Omar’s Statement

A historical distortion, India should call a bluff-PK

KS Correspondent

November 2010

JAMMU, Oct 9: Panun Kashmir has strongly condemned the recent statement of Chief Minister Omar Abdullah vis-a-vis accession in the Legislative Assembly and termed it a historical distortion to re-open the settled issue of accession in an attempt to deflect the attention of the people from the failure of the state government. Panun Kashmir also expressed concern that none of the Law Makers in the Assembly contested the distortions with historical facts.

Addressing a media conference, Prof MK Teng, Chairman Panun Kashmir Advisory and Constitutional and Historical expert on Kashmir, alongwith Chairman Panun Kashmir Dr Ajay Chrungoo, Chairman Maharaja Gulab Singh Chair Jammu University Prof. Hari Om and PK General Secretary Sh Kuldeep Raina, said, “The recent utterances of the Chief Minister of Jammu and Kashmir about the accession of the state with India on the floor of the assembly reflect a wilful attempt to distort the historical reality and reopen the settled issue of accession”. Dr. Teng described it an attempt of the Chief Minister to deflect the attention of the people away from what the Union Government called “governance deficit”. Referring to the Chief Minister’s claims about signing instrument of accession that also conditionally and not “the Instrument of Merger”, Prof. MK Teng said, “we want to bring on record that Jammu and Kashmir was not required to sign the instrument of merger, which was actually known as the Instrument of Attachment. This Instrument of Attachment was drawn up by the State department of the Government of India for the integration of the smaller princely states into administratively viable union of smaller states”.

Prof. Teng, who has authored many books, reiterated that the Maharaja Hari Singh signed same Instrument of Accession that the other large princely states signed and there wee no promises attached to it and NC or any other leader were not party to it as they had no locus standi in it. “It needs to be reiterated ambiguously that Maharaja Hari Singh, the ruler of Jammu and Kashmir, signed the same standard form of Instrument of Accession that the other large princely states had signed earlier. The accession of state to India was instrument executed by Hari Singh, and the National Conference leaders or any leader in the state were not party to it because they had no locus standi in the matter, nor did it required or receive as a condition for such requirement the endorsement of the National Conference or the people of the state”, he said.

Dr. Teng said that the Instrument of Accession was not subject to any condition and at the time of  accession there were neither such demands nor any such promises by the Central leaders. . He said, “The Instrument of Accession was not subject to any condition and led to the irreversible unification of the state, its territories, its people, it assets and instruments with the state of India. At the time of the accession for the state to the Indian Dominion, the ruler of the state or the rulers of National Conference did not demand any special constitutional status for the state. Nor did the Government of India, Nehru or any other Indian leader give any promises to the National Conference which assured the state any special constitutional provisions”. He further added that there is no such document available even in the Indian office Library, Indian office documents, National Archives or State Archives to prove otherwise. The Panun Kashmir leader said that at the time of the transfer of power, Sheikh Abdullah was in jail and was freed only in September and he called a meeting of NC after his release that supported accession of the State to India.

Prof. Teng described the special status for the state an outcome of the blackmail of National Conference and added that no Central leader even Nehru was willing to accept it and the Article 370 was incorporated as temporary and transitory provision with National Conference party to it. “The special status for the state was mooted by the National Conference after the United Nations brokered cease-fire was brought into force on 1 January, 1949. Those days, during the autumn of 1949, when India was under heavy pressure in the Security Council, where the British and the Americans were frantically trying to induct a plebiscite Administrator in the State, the National Conference resorted to brazen political blackmail to exclude Jammu and Kashmir from the Constitutional Organisation of India. Despite all this, the GoI decided to incorporate Article 370 into the Indian Constitution as a temporary and transitory provision with the National Conference a party to it”. He said. Prof. Teng added that the Constituent Assembly debates on the issue are a testimony to the fact that all the four member belonging to Jammu and Kashmir—Sheikh Mohd. Abdullah, Mirza Afzal Beig, Maulana Masoodi and Moti Ram Baigra-endorsed the stand of the Government of India. Prof. Teng said that no Indian leader willingly accepted the special status and even Jawahar Lal Nehru is on record to state that he cannot accept the exclusion of the state from Constitutional Organisation of India and deprive the people of the state of Fundamental Rights and Directive Principles but the NC leaders threatened to resign from the Constituent Assembly and India succumbed to the blackmail.

Prof. M.K. Teng described the Constituent Assembly of the State as creature of Indian Constituent Assembly and said that when Sheikh Mohd. Abdullah talked of Plenary powers of the Constituent Assembly of the State he was laying the foundation of Independent Kashmir and in the same way Omar Abdullah is reiterating the stand of Pakistan.

Prof. Hari Om, a prolific writer and Chairman Gulab Singh Char, University of Jammu, accused National Conference of talking lies and said that NC has history of telling lies and Omar Abdullah started his 6th October statement with a lie. He asked Omar Abdullah to produce documents than telling lies as agreements are always in written format. Recalling his presentation during a seminar in 1997, Prof. Hari Om said that he challenged NC to produce documents of 1952 Delhi Agreement and offered his support to NC if the document was produced but AR Rather admitted that there was no such agreement but a statement.

Chiding National Conference for raking up the issue of “erosion of autonomy”, Prof. Hari Om said that after coming to power in 1975 Sheikh Mohd. Abdullah constituted a three member committee headed by DD Thakur and G.N. Kouchak and GM Shah as itsother members to look into the issue of erosion. Prof. Hari Om added that the Committee presented two reports; while DD Thakur report described the application of the Central laws beneficial for the people of the state and the Kouchak—Shah report talked of erosion but Sheikh Abdullah accepted DD Thakurs recommendations. He said that since 1975, 18 Central laws including POTA were extended to the state in the NC regime and the NC has no moral authority to talk of the erosion.

Supporting MK Teng’s assertion that special status was the outcome of black mail, Prof. Hari Om said that the father of the India Constitution, B.R. Ambedkar was also opposed to any such provision. He added that it is well reflected in the assertion of B.R. Ambedkar to Sheikh Mohd. Abdullah. “You want India and Indian to defend Kashmir. You want Kashmir and Kashmiris to exercise all rights all over India but you don’t want India and Indians to exercise same rights in J&K. I am the Law Minister of India I cannot by a party to such a act of betrayal of the national interest”.

Without naming BJP, Prof. Har Om regretted failure of Law makers to contest the distortions with the historical facts. “Our problem is our law makers. Either they are ignorant or remained deliberately silent. Instead protesting the next day, they should have contested the statement of the CM on the floor of the house,” he regretted.

Chairman Panun Kashmir Dr. Ajay Chrungoo described Omar Abdullah’s statement an attempt to undermine the accession and asked Government of India to contest such distortions.

“It is our firm view that the raking up of the issue of accession at this juncture has nothing to do with creating normalcy in the state. Instead, it is aimed to act as a psychological fuel to the intifada on the ground in Kashmir valley and destabilise the situation further to promote separatism based on religious considerations. We strongly urge the Government of India to call the Chief Minister bluff and defeat the political blackmail aimed at disrupting the unity and integrity of India in Jammu and Kashmir,” said Dr. Chrungoo.


Panun Kashmir demands relief to flood victmis

KS Correspondent

JAMMU, Aug 23: Panun Kashmir expresses deep concern over the losses caused by the recent flash floods, particularly in Mishriwala and Purkhoo Camps and demanded immediate relief.

Addressing a press conference Chairman PK Advisory, Dr MK Teng, PK General Secretary Sh. Kuldeep Raina, President ASKPSC ON Trisal and camp representatives Sh. Anil Koul, Ramesh Razdan said that a  five member delegation of the organisation—Sh. Kuldeep Raina, Sh. B.L. Koul, Sh. Satish Sher, Sh. P.N. Raina and Sh. S.K. Handoo-visited the camps and were shocked at the trail of destruction caused by the flash floods and added that the natural fury has added to the miseries of the exiled people, who are already in destitute and administrative apathy has compounded their agonies. The organisation demanded a relief package for the victims at the earliest and all those measures shall be initiated at the war footing to save these camp dwellers from the spread of any epidemic and prevent such losses in future.

The organisation also condemned the recent anti-national activities in Jammu and Delhi and disapproved all those acts aimed at bailing out the terrorists and anti-national elements.

Panun Kashmir appealed to all the nationalist forces including Kashmiri Pandits in any profession not to indulge in any such activity that exonerates the terrorist and communal forces who are hell bent to destroy the national sovereignty and pluralistic structure of the country.

Panun Kashmir reiterated its demand of delinking Prime Minister’s Employment package at the earliest and appointment and adjustment of these candidates in Jammu migrant offices as the situation even demands shifting of the community employees from Valley who are unable to perform their duties in the given situation.