# POJKFacts No Azadi in Azad Jammu and Kashmir: A territory illegally occupied by Pakistan

 

 

Jammu and Kashmir was one of the princely states that acceded to India in 1947, hence, a geographical area of approximately 2,22,236 sq. km became an integral part of it. But in 1947, Pakistan invaded the State and illegally occupied 78,114 sq.kms. of land of Jammu and Kashmir, which is still under its illegal occupation. Pakistan has divided this territory into two regions, which it called Azad Jammu and Kashmir (Mirpur and Muzaffarabad) and Northern Areas (Gilgit-Baltistan) for building certain myths and consolidating its own sway over it. Azad Jammu and Kashmir (AJK) is that phrase that Pakistan uses to hide the atrocities that it has been committing in this region. These regions are actually called Mirpur and Muzaffarabad. In this article, a clear picture of Mirpur and Muzaffarabad is given to prove that this region is devoid of the so called Azadi (freedom) that Pakistan wants to convey.

 

Mirpur and Muzaffarabad region is spread in an area of 13,297 sq. km. and it is nothing more than the tightly controlled territory that Pakistan has occupied illegally. Though Pakistan calls it Azad (Free) yet it is farther from the truth. Certain facts will clear the myth of freedom in Mirpur and Muzaffarabad:

 

• Jammu and Kashmir was one single entity before 1947 and it was ruled by Maharaja Hari Singh of Jammu and Kashmir. Though the Instrument of Accession (IoA) was signed by Maharaja Hari Singh in favour of India yet Pakistan invaded the state and illegally occupied a large tract of land. The areas that Pakistan calls AJK and Northern Areas (Gilgit-Baltistan) were under the rule of Maharaja Hari Singh during British period and hence, it is the legitimate part of the entire State of Jammu and Kashmir that acceded to India.

 

 

• The relationship between Islamabad (capital of Pakistan) and Muzaffarabad (capital of Mirpur and Muzaffarabad) is like a master and servant, as the overall control of the region remains in the hands of Pakistan. Under Article 56 of the 1974 constitution, Islamabad has overwhelming power to dismiss even the elected Government of Mirpur and Muzaffarabad . This provision reads, nothing shall “……… prevent the Government of Pakistan from taking such action as it may consider necessary or expedient for the effective discharge of that responsibility”. Also, with the commencement of 1974 interim constitution, the main executive authority in Mirpur and Muzaffarabad rests with the Council, wherein the Pakistan Prime Minister is the Chairman. This has helped Pakistan in tightly controlling the political voice in Mirpur and Muzaffarabad and encouraging Islamabad stooges to hold the power.

 

• Maharaja Hari Singh was the only competent authority for accession of Jammu and Kashmir. Pakistan allows only those political parties to contest election who support accession of Jammu and Kashmir to Pakistan though they are not legally competent for it.

 

• Pakistan tried to divert the attention of the international community from that entire region of Jammu and Kashmir, which it has occupied illegally. Hence, it segregated Mirpur and Muzaffarabad from Gilgit-Baltistan. By segregating illegally occupied territory of J&K into AJK and Northern Areas (Gilgit-Baltistan) Pakistan has also tried to build the opinion that Gilgit-Baltisan was not the part of Jammu and Kashmir though it is not true. Their segregation is a manoeuvre of Pakistan to avert any consolidated movement against it. Political parties from Pakistan were allowed to contest elections in Gilgit-Baltistan but political parties from Mirpur and Muzaffarabad were not allowed for the same. Even March 8, 1993 judgement of Mirpur and Muzaffarabad High Court declared that the segregation of Northern Areas from Mirpur and Muzafarrabad was illegal.

 

• Pakistan media and scholars close their eyes on socio-economic ravage of this region and tried to give impression that everything is right. Pakistan ceded the territory of Jammu and Kashmir to China without consulting its stooges in Mirpur and Muzaffarabad Government though Pakistan was not competent for it.

 

• The construction of Mangla dam displaced several Mirpur and Muzaffarabad residents, especially Mirpuris whose entire colony was submerged into water. This dam was constructed for the benefit of Punjab province of Pakistan. Over 280 villages and the towns of Mirpur and Dadyal were submerged and over 1,10,000 people were displaced from the area as a result of the dam being built.

 

• A small portion of budgetary finances of Mirpur and Muzaffarabad are met through local taxes and finances from federal government but it is heavily dependent on funding from foreign agencies, which is channelized through Islamabad.

 

• The preamble of Mirpur and Muzaffarabad constitution reads that the state of Jammu and Kashmir under the instrument of partition should have formed the part of Pakistan, as majority rather predominant part of its population, is Muslims though this provision was applicable only on British India and not on the princely states. This also reflects the greater control of Pakistan on Mirpur and Muzaffarabad.

 

• The political parties of Mirpur and Muzaffarabad are governed by section 33 of the AJK Act, which states that “no person or political party in Azad Jammu and Kashmir shall be permitted to propagate against or take part in activities prejudicial or detrimental to the ideology of the State’s accession to Pakistan”. Article 5 (b) section (vii) of Mirpur and Muzaffarabad Legislative Assembly Election Ordinance, 1970 states that a member will be disqualified from contesting election if “he is propagating any opinion or action in any manner, prejudicial to the ideology of Pakistan, or the sovereignty, integrity of Pakistan”. It means no one dares to raise voice against the atrocious Pakistan or else he would be persecuted.

 

• Sub clause 2 of sub-section 7 of section 4 prohibits all individual and political parties “not to propagate or take part in activities prejudicial or detrimental to, the ideology of the State’s accession to Pakistan. The future status of the State of J&K is yet to be determined in accordance with the freely expressed wishes of the votes of the people till then, the ideology of State’s accession to Pakistan is final and the same cannot be questioned”. This also clearly depict that Pakistan has complete control over Mirpur and Muzaffarabad. Section 9 of the Political Parties Act restricts and recommends dissolution of any party that “propagates any idea other than the accession of the State to Pakistan”.

 

• The state subjects are not allowed to criticize the J&K territory’s incorporation in Pakistan, cannot demand reunification of Gilgit-Baltistan with AJK, cannot advocate independence as an option, cannot criticize the partition of India and cannot criticize armed forces of Pakistan. This tightly control mechanisms clear reveals that the freedom in Mirpur and Muzaffarabad is only the lip service given by Islamabad.

 

• The pro-Pakistan leaders in AJK promulgated two ordinances in April 1985 that allowed the cancellation of the registration of those political parties of AJK, who do not secure 12.5% of total valid votes cast, and less than 5% of the aggregate of the valid votes in each district, besides cancellation of its elected members from being members of the Assembly. The AJK High Court called these ordinances as bad laws, as it infringes on the fundamental rights.

 

• In 1991, the Chief Secretary of AJK Government, who was direct appointee of Islamabad, ordered the arrest of Mumtaz Hussain Rathore, who was then the Prime Minister of so called AJK for his anti-Pakistan remarks and call for real freedom in the state.

 

• The pro-independence parties have never been allowed to participate in the election as they refused to take oath under the constitution to work for the State’s accession to Pakistan. The decision was defended by the spokesperson of the foreign office in 2006 by saying that Mirpur and Muzaffarabad elections are governed by the constitution of AJK. Around 30 nomination papers of each JKLF and All Party National Alliance candidates were rejected by the election commission on the basis of it. The JKLF leader Sardar Saghir Khan objected to it and called this provision controversial as Islamabad gives final approval for adding this controversial provision.

 

 

 

The nature of the Islamabad is such that even the elected government cannot dare to go against the wishes of Islamabad and still Pakistan tries to present Mirpur and Muzaffarabad as Azad (freed). Unfortunately, the nomenclature is an eye-wash for international bodies and the reality is far away from what Pakistan is trying to present. Ironically, the tightly controlled media and restrictive coverage on the plight of residents of Mirpur and Muzaffarabad has helped Pakistan in hiding the reality of this region.