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The League is dead, long live the United Nations

Justice Retired Muzaffar Ali

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united nations general assembly
UN Photo/Manuel Elias

Our world has witnessed thousands of wars throughout human history but World War I is described as the war that will end all wars. By the time it ended, more than 16 million men, women, children, and soldiers were dead. The League of Nations was established with the aim to prevent a repeat of such a calamitous war. However, the League of Nations neither managed to prevent invasion by Japan on Manchuria nor could stop the annexation of Ethiopia by Italy, or that of Austria by Adolf Hitler. Its powerlessness caused its demise in the year 1946. Lord Cecil closed the assembly with the last words “The league is dead, long live United Nations.”

 Nazi Hitler, fascist Mussolini caused WWII, the same end in the year 1945. America used the atomic bomb against Japan, destroyed two cities of Hiroshima and Nagasaki, and got the title of first and last country to use atomic bomb in human history. The world leaders again think of a global forum. UNO was established. Its charter gives a mandate to the Security Council to prevent “aggressions” either through peaceful means or by using force.

The Security Council has five big countries as permanent members vested with veto power. America is a “pivot man” in. The primary role of the Security Council is to settle issues among countries, which might be a “threat” to world peace and security. UNO, under its security council, solved many issues. Alas! Kashmir and Palestine issues since 1948 remain unsolved agenda on the table of the Security Council.

On Kashmir, both India and Pakistan are claimants. India entered its army into, with the plea that maharaja Kashmir has made a “succession deed” with. Pakistan claimed over Kashmir as 98% of the Muslim population has chosen Pakistan. Both faced armed conflicts over Kashmir. Indian PM Nehru went to the UNO seeking its help. Pakistan also agreed on role of UNO in settling the issue.

Security Council probed into the issue, passed eleven resolutions. Conclusions drawn as (a) armed conflicts in Kashmir are a real threat to “world peace and security”. (b) Rejected respective claims of both countries, (c) accepted the right of self determinations of Kashmiris. (d) Both the conflicting countries waived their respective claims and conceded a plebiscite under the auspices of the UN.

Security Council failed in the implementation of its resolutions on Kashmir, since 1948. India introduced article 370 to its constitution, gave a special status in reference to the so-called “instrument of accession by maharaja”. This article was also in violation of the Security Council’s resolutions.

Rashtriya Swayamsevak Sangh (RSS) with “Hindutva” ideology is established in India on the pattern of Nazism of Hitler. Modi leads the Bharatiya Janata Party (a wing of RSS) in government. He has thrown Security Council resolutions on Kashmir. He deleted article 370, discarded the so-called “accession instrument”, turned Kashmir into a big jail. Imposed longest curfew. He himself went to America. America received Modi as a Victor. Trump joined a public audience arranged by Modi, raising his hand in hand with Modi lauded “great people of India and America are fighting against Islamic extremist terrorism.”

What prevents Modi, from genocide and kidnapping Kashmiris and from violation of conclusions in the security council resolutions, when the top “pivot man” of Security council welcomes him, closing the eyes towards the aggression by Modi? While it was required to suspend the membership of India in UNO and disallowed Narendra Modi to attend the annual meeting for his barbaric activities, atrocities as an aggressor in Jammu & Kashmir state.

MR. Khan, the premier of Pakistan, well defined Islam as a religion of peace and as “Islam is one”. These terrorist groups, unguided and ignorant Muslims were given birth to, by America initially, do not represent Islam. Muslim states encountered them particularly; Pakistan has lost at least 70,000 civil and military persons. The world knows what kind of role India played except false blame against Pakistan for the intrusion of so-called terrorists into LoK just to mislead the world opinion against the indigenous liberation struggle of Kashmiris. But Donald Trump gives a pave to India by saying that “both America and India are defending their borders from Islamic terrorist”.

Trump tried to conceal his favor to India by arranging a meeting with Mr. Khan but soon disclosed. When a news correspondent asked him a question like “Mr. President Do you give equal place to an aggressor and an oppressed?” Donald Trump got confused and turned the question into a giggling atmosphere.

The world must understand “League of Nations” could not prevent Hitler, Mussolini and other dictators from their ambition to expand their territories and also failed to prevent victors of   WWI from extraordinary claims using the league in this regard consequent upon league became dead. It is also irrebuttable that, United Nations has been made by the victors of WWII and the Security Council gives permanent membership to those countries.

At present, Modi has turned the subcontinent into an active volcano and if United Nations and superpowers remain spectators then, not only the subcontinent but the entire world might face its burst as Modi could attack even control line with the pretext of terrorism as Trump has given him the license. If the subcontinent is caught by the fire of war, the world order could be changed and the UN might lose its mandate and history could be revised with the word “United Nations Organization is dead” as lord Cecil once said, “The League of Nation is dead”.

Justice Retired Muzaffar Ali has served as the former judge of the Supreme Appellate Court of Gilgit-Baltistan. After his retirement, he regularly writes about the legal aspects of the constitutional rights of Gilgit-Baltistan.

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Federation of Pakistan has no way but to implement Supreme Court directives

Justice Retired Muzaffar Ali

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Supreme Court's Decision about Gilgit-Baltistan

The constitutional status of Gilgit-Baltistan is as old as the Kashmir issue. The people of Gilgit-Baltistan liberated their motherland from the illegal occupation of Maharaja Regime. People constituted a local government in the region thereafter, newly created Muslim country Pakistan extended its de-facto jurisdiction over the region but again attached Gilgit-Baltistan to the Kashmir issue.

State of Jammu & Kashmir, ruled by Maharaja before the partition of Indo-Pak, divided into three parts main portion was captured by the Indian army which is still called occupied Kashmir. A small portion thereof was liberated by the Kashmiris with the help of tribal men, which is called Azad Jammu and Kashmir. The third is GB region which is also considered disputed under Security Council resolutions.

Since all the above mentioned three parts were claimed by both the countries, Pakistan claimed entire Jammu & Kashmir state to be its part as per partition agenda agreed upon by the parties while India claimed the Kashmir state as per so-called accession deed made between India and Maharaja Kashmir.

Kashmir issue prevented the two neighboring countries from friendly relations rather thrown them into wars against. That is what the situation became hurdled for both the countries to declare, the parts of Kashmir state in their de-facto control, to be their integral parts.

India gave a special status to occupied Kashmir under Article 370 of the Indian constitution while Pakistan also awarded special status to AJ&K through an Act of parliament. People of AJ&K have their own Constitution but unfortunately, Gilgit-Baltistan ruled by executive “Orders” imposed from time to time by the Federal Governments in Islamabad, despite a persistent protest against.

The Federal Governments deprived people of Gilgit-Baltistan from their fundamental and constitutional rights, as such there remained nothing but to invoke the jurisdiction of “Supreme Court of Pakistan” hence the issue was taken to Supreme Court and got a verdict from there with the directions to provide fundamental rights safeguarded by an independent Judiciary guaranteed by constitution even if needed to emend the continuation of Pakistan but the verdict given by august “Supreme Court” in well-known case “Al-Jihad Trust” was turned no ears by the Federation for decades.

Thereafter, many petitions under Article 184(3) were submitted before Supreme Court even the federation itself filed a petition before against an order passed by the Supreme Appellate Court GB whereby, “Executive order 2018” was suspended. The Supreme Court heard all the petitions about the constitutional status of Gilgit-Baltistan pending before, after getting legal assistance of learned Attorney General, counsel for petitioners and even getting the assistance of senior jurists as “amicus curiae”.

During pendency, a committee headed by learned Attorney General submitted a new “proposed order 2019” before august Supreme Court. The honorable Court with the assistance of all the jurists appeared in the case and honorable Attorney General once again visited through the proposed “order” modified and sanctioned it by annexing the same with the judgment announced on 17-01-2019 as part of it and directed forthwith promulgation of the same by the President of Pakistan on the advice of the Federal Government and in any case within a fortnight hereof;

The Federal Government, either on one or another pretext did not comply the mandatory directive of august Supreme Court and used delay tactics to abuse the process of law apparently submitting applications to get an extension of time to advice President of Pakistan to promulgate the attached order.

The honorable Supreme Court did not extend any further time on the application submitted before the Court and during the pendency of the application the Federal government again has taken a U-turn by filing another application to amend the “annexed order 2019”.

The situation jolted bar counsel and other bar associations in GB to resist mala fide move of the Federation and their representatives appeared before on the date of hearing.

The plain reading of the judgment, I have come to the conclusion that the federation cannot introduce an amendment to the “GB Order 2019” unless the same is promulgated by the President, thereafter to the Federation can introduce amendments within the ambit of the directive (II) of SC in its judgment. The amendment application submitted without first compliance of the directives issued by the Supreme Court amounts to contempt of court.

The situation, in this case, is parallel with that situation once has arisen in judicial history when PM Yousaf Raza Gillani using executive tricks impliedly refused to comply the directives issued by the august Supreme Court and had to face contempt of court and resultantly lost his premiership.

During proceedings on 22-05-2019 although the honorable judges (as reported in the newspapers) showed their annoyance through their remarks it seems honorable judges acted upon the principle of judicial restraint, otherwise the Federation might be taken for contempt of court.

In further proceedings, if the Federation insists its plea of the amendment and also requests for getting further time to send its advice to the president for the promulgation of the proposed order which is annexed to the judgment that the legal status may turn towards contempt of court.

The federation must understand that the honorable court has provided judicial imprimatur and permanence to the proposed “order” and restrained the executive from their whimsical interferences and awarded unassailable judicial protection to the people of Gilgit-Baltistan in the cited judgment.

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Crown on the Head of Pakistan

Justice Retired Muzaffar Ali

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Force Commander FCNA Major General Ehsan Mehmood

Recently, Force Commander FCNA Major General Ehsan Mehmood addressed a public gathering in Skardu on the eve of solidarity with people of Occupied Kashmir, illustrated Gilgit-Baltistan as “Head of Pakistan”, and hailed the people living therein with the title “Crown on the Head” of Pakistan.

The signification of the people of Gilgit-Baltistan with the words that, none other anywhere in Pakistan, is more loyal and patriotic to Pakistan than that of the people of Gilgit-Baltistan. He uttered these words with a commanding and responsible impression on his face. I borrowed the words of the general for the title of this article.

Indeed, the golden words vocalized from the mouth of the Force Commander Federal Constabulary Northern Areas are recognition and admiration of the people of Gilgit-Baltistan by Pakistan Army, of their allegiance to Pakistan. The able military general, from the day first of his
posting, has shown his love and affection to the people of Gilgit-Baltistan.

He is known to be in reach, to help and to meet grievances of needy people, when, and where his help is requested. The instant example I read in social media and in newspapers, seems great to help a convicted person Baba Jan who is suffering from heart disease in jail. The person was met and shifted CMH Gilgit for his treatment properly on the orders of the Force Commander FCNA himself.

The commander hugs underprivileged and poor in the streets and gives them a sense of protection. The general, in fact, act on the principle that, no army, how much strong it may be, cannot defeat the enemy unless the civil population joins in hand with the army. The positive attitude extended by the force commander is exemplary to other high ups serving in Gilgit-Baltistan. They should also behave alike and avoid a colonial mentality.

Irrebuttable, the other aspect of positive behavior of this man shines and transpires his clear concept of understanding the geopolitical importance of the region. Geopolitical location of the region makes it a gateway to the regional powers, having approaches with each other.

Gilgit-Baltistan is bounded with China, Occupied Kashmir and Afghanistan. A little strip of Pamir prevents to bound this region to south Asian states. Geopolitical importance of the region remains as important today as it was important for the British Government in India because of USSR. The Russian government might penetrate into British India through this region with the intention to spread communist ideology at that time.

Today the superpowers like the USA are worried about China Pakistan Economic Corridor (CPEC) between China and Pakistan. The burning of the Indian government and her cries are witnessed from media.

Besides all the above geopolitical importance, if the only issue of water shortage is discussed then too this region having not any less importance for Pakistan. The experts have given their opinion on the subjects that; Pakistan fastly travels towards dryness in the country. Prime minister of
Pakistan also has warned the nation in this regard. Pakistan has the only region, to which nature has bestowed with abundant water reservoirs. Lofty snow clad mountains and huge range glaciers therein are the only hope for Pakistan to meet the severe situation of a shortfall of water in future.

This region is called Gilgit-Baltistan which has been kept disputed by relating the same to Kashmir issue. The present status of GB needs to be reconsidered by the responsible quarters and think tanks in Pakistan, even if, they could not traverse from their previous stance, then; they should realize the ambition of people of Gilgit Baltistan as their fed up to the teeth with the present colonial setup. people of Gilgit-Baltistan want a constitutional status in Pakistan. At least, add power to the status
to occupied Kashmir by enemy country India or the status given to Azad Jammu and Kashmir by Pakistan.

The recent verdict given by the Supreme Court of Pakistan can be cited in this regard wherein a safe way out has been directed to follow the recommendations given by the Sartaj Aziz Committee. The federation can
make a provisional province of Gilgit-Baltistan pending disposal of Kashmir issue by amending the constitution as the Supreme Court has categorically held in his verdict that, a provisional province pending disposal of the Kashmir issue is not fatal to the Kashmir issue.

Before departing, I invite the attention of the commander FCNA and 10 core commander to use their good offices to convince federation of Pakistan and the opposition to solve this problem of Gilgit-Baltistan which is in fact the Pakistan’s own problem if deeply understood the issue, keeping in view the importance of the region in present scenario stated above.

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