Kashmiri leader Dr Syed Nazir Gilani, Chairman International Kashmir Alliance and advocate Supreme Court has rejected President Musharraf's proposal pertaining to the resolution of Kashmir issue. President Musharraf in his interview to a private Indian channel NDTV has listed the four-point agenda to solve Kashmir problem.
It embeds that Pakistan shall give up its claim on Kashmir and would not support self-determination and has discounted 'Azadi', the Kashmiri leader observed. Gilani, who is also the Secretary General of Jammu Kashmir Council for Human Rights, said Musharraf's formula and the manner of its expression invalidates or is a cause to seek an invalidation of a constitutional relationship between the government of Azad Kashmir and the government of Pakistan.
He pointed out that it also invalidates the Karachi agreement of April 1949 signed by the government of Azad Kashmir and Muslim conference on Gilgit and Baltistan. "These two administrations of Jammu and Kashmir do not have any accession with Pakistan. Government of Pakistan has assumed obligation under United Nation Commission for India and Pakistan (UNCIP) resolutions and Karachi agreement."
"Never in the 129 year old history of our struggle for justice since 1877 have we been so unsure, helpless, exposed and ready to list our services not for ourselves but for others, as in the last 16 years from 1990," he added.
"Pre 1990 and post 1990 Kashmir represents two time zones in our character and thinking. We seem to have lost faith in our cause and are not interested to keep a vigil on our self respect", he stated in a statement issued here.
"President Musharraf has offered to 'give up' Pakistani claim on Kashmir. Fair enough. But he has equally proposed a 'joint control' and has ruled out any 'Azadi' for the people of Jammu and Kashmir".
"The buzz word in the Kashmiri politics supplanted and supported by Pakistan in the last 16 years was 'Azadi'. Common man and woman were encouraged to endure the loss of their sons and daughters, unprecedented sufferings and destruction of all kind in the valley."
"First of all Pakistan has to step away from its constitutional position under article 257 of the constitution. How far, a change of course set by the constitution would be backed up by the military ranks and the civil political forums is too early to judge", he further pointed out. Gilani expressed the view that Musharraf has frustrated peace efforts undertaken by Benazir Bhutto and Nawaz Sharif around Kashmir.
"He called Benazir Bhutto a security risk and Nawaz Sharif 'soft' on Kashmir. He is mindful that Kashmir sustains the weight of military bureaucracy". The theory and practice of the government of Pakistan on self-determination of the Kashmiri people is flawed at core, he maintained.
"India cannot meet the Musharraf's desire to make any changes in the borders or yield Azad Kashmir and Gilgit and Baltistan to Pakistan, in theory. Pakistan has a de facto control of these two administrations and as long as India keeps her claim in theory, she has a bilateral agreement with the people of Kashmir".
"The people of Kashmir have been recognised as a subject of 'self-determination' under UN resolutions. They have to remain vigilant to seek the best out of the four available jurisprudence arising out of, (a) instrument of accession with India, (b) UN resolutions, (c) constitutional arrangements between Azad Kashmir/Gilgit and Baltistan and the government of Pakistan and (d) bilateral agreements between India and Pakistan".
"The question that begs an answer is. Would Kashmiris Negotiate or Be Negotiated?" To be able to negotiate they shall have to look for the relief that could be structured arising out of the four available jurisprudence", the Kashmiri leader opined.
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