
it is manned by the persons of the stature who are fit to
be elevated as judges to any High Court in Pakistan.
It's jurisdiction is
to be enlarged so as to include jurisdiction to entertain
Constitutional Petitions inter alia to enforce the Fundamental
Rights enshrined in the constitution."
"We therefore, allow the above petitions and direct
the Respondent Federation as under: To initiate appropriate
administrative/legislative measures within a period of six
months from today to make necessary amendments in the constitution
/ rules / notification / notifications, to ensure that the
people of Northern Areas (Balawaristan) enjoy their above
fundamental rights, namely, to be governed through their
chosen representatives to have access to justice through
an independent judiciary inter alia for enforcement of their
Fundamental Rights guaranteed under the constitution."
PAKI. STAND. In this connection the statement of
Mr.Afzal Khan former Minister Kashmir Affairs and Northern
Areas (Balawaristan) Affairs (KANA) and Chief Executiveof
Balawaristan on 11th August 1996 is reproduced here as under
:
"If the opposition wants to give due status to Northern
Areas (Balawaristan) they must come forward, so that we
may amend the constitution to make Northern Areas (Balawaristan)
a legal part of Pakistan. Minister further said that Azad
Kashmir (Pakistan Occupied Kashmir) through self government
made tremendous socio- economic progress, whereas the Northern
Areas (Balawaristan) is still backward."
The statement of a high level representative of Pakistan
itself clears the illegal occupation and control of Pakistan
over Balawaristan (Gilgit Baltistan). It also indicates
the confession of the government of Pakistan of keeping
the area deprived from socio-economic progress intentionally
for the last half century. His statement also indicates
the design of Pakistan to violate United Nations resolutions
by merging Balawaristan into Pakistan without consulting
the will of the people.
PAKI. COURTI.
In another writ petition No.5961, 1978,in the Lahore High
Court, Dilawar Shah versus Judicial Commissioner (the then
judicial dictator of Balawaristan), Mr. Justice Javed Iqbal
decided that :
"Northern Areas (Balawaristan), which are administered
by the federal government directly are not part of any province.
These areas are also not included in the tribal areas list
as per 246 of the constitution learned counsel submitted
that under clause (d) article 1 (2) of 1973 constitution
above a territory can be included in Pakistan by "accession
or otherwise". However he conceded that so for there
is no such legal instrument as could be considered recognizable
by the courts in Pakistan. Relying on Sakhi Daler Khan versus
superintendent in charge, recovery of abducted women PLD
1957 W.P.Lahore 813.We are of the view that constitutionally
we are unable to find any merit in this writ petition, which
is accordingly dismissed."16th may, 1981.
OMBUDSMAN. In an order passed by Mr. Justice Usman
Ali Shah the then head of Federal Ombudsman of Pakistan
says, that according to international law "No taxation
without representation". The Income Tax Department
of Pakistan or Central Board of Revenue has no power to
apply taxes on Northern Areas (Balawaristan). But even then
the taxes are snatched from the people of Balawaristan (Occupied
Gilgit Baltistan) without giving them any representation
in the parliament of Pakistan or Local Government established
by complying UNCIP resolution. Even its integrity and sovereignty
is threatened by violating UNSC resolution.
PAKI. STAND. A
statement was submitted in Lahore High Court, by Deputy
Secretary Kashmir Affairs and Northern Areas (Balawaristan)
Affairs Division of Pakistan on behalf of Government of
Pakistan, submitted a statement against writ petition No.862,
1990. The Petition was filed by Mr.Qurban Ali, Adv. Shahbaz
Khan and Fida Mohammad Nashaad versus State of Pakistan
and government of Pakistan.
A paragraph of the said statement as under : -
"In terms of article 1 (2) of the constitution of Islamic
Republic of Pakistan, Northern Areas (Balawaristan) does
not form part of Pakistan.This area is linked with the main
Kashmir issue which is under consideration in the UN for
the last 50 years."
Second paragraph of his statement : -
"Grant of constitutional status tantamount to unilateral
annexation of Northern Areas (Balawaristan) with Pakistan,
which will be against Pakistan stand on Kashmir issue in
international fora." Of course, both of the above mentioned
paragraphs are the real elucidation of UNCIP resolution
with respect to the Kashmir issue. But in his next coming
Para Mr.Shahzad Iqbal being a most obedient servant of Pakistan
reveals the intention and Hippocratic role of his country
by neglecting UNCIP resolutions and international commitments.
Which totally contradicts his previous statements His statement
is as under :-
"Till decision of this dispute (meaning the whole J
& K dispute) government (Pakistan) is administering
Northern Areas (Balawaristan) in accordance with the provision
of United Nations Commission for India and Pakistan (UNCIP)."
impugned and immoral claim by Pakistan representative in
Lahore High Court to The justify the illegal occupation
of Pakistan can be observed by the following UNCIP original
text.
GENERAL PROVISION OF UNCIP
A. The territory evacuated by the Pakistan troops will be
administered by the local authority under the surveillance
of the commission.
B. Immediately upon the acceptance of these terms, the commission
would enter in to consultation with the Government of India
regarding the disposal of the Indian and state armed forces
and with the local authorities regarding the disposal of
the armed forces in the territory to be evacuated by Pakistani
troops, with a view to initiating implementations of point
4 (A) and (B) of the commission's resolution of 5th January,
1949.
C. If before expiration of the seven weeks contemplated
in point II.A decisions are reached in the consultations
for the initial implementation referred to in III.B above
the schedule of withdrawal of the Pakistan Army as provided
for II.A above may be extended to three months, in order
to facilitate the implementation of decision relating to
point 4 (b) of the commission's resolution of 5th January,
1949.
D. It will be made publicly known throughout the state of
Jammu & Kashmir that peace, law and order will be safeguarded
and that all human and political rights will be guaranteed.
E. Those terms are without prejudice the function and powers
of the plebiscite administrator.
PAKI. STAND. In the next Para Mr. Shahzad continues
his pretext like this and says : "While administering
Northern Areas (Balawaristan) in accordance with the provision
of UNCIP resolution in exercise of it's powers as provincial
government for the area had been extending federal laws
to these areas through special powers as are considered
necessary and expedient in public interest"
BNF. The truth is that, UNCIP provision does not
allow Pakistan to rule over the State of Jammu & Kashmir
and its strategically important part i.e.Balawaristan (Gilgit
Baltistan). According UNCIP provision or UN resolution,
Pakistan has no right to extend it's Federal or Provincial
or Military or any other laws to Balawaristan (O.G.B.).
KANA division or Parliament
or Judiciary of Pakistan or other judicial or administrative
/ representative of Pakistan based in Balawaristan (Occupied
Gilgit Baltistan) or Islamabad or anywhere in Pakistan suppose
to extend / exercise any ordinary or special powers to this
area, without popular will of the 2 million people of Balawaristan.
As far as the interest of the people of Balawaristan is
concerned, what the representative of Pakistan mentioned
in his statement before Lahore High Court, is malevolence
and baseless. Because no people of the world can stamp on
the orders of their slavery.
Nobody had shown his
interest for Pakistan's cruel laws and it's presence in
Balawaristan since 16th November 1947,treacherous entrance
in the name of religion. As far as Mr.Shahzad's statement,
that Balawaristan is not part of Pakistan and he has also
expressed the opinion and compulsion of Pakistan to grant
constitutional status to Balawaristan, his rejection the
rumours of previous accession of Balawaristan (OGB) with
Pakistan are concerned, are legally and historically correct.
In the light of the
above mentioned documental proof, what is the justification
for Pakistan, its arliament, civil and military administration,
judicial, force, intelligent agencies and other departments
to be involved in the matter of Balawaristan.As far the
interest of 2 million people regarding the exotic laws are
concerned, no such political party exists in Balawaristan,
which has never recognized the Pakistani setup and it's
laws. What say for a party every single person except ISI
agents is fed up with the Pakistani occupation, whether
he is educated or illiterate?
On 9th April 1993 all party conference was held first time
in recent Balawaristan political history, where more than
a dozen local based Pro-Pakistan religious and political
parties and pro-independent nationalist parties were gathered
under the leadership of pro - independent nationalist party,
Balawaristan National Front (B.N.F.).
They formed Alliance
and condemned the Pakistani occupation and it's system since
16th November 1947 unanimously; as a result Pakistan was
compelled to announce it's fraud package to overcome the
unrest. In 1998 Balawasristan Bar Council boycotted against
the so-called Chief Court (on contract base) for almost
a year, but nobody was bothered to listen to their grievances
against the corrupt and contract base head of the awkward
court. Who was deputed here by the minister KANA Division
after getting expired of his service and wealth in Pakistan,
to collect bribes from the simpleton people of this Heaven
on Earth? This head of Chief Court has more value then the
Bar Council and the people of Balawaristan in the eyes of
Pakistan. Was it in public interest, what the representative
of Pakistan stated before Lahore High Court?
PAKI. SUPREME COURT
Fauzia Saleem Abbas, a local lady and ex-Counsellor of Northern
Areas Council had filed a writ petition in the Supreme Court
of Pakistan against the denial of basic Human Rights to
the people of occupied Balawaristan (Gilgit Baltistan) in
1994. The writ, which was lying in the cold storage, was
brought forth in May 1999 and daily hearing was started
all of sudden, to overcome efforts by BNF to highlight the
issue of Balawaristan at international level. Last year,
Mr. Kofi Annan, UN Secretary General, and other member countries
were informed of the conspiracies of Pakistan and ISI against
the people of this disputed region. When Pakistan came to
know about it, the ministry for Kashmir affairs (KANA) was
directed by foreign ministry to arrest me dead or alive.
Later on a notorious smuggler and drug trafficker, of Gilgit
police, was deputed with this job by the ISI. I got informed
in time and reached a secret place.
Due to such international
reasons ISI, in order to save the face of Pakistan, activated
this file. The Supreme Court of Pakistan revealed that Pakistan
had deprived the people, of occupied Balawaristan, of their
basic rights for the past 52 years. Pakistan government
was instructed to make arrangements through amendment in
the constitution to grant basic human rights and the right
to govern, to the people of this region. I appreciate the
Supreme Court of Pakistan for it's confession regarding
denial of all rights but at the same time, I regret that
the highest court of Pakistan and it's judges might have
not thoroughly gone through the records of the UN resolutions.
According to UNCIP, Pakistan government cannot make any
amendments in it's constitution regarding a region prior
to the final settlement of Kashmir issue.
At the same time, how
can a court deliver any judgement for those areas, which
are out of Pakistani consitution and its jurisdiction. If
it is so, then why Balawaristan only, Pakistan's Supreme
Court should also emerge Indian Jammu & Kashmir (J&K)
through constitutional amendment. The judges of Supreme
Court of Pakistan should personally go through the UN record
comprising of 204 pages, so that they could know the reality
before delivering any judgement regarding the disputed areas
of Jammu & Kashmir (J&K) such as Balawaristan. If
a tradition of capturing disputed areas through courts is
initiated today, then any other power can also make Pakistan
as it's constitutional part tomorrow, because there are
several countries, which are more powerful than Pakistan.
BNF demands nothing but liberation from Pakistan. If Supreme
Court of Pakistan has any sympathy with the people of this
region, it can only be directed to the government of Pakistan
for it to comply to the UN resolution in this regard. It
will neither require any amendment in Pakistan's constitution
nor would it effect the Kashmir issue. Only Pakistani army
and evil bureaucracy involved in violation of the UN resolution
would be effected. Pakistani forces, agents and citizens
should be called back, the right of the local people as
given the name of "Local Authority" under the
surveillance of the UN be restored. In the UN resolutions,
it was also said that the sovereignty and integrity of the
disputed region would not be effected, while Supreme Court
of Pakistan is committing this offense.
What kind of punishment
has been given to the Government of Pakistan by the Supreme
Court for Human Rights Violation of the people of Balawaristan,
for the past 52 years ? What has the Court done to compensate
the 2 million people of this disputed region? Had the Supreme
Court gone through the statement of Shahzad Iqbal, Deputy
Secretary of Pakistan, made in Lahore High Court on behalf
of the government of Pakistan that, under article 1 Sub
Section 2 of the constitution, Balawaristan is not a part
of Pakistan. It has also been admitted by Pakistan Government
that granting of constitutional rights to Balawaristan by
annexing it with Pakistan would be against the Pakistani
stand adopted at international level. In an agreement, made
with China On March 3,1963, Pakistan described the areas
of Balawaristan as "Jammu & Kashmir" instead
of Hunza or Khunjrab (Balawaristan).
In 1978, Lahore High
Court in its judgement, declared Balawaristan (Occupied
Gilgit Baltistan) as part of Kashmir not of Pakistan.
Federal ombudsman of Pakistani Justice, Usman Ali Shah also
described the collection of tax by Pakistan as illegal referring
the international law, that "No taxation without representation."
Once upon a time, Mr. Afzal Khan, former Minister for Kashmir
Affairs, had stated in the parliament that Balawaristan
would be made as a legal part of Pakistan by amendment in
the constitution, if opposition was ready to do so.
A few years back, some personalities of Diamer District
had filed a writ in Pakistan Occupied Kashmir (POK) Muzzaffarabad
High court for the merger of 28000 sq.mile area of Balawaristan
in 4000 sq.mile area of Pakistan Occupied Kashmir (POK).
The chief justice,
Majid Malik, in his decision had instructed Pakistan Occupied
Kashmir's (POK) puppet Government to take over the administrative
control of Balawaristan and grant the rights to the people.
Sardar Qayyum, due to the fear of Pakistan, rejected the
decision of taking over the administrative control by its
Supreme Court, but the remaining full text of the decision
was also endorsed, that Balawaristan was a part of Jammu
and Kashmir. About the final settlement of the dispute of
this region, it is our concrete stand that we should like
to have no relationship with Jammu and Kashmir in the future,
if it becomes a slave to Pakistan. We would welcome it if
it attains freedom.
We are in constant
touch with those persons and parties of Jammu and Kashmir,
which do not play in the hands of ISI and struggle on their
own, instead of becoming agents of Pakistan for the freedom
of their motherland. Kashmiris having the similar views
are our brothers and we are also always prepared for all
kinds of political talks and bargaining with them. But the
real decision would be made by 2 million people of Balawaristan
(Occupied Gilgit Baltistan) only.
BNF. The first
representative of Pakistan (Sardar Alam) instead of discharging
his subsidiary duties in lending his hand in the administrative
affairs of a newly established Muslim state established
his evil designs to destabilize sectarian harmony. Since
then the innocent and simple people of Balawaristan (O.G.B.)
are being treated as subjugated slaves. Whenever the people
raise their voice against the violation of human rights
and cruelties, they are suppressed ruthlessly.
HUMAN RIGHTS.
Worst example of suppression was the incident of 14th August
1997, when the Pakistani law enforcing agencies opened indiscriminate
fire and lathi charged on the peaceful procession of Balawaristan
National Front (BNF), Karakoram National Movement (KNM)
and Peoples Party Shaheed Bhutto Group (PPSBG) and 53 were
arrested, among them 47 BNF, 5 KNM and 1 PPSBG throughout
Balawaristan and tortured them severely in different torture
cells, when they announced to observe "BLACK JUBILEE"
in spite of Pakistan Golden Jubilee in Gilgit. It may be
noted, that the police did not present the political detenues
before magistrate for physical remand as per Pakistani rules
and tortured them inhumanly, continuously for 16 days.
As a result I lost
my eardrum and my eyesight weakened, while Mr. Ali Haider
Taj the then president of PPSBG and the kidneys of Syed
Manzoor Hussain Of BNF were badly damaged. The other workers
body organs were also seriously damaged during torture.
Arrested political persons were charged state treason Pakistani
section 124 A as well as other heinous charges, where a
single charge specially state treason was not applicable
as the area was not a part of Pakistan. Here I would like
to recall the memory of the civilized world, the text of
the UNSC guarantee regarding the human and political rights
in the state of J & K including Gilgit Baltistan (Balawaristan).
UNCIP. "It
will be made publicly known throughout the state Jammu and
Kashmir that peace, law and order will be safe guarded and
that all human and political rights will be guaranteed."
BNF. According UNCIP resolutions of 13th Aug.1947
and 5th Jan.1949, to maintain law and order .is the duty
of the "Local Authority" but not the Pakistani
agents stationed in Balawaristan. Here I would like to draw
your attention towards the UNCIP's important resolution
regarding "Local Authority" in the Pakistani Occupied
Kashmir (POK) and Balawaristan (Occupied Gilgit Baltistan)
UNCIP. "Part II section A.3 of the resolution
of 13th Aug.1949 provides, that pending final solution,
the territory of the state evacuated by the Pakistan troops
would be administered by the "LOCAL AUTHORITY"
under the surveillance of the commission".
BNF. In the presence of all the above mentioned
commitment of UN and it's Security Council, what legal and
moral right is left to Pakistan to impose it's civil and
military administration in Balawaristan by violating UN
and UNSC resolutions, while UNCIP resolution also provides
guarantees of not prejudice to the territorial integrity
and sovereignty of the state of Jammu and Kashmir including
Balawaristan in it's general provision.
BNF APPEAL. I invite the attention of the UN and
it's member countries, UN Sub Commission for Human Rights,
Amnesty International, Asia Watch and other human rights
organizations to divert their attention towards the most
deteriorating human rights situation in this part of the
world i.e.Balawaristan (OGB). Because Balawaristan (Occupied
Gilgit Baltistan) is the only part of the world where the
occupied forces do not recognize human rights, while the
people in every nook and corner of the world enjoy and have
basic human rights. Two million people of this disputed
land have been deprived of all the basic, human, economical,
cultural and political rights for the last 52 years.
Due to such worst colonial
system imposed by the government of Pakistan, in the name
of religion, as a result 2 million people of Balawaristan
undergone worst life than the animals of civilized world
even in 21st century. No status was given to us, as was
proposed by the UN, stone age judiciary and administration
was imposed by usurper Pakistan and there is no sense of
human rights in this system which was also recognized by
the Supreme Court of Pakistan itself in May, 1999 in a verdict,
which was filed by some Pakistani agents. This is the part
of the world, where a highest court (Chief Court) was established
on contract basis, where no right of writ petition against
human rights violation is allowed, while death sentences
and other major punishments or awards are granted, without
any further appeal in any High Court or Supreme Court against
the illegal decision of a contract base retire Pakistani
person. Just imagine the designation of the head of this
court is not judge or justice but "Chairman" like
local bodies elected chairman.
HUMAN RIGHTS. I would like to put some glimpses
on few human rights violations in this part of the world,
where no human rights organization exists. Mr.Nazir Ahmad,
Kashorote Gilgit of grade 18 officer was tortured mentally
to death by a Pakistani agent Chief Secretary Mahmood Khan
and Home Secretary Nasir Ahmad and an unemployed youth Zakir
Hussain was murdered by a Pakistani Military Lt.Col.Qazi
Najeeb Pathan commandant of Chitral Scouts on 22nd Jun.1996,
while two innocent Gujars named Rehmat Wali and Satar from
Gilgit were murdered by police, but no cases could be filed
against these human rights violation in that type of contract
base court or anywhere.
LIST 1. NINE UNEMPLOYED YOUTH WERE KILLED BY ISI AND JAMAAT
- E - ISLAMI AT THE BORDER, WHEN THEY REFUSED TO CROSS THE
LOC FOR TERRORIST ACTIVITIES, IS ALSO ATTACHED WITH THE
LETTER TO THE CHAIRMAN OF UN HUMAN RIGHTS GENEVA INSTEAD
OF REGISTERING A CASE AGAINST ISI AND JAMAAT - E - ISLAMI,
THE KINS OF THE DECEASED WERE THREATENED BY THE OCCUPIED
PAKISTANI FORCES.
LIST 2. 28 YOUTH WERE SENT ACROSS LoC BY ISI FOR TERRORIST
ACTIVITIES AS A RESULT THEY WERE KILLED BY INDIA ARMY. THE
LIST SHOWN INTH THE H. RIGHTS CHAPTER. ONE ZAKIR HUSSAIN
FROM ASTORE WAS KILLED BY PAKISTANi ARMY LIEUTENANT COLONEL
QAZI NAJEEB ON 22nd JUN,1996 IN DEGREE COLLEGE GILGIT WHEN
HE (THE DECEASED) APPROACHED FOR RECRUITMENT IN A PROPOSED
LOCAL FORCE.
THE KILLER WAS ADMIRED BY PAKISTAN ARMY, BUT THE LOCAL PROTESTORS
WERE ARRESTED AND CHARGED BY IMPOSING SECTION 124 A,WHO
WERE DEMANDING THE ARREST OF THE MURDERER LT.COL.QAZI NAJEEB.
BNF APPEAL. We
appeal to the world to put pressure on Pakistan to stop
humiliation of 2 million people of Balawaristan (OGB) and
give them worldly admitted right of freedom by holding referendum
under the control and command of UN after pulling out Pakistani
forces, administration, it's armed Pathan civilians, Afghan
and Pakistani Taliban, Kashmiri and other terrorist groups
and their master the ISI, for free, fair and impartial referendum.
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