By the end of the British rule in the subcontinent, Congress was expecting rule over United India, exclusively. The struggle failed when the Muslim League hit the nail on the head. Lastly, under compulsion of the situation, the Hindu leaders agreed on the partition of the subcontinent half-heartedly. But, showed their true colors and attempted encroaches, captured Junagarh State, and intruded the Indian army into the State of J&K under the cloak of “accession deed” by Maharaja Kashmir. Kashmiris stood against with arms, liberated a portion of the State, and proceeded to repel the Indian army from occupied J&K. Nehru, facing the defeat, went to the UNO with a complaint. The matter was referred to Security Council to investigate under chapter-VI of the UN Charter.

The Security Council, on the basis of reports received, declared the situation “likely to endanger the maintenance of international peace and security”. It formulated a peaceful settlement and passed various resolutions from 1948 up to 1998, wherein, the Security Council rejected the contention of India to occupy Kashmir on the basis of so-called accession deed but, accepted the democratic right of people of J&K, and determined, “the future of the state of Jammu and Kashmir shall be decided through the democratic method of a free and impartial plebiscite conducted under the auspices of United Nations.”

All the resolutions and the reports of the Security Council witness that, India waived its contention of accession and accepted the democratic right of plebiscite in the State of J&K, as the right of self-determination of Kashmiris either to opt Pakistan or India. Waiver: is a legal term. The dictum amounts to “promissory estoppel.” Despite being estopped, India gave a broad hint in article-370 of its constitution. The plain reading of the same jolts a reader’s mind while reading the word “accession deed” in it and it sounds powers of the Indian president about the accession of the State to the dominion of India. In fact, article-370 in the constitution of India was the first step to digest the entire state of J&K.

India showed her true colors and the black day, 5th August 2019 reached. India trashed all the resolutions made by Security Council and also buried her own pledge to Security Council. Merged the entire J&K State and even region of Gilgit-Baltistan and Azad Kashmir is declared as an integral constitutional part of it. Denied working boundary and control line, dragged its international boundary with Pakistan up to the province of KPK in its “New Political Map” recently published.

The above illegal act of India is, in fact, a denial of the UN Charter and also, is a threat to world peace. The Security Council must, in all conscience, was to use its powers under chapter-VII of the UN Charter and, at least, had to impose sanctions under article-41 of the same but, the Security Council of UNO seems to be a spectator without any action which amounts implied acquiescence.

The Kashmir issue, in fact, is between India and Pakistan as an unfinished agenda of partition. Quaid-e-Azam called Kashmir as jugular vein of Pakistan. Both the countries were party before Security Council with their own contentions. India was standing as claimant of Kashmir State on the basis of accession by the Maharaja Kashmir but, the Security Council rejected India’s stance of accession while, Pakistan’s stance before the Security Council was that, the people of Kashmir are willing to be part of Pakistan which is still standing and the security council also accepted the contention of Pakistan after introducing the peaceful method of the plebiscite by Kashmiri people.

All the above stated illegal measures adopted by India are having no foundation as India has already abandoned its contention of succession deed in favor of India but Pakistan, it takes such measures to hold the State of J&K as an integral part of Pakistan, then neither the measures can be called against any resolution nor India has any right to object the scheme, because, since 1947, people of Kashmir have struggled and sacrificed their lives for Pakistan. Even, since 5th August 2019, the inhabitants in Kashmir did not accept their status of union territory given to the region. The occupied Kashmir is cordoned by the Indian army and facing severe atrocities but to my surprise, the government of Pakistan ceremoniously tackles the latest development in the State of Kashmir with some agitations.

The government of Pakistan needs to frame a think-tank committee consisting of intellectuals who have deeply studied the Kashmir issue since 1947 up-to-date. Required recommendations of well-versed institutes of Kashmir studies and serious decisions are needed to be made by revamping Kashmir policy. Otherwise, with the passage of time, the trickery India would be succeeded to gain the confidence of the world to pretend the State of Kashmir is its integral part and also, can attempt aggressive actions against Gilgit-Baltistan and Azad Kashmir, claiming the regions as an integral constitutional part of India.

In my opinion, after a thorough study of at least all the documents relevant to the Kashmir issue and to spike India’s guns, it is important to declare the entire J&K State, including the occupied J&K, as an integral constitutional part of Pakistan to catch the Modi in the net he knitted against Pakistan. The new constitutional amendments can be covered by a proviso with the effect that the new constitutional settlement would be operative pending disposal of Kashmir issue under the method of plebiscite in Kashmir introduced by Security Council in its resolutions. It is worth mentioning here that, just protests against the illegal occupation of Kashmir are not sufficient to awaken the conscience of superpowers unless a big serious action, like merging the state of Kashmir into Pakistan constitutionally, is taken.

A statement was given by the Prime Minister of Pakistan Mr. Imran Khan, during his last address to an election audience in Azad Kashmir. The statement is queer in the context of the Kashmir issue. The historical studies of the issue reveal the complicity of the same as it has not only caused wars between the two countries but also, involved the Security Council of UNO.

The Security Council, realizing the threatened issue which “might, by its continuance, endanger the maintenance of international peace and security”. Keeping in view the urgency, the Security Council recognized the right of plebiscite in Kashmir in its resolutions. Unfortunately, the Security Council failed to implement its resolutions, and India recently invented a false device to digest the entire Jammu & Kashmir in derogation of resolutions passed by.

Though the Modi government has made the J&K is an integral part of the Indian constitution both, Kashmiris and Pakistan, rejected the one-sided decision of the Modi government. Kashmiris denied the sovereignty of India over Kashmir and are continuously in a state of agitation. The deplorable aspect of the new situation is that the permanent members of the Security Council except for China, do not take care of the defaming attitude of Modi’s government, rather they show a criminal silence on the breaching of Security Council resolutions by India.

Dormant world attitude strengthened Modi to retain its illegal occupation over J&K and also, to make malafide plans against Azad Kashmir and Gilgit-Baltistan. Indeed, Pakistan struggled diplomatically to awaken the sleeping conscience of world powers with full strength. In this regard, our prime minister’s address, before the general assembly, can be cited as the strongest version before the world at large about the Kashmir issue, but it seems difficult to jolt the collective conscience of the world.

In the supra situation, the task seems difficult to circle India to agree for a plebiscite in Kashmir unless the superpowers do not make India realize the chips are down. I have no option but to be stunned on how the Prime Minister gave the sweeping statement about plebiscite in Kashmir and if, I come out of my astonishing state of mind, feeling optimistic about backdoor diplomacy which compelled Mr. Modi to double back on its tracks Honestly speaking, if the statement of Prime Minister is not only for the sake of winning the elections in Azad Kashmir but if, it is a policy statement on the Kashmir issue, then the same is a big achievement of the present government on the diplomatic front, same can be appreciated as a solution of chronic issue of Kashmir.

Still, the second part of the statement about the referendum in Kashmir after the plebiscite strikes the mind of a common prudence person. A plebiscite in Kashmir can be made only under the auspices of UNO and there is no other option for the Kashmiris but either to vote for Pakistan to integrate with or to vote in favor of India.

The Kashmir issue between India and Pakistan is as old as the United Kingdom wrapped, its colonial rule over, from the sub-continent. Indian army illegally occupied Jammu & Kashmir valley under the cloak of giving a false color to the accession of Kashmir by Maharaja, but the people of Kashmir never accepted the sovereignty of India over their motherland.

The second part of the statement given by the prime minister about the referendum in Kashmir, after taking place the plebiscite under the supervision of UNO, seems more difficult to understand and quake once mind with some difficult questions which are as under; (a). If the plebiscite is conducted, it is obvious that the people of Kashmir would choose Pakistan for being its integral part and consequently, the J&K state would be merged into Pakistan.

India has to quit from occupied Kashmir, then, under what circumstances a new referendum needs to be made to offer the people of Kashmir to reaffirm the option, either they want to live with Pakistan as its integral part or they want a newly independent state to establish, particularly, when the people of Kashmir would have given their option to remain with Pakistan as its integral part under the constitution in the plebiscite? (b).

After the plebiscite, the people of Kashmir become citizens of Pakistan and the J&K territory comes within the ambit of the constitution and even then if they are given the option to establish a new independent state then would it not strengthen the other separatists in various constitutional units of Pakistan?

Nothing is secret today as the enemy countries, particularly, India and Israel have succeeded to make small pockets of separatists which, although, have no strength to damage the unity of Pakistan but, if Kashmiri people are given an option either to remain with Pakistan or to establish an independent state, might be a strong illustration for them to work for their ulterior motive of separatism in other parts of the country. These questions raised in this article demand critique from intellectuals.