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http://www.cifjkindia.org http://www.cifjkindia.org/main/cifjki_petition_000.html June 1, 2003
To:
Mananiya Shri Atal Bihari Vajpayee
The Prime Minister of India
South Block, New Delhi, India-110 011.
Subject:
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Trust that the ‘UNANIMOUS RESOLUTION’ of the
PARLIAMENT OF INDIA about Jammu and Kashmir (dated
February 22, 1994) is respected.
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Mananiya Pradhan Mantriji:
We have written to you earlier as well regarding the
Jammu and Kashmir imbroglio. Our previous
letters/petitions to you, to the Parliament of India
and to the President of India in this regard are
available on the Internet at the above-mentioned
Internet web link.
We want very much to believe that our nation’s destiny
is safe in the hands of the Government of India.
However, we cannot help but be alarmed by the
Government’s conflicting stand that (a) there can be
no talks with Pakistan till it stops terrorism in
India and (b) talks with Pakistan can be held without
any such pre-condition.
The GoI may have a certain calculated strategy in
positioning itself in such a contradictory manner, but
such conflicting positioning does not inspire the
confidence of a large number of people of our great
nation. As an indicator of the loss of confidence such
contradictory positioning precipitates, I draw your
attention to the following two articles, available on
the Internet at the following Internet Reference URL:
http://www.rediff.com/news/2003/may/31arvind.htm http://www.rediff.com/news/2003/apr/29arvind.htm We strongly share the concerns expressed in these
articles.
I alert you to the fact that the people of our great
nation will not accept any treaty with Pakistan that
is not authorized by the Parliament of India, which
has UNANIMOUSLY resolved in its RESOLUTION in the Lok
Sabha dated February 22, 1994 that:
"The state of Jammu & Kashmir has been, is and shall
be an integral part of India and any attempts to
separate it from the rest of the country will be
resisted by all necessary means;
India has the will and capacity to firmly counter all
designs against its unity, sovereignty and territorial
integrity; and demands that -
Pakistan must vacate the areas of the Indian State of
Jammu and Kashmir, which they have occupied through
aggression; and resolves that - all attempts to
interfere in the internal affairs of India will be met
resolutely."
[Reference:
http://www.cifjkindia.org/main/legal_docs_006.html] Mananiya Pradhan Mantri Ji, the above RESOLUTION
remains in force as of today and expresses the
collective will of the world’s largest Democracy. No
Government, no Prime Minister can ever be above this
resolve.
Many of us are amazed by the failure of each
Government, one after another, to internalize the
Jammu and Kashmir imbroglio. The J&K issue is a purely
internal matter and it is our failure to Consolidate
First the Integration of Jammu and Kashmir in the
Republic of India that has provided continuous
opportunity to Pakistan to carry out unabated
terrorism in India and fancy territorial gains for
itself. The ‘Instrument of Accession’ by the State of
Jammu and Kashmir is not merely the only legal process
through which the State’s position could be
determined; this position has been endorsed by the
expression of Free Will of the People of the State of
Jammu and Kashmir and articulated in Section 3 of the
Constitution of the State of Jammu and Kashmir.
[Reference:
http://www.cifjkindia.org/main/legal_docs_004.html]. India has failed to stop Pakistan propaganda about the
‘wishes of the people of Jammu and Kashmir’ despite
the fact the these wishes, in favor of integration in
India, expressed clearly already as noted above, have
been firmly endorsed by world leaders
[
http://www.cifjkindia.org/main/wlop_000.html]. Furthermore, India has failed to expose Pakistan’s
hypocrisy that it does not, in fact, support ‘Freedom
of the Kashmiris’, for which it provides no room.
[Reference:
http://www.cifjkindia.org/main/hmcpjk.html#tagUNResoln1949] Mananiya PradhanMantriJi, we urge you to deal with
Jammu and Kashmir as India’s internal issue. The State
must be treated as any other State in the Republic of
India, having the same status as other States. This
requires abrogation of the anachronistic Article 370,
which can be done as per the procedure described in
the Petition we have submitted to the President of
India and sent to your office as well.
[Reference:
http://www.cifjkindia.org/main/cifjki_petition_007.pdf] I recall with great pride that it was your question to
the then Prime Minister of India in the Lok Sabha Shri
Jawaharlal Nehru, to which he answered “Article 370
ghiste ghiste ghis jayegi … ”. “Article 370,” he
reminded the house, “is a part of certain
transitional, provisional arrangements. It is not a
permanent part of the Constitution. It is a part so
long as it remains so.”
[Reference: “370 Meant To Be Eroded” Author: Virendra
Parekh, Publication: The Weekend Observer, July 1,
2000].
While what one might mean by 'Compromises' regarding
the J&K imbroglio remains unclear, the following
points must be taken into account if any compromise
involves accepting the LoC (Line of Control) as IB
(International Border):
1) Musharraf's regime has its own count down in
progress even as Pakistan itself is perhaps a decaying
state. Getting into 'Talks' and/or ‘Treaties’ with a
crumbling leadership and a decaying State is not a
good idea. It may not be backed up by future regimes.
(Reference:
http://www.rediff.com/news/2003/may/14claude.htm) 2) There is enormous resentment against Pakistan's
governance in PoK region. There is therefore
absolutely no need to write off this region. Some
political leaders of this region are yearning for
freedom and progress, and in fact willing to “go with
any nation” that will help them get their human
rights.
(References: see Appendix AG6 at
http://www.cifjkindia.org/main/cifjki_petition_007.pdf & also
http://www.cifjkindia.org/main/jk_pok_000.html) 3) Toward the retake of the Indian region of J&K which
currently occupied by Pakistan (PoK), consideration of
the welfare of the people of PoK must be the factor of
foremost importance (as per above point number 2), but
also to be taken into account is the cost-economics of
surrendering PoK to Pakistan, accentuated by the
revenue the Indian Himalayan (Karakoram) Peak K2
generates. Some indication of the revenue Pakistan
generates from the K2 Peak can be obtained not merely
from the revenue generated by China from Manasarovar
visits, but also from Pakistan-Tourism sites at:
http://www.terrafirmatravel.com/treks.php3?tid=46 http://www.everestnews.com/k2c1.htm http://www.k2adventurestore.nl/index.html 4) As a long term concern, India must develop a clear
vision and strategy to recover the Indian territory
beyond LoC occupied by Pakistan (and also, eventually,
the Indian portion of Ladakh occupied by China, at
least along the lines suggested in the post-script
footnote in the article at:
http://www.cifjkindia.org/main/carpi_003.html 5) Leaders of both India and Pakistan have given very
tangible reasons to reject LoC (Line of Control) as IB
(International Border):
See: (5a) Vajpayee rejects LoC as international
border
http://www.tribuneindia.com/2002/20020917/main1.htm (5b) Musharraf rejects LoC=IB
http://news.indiainfo.com/spotlight/indo-pak/13reject.html Dubai: On the eve of his crucial Summit with
Prime Minister Atal Behari Vajpayee, Pakistan
President Pervez Musharraf has rejected both the
Shimla agreement and the Lahore declaration.
He has also ruled out any move to legitimise the Line
of Control (LoC) as the international border between
India and Pakistan.
''Anyone, any leadership in Pakistan that
makes any agreements, any deals where Kashmir is
sidelined, I can say with full certainty, that
declaration, or that treaty, will never go forward
because the people won't let it go forward. And that
is why the Shimla agreement and the Lahore declaration
did not move forward,'' Musharraf told the Dubai-based
'Gulf News' as he prepared to embark on his historic
visit to India.
He said both the Shimla agreement and the
Lahore declaration did not make any progress because
they avoided the ''core'' issue of Kashmir between the
two countries.
Referring to the talk of converting the LoC
into the international border between the two
countries, Musharraf asserted that no Indian
government should expect any Pakistani leader to
accept status quo.
''LoC is the problem. What is the freedom
struggle going on about? It's about the LoC. It's the
problem not the solution. How can the problem be the
solution,'' he said.
Musharraf said ''respecting the LoC is a
different matter, accepting it as a permanent solution
is another matter. That (the July 4, 1999 Washington
agreement during the Kargil conflict) does not mean he
(former Premier Nawaz Sharif) accepted or we accepted
that the Kashmir dispute is over and the LoC is
permanent.''
6) The UN does not have the means to enforce law and
order in the world. UN never found the Accession of
J&K to India as illegal, yet could do nothing about it
except to merely pass delayed resolutions, which it
had no means to implement. (Reference: See
Question-Answer No. 10 at:
http://www.cifjkindia.org/main/jkfaq.html) 7) Most importantly, the UNANIMOUS RESOLUTION of the
PARLIAMENT OF INDIA must be respected.
(Reference:
http://www.cifjkindia.org/main/legal_docs_006.html ) We appeal to you that the solution to the Jammu and
Kashmir imbroglio does not lie in ‘Talks’ with
Pakistan – which it does not understand – but in
having ‘Talks’ within the Parliament of India and
asking the Parliament to defend if and how Article 370
is good for the People of Jammu and Kashmir and asking
an explanation for why this ‘Temporary’ and
anachronistic should not be abrogated to complete the
integration of the State.
Finally, I repeat my deep concern shared by a vast
number of people of our great nation, which I had
voiced in my previous letter (dated June 3, 2001) to
you:
Jammu and Kashmir is a(our) national heritage. It must
be preserved as such for posterity. It is a
historical, cultural, legal, constitutional integral
part of India. Its comprehensive integration and
development is our collective responsibility.
With warm regards,
Pranawa C. Deshmukh
Convener, CIFJKINDIA (
http://www.cifjkindia.org) Coordinator - J&K Project, Bharat Awareness Forum,
1765 Lazy River Lane, Atlanta 30350 USA
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Letter, by Fax to:
Prime Minister, Shri A.B.Vajpayee
91-11-2301-9545 / 6857 / 9334 / 4255/
Copy, by Fax to:
President of India
91-11-23017290 & 11-23017824
Copy, by Fax to:
Vice-President of India
91-11-23018124
Copy, by Fax to:
Speaker, Lok Sabha
91-11-23792927
Copy, by Fax to:
Home Minister Shri L.K. Advani
91-11-2301-7419 / 2309-4221
Copy, by Fax to:
Minister for Defense,
Shri George Fernandes
91-11- 23015403
Copy, by Fax to:
Minister for External Affairs,
Shri Yashwant Sinha
91-11-23794181
Copy, by Fax to:
HRD Minister
Shri MuraliManohar Joshi
91-11-2338-2365 / 2371-1772
Copy, by Fax to:
Task Force on Management of Defense
91-11-2301-0950
Copy, by Fax to:
Embassy of India,
Washington DC, USA
1-202-9397027
Copy, by e-mail to:
High Commission of India to UK
cgi@congend.demon.co.uk indian@consulate.fsnet.co.uk Copy, by e-mail to:
Indian Embassy at Washington, DC, USA
indembwash@indiagov.org sarna@indiagov.org 
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