Copyright. All rights reserved. Ram Jethmalani. 2017.
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It has been my declared ambition of life to see India and Pakistan locked in a genuine embrace of mutual love and understanding and become together a bulwark of World Peace. Sitting in the departure lounge of God’s airport my hope of success is fast fading out. I am in a hurry and I must declare my last wish and testament for my friends in Pakistan who care to listen and ponder.
Indian statesmen despite serious objections from many influential sections of our people decided not to become a Hindu state. It was not an easy decision to make when the demand of partition was wholly based on the ambition of Muslims to constitute an Islamic State. Many Muslims residing in Indian part would have migrated to their new homeland but for the surprising Indian decision not to act in anger and retaliation. I am quite sure that almost all the Muslims who did not migrate to the homeland of their dreams and creation because of this adorable decision of Indian statesmen. I have been and remain proud of this. Secularism is the rule of reason over blind faith and the triumph of science over superstition. I am glad our leaders understood the oceans of innocent blood that had been shed in the name of religion in the long history of our sorry world. I know that Muslims now citizens of India obviously unanimously want India to be a citadel of secularism. The few malevolent hypocrites are hoping to make India too an Islamic State. The ISIS certainly harbours this evil ambition. These are certainly some Muslim traitors who secretly share the ISIS evil ambition but fortunately they are few and almost harmless.
I am disappointed that the hope of a friendly and peaceful coexistence which had almost died out seemed to be coming back to life when Modi ji and Nawaz Sharif Saheb met in the city of Ufa in Russia. A vain hope was flickering in some hearts but not in mine. I know that when they are far away from their countries and they know that at home a mere assertion have been misreported is a complete defence and convincing excuse.
It has not been more than a couple of days for our borders to become a hot territory of unprovoked tiring cross border terrorism. India has already threatened an ‘effective and forceful response’. It is a small mercy that the armed forces on both sides are a little reluctant to die without good cause. The devilish orders of their army bosses would not even ensure a gate pass to heaven. Before the horrendous mutual killings start let me recall few well known facts of history:
1. It was agreed that on the partition of India coming into-force the hundreds of semi independent states will become free from British paramountly and the rulers would become sovereign masters of their future destiny in the Indian sub-continent.
2. The State of Jammu & Kashmir have been a peaceful state and though with a Muslim majority with a Hindu ruler.
3. He was busy negotiating a standstill agreement with India and Pakistan when Pakistan organized armed raiders entering the state and taking the state by force in complete defiance of rules of International Law or decency. Maharaja the legal sovereign invited Indian help which was readily made available and the Maharaja signed an instrument of the State accession to India.
4. Legitimate Indian force recaptured occupied territory and the intruders pushed back compelling Pakistan to sue for peace and ceasefire. The foolish Pandit Nehru accepted this and a good chunk of the state remained in Pakistan control. They call it Azad Kashmir. Under the law of nations it remains illegally occupied territory.
5. India’s title deeds to the whole of the state are completed, de-jure. Even de-facto they are perfect with regard to the territory now part of Indian Jammu and Kashmir.
6. India has not been serious in claiming the area called Azad Kashmir and by us the Pakistan Occupied Kashmir.
7. We took the matter to the United Nations. They passed some resolutions the main one being a plebiscite. But this was to be held after every intruder vacated the POK and Indian Flag flew over the whole state. Pakistan had no hope of winning while Shekh Abdullah was alive and his loyalty to India undiluted.
8. The state created its own Constituent Assembly to frame a Constitution that separate Constituent Assembly, not the one which was framing or framed the Constitution of India” made the State a part of India and adopted some parts of the Constitution of India as applicable to the State. Article 370 of the Indian Constitution reflects the near sovereignty of the State. India cannot change the Constitution of India or that of the State without the consent of the Constituent Assembly of the State.
9. In 1965 the military of Pakistan decided to capture the State again by force. It was a shameful act of aggression and repugnant to modern International Law and the U.N Charter. The illegal and aggressive attack failed. Peace accord was signed under Russian auspices and its terms are simple but eternal in effect. Called the Tashkent-Declaration it ordained that neither party shall attempt to change the status-quo by force or war and will even refrain from propaganda for changing it.
If Pakistan wants change it can only be by litigation in the International Court Of Justice. Is Pakistan Ready? A peaceful dialogue between two brothers is the only solution. Any war method will be suicide, for both or one, providence will decide.