The road to peace in Afghanistan goes through Kashmir: Barrister Sultan

Dr. Muhammad Ayyub Thakur, the first of four children, was born in 1948 in Pudsoo village near Shopian, in the Pulwama district of Kashmir. It was 1973 when I first heard that Dr….

One of the darkest chapters of Indian judicial partiality was left hanging half closed and banging in the wind when Major Avtar Singh, the killer of internationally known human rights activist and Chairman of Kashmir Commission of Jurists, Advocate Jalil Andrabi, was found dead after he killed his wife and two children, and finally himself this past Saturday morning, June 9, 2012, in Selma, California. Avtar Singh, a fugitive from justice, who lived in the hot dry central California community, a suburb of Fresno, was clearly haunted by his past, a past that had seen the blood spilled of more than one man by his own hands. He had killed four others to hide the murder of Andrabi, and now he had killed his own family.  

In killing Jalil Andrabi, Avtar Singh certainly did not act on his own volition. He was only a major.   His act was no doubt a response to orders from above and occurred in a longstanding climate of impunity that the Indian army enjoys in Kashmir.   The Armed Forces Special Powers Act, which gives any Indian soldier the right in Kashmir to take a Kashmiri’s life under any circumstance, has enabled such a climate for decades.  And Jalil Andrabi had become a hated, despised man by the Army, a man dangerous to the status quo of continued murder and torture that had been taking place in Kashmir’s jails, interrogation centers and detention facilities for many years.  

Washington, D.C. February 15, 2104. “Our efforts should be to persuade the world community including the United States to urge both India and Pakistan to include the leadership of the people of Jammu & Kashmir in the negotiations to peacefully resolve the dispute over Kashmir. When we talk of Kashmir, we talk of the sentiments and enormous sacrifices made by the Kashmiri people during the past 67 years for a cause dear to all inhabitants, be they Muslims, Hindus, or Buddhists. It is time that both India and Pakistan realize that until the Kashmiri leadership is included in the peace process, these negotiations between India and Pakistan may not lead them to any logical conclusion,” said Dr. Ghulam Nabi Fai at a seminar, held at Holiday Inn Hotel and organized by Kashmir Form, Washington, D.C.

Do you know what’s happening in Kashmir? The evolution of the right of self-determination has been one of the great normative narratives of the twentieth century. It was part of the visionary contributions…

Dr. Ghulam Nabi Fai
Secretary General
World Kashmir Awareness

Washington, D.C.
July 10, 2014

On July 8, 2014, the Spokesman of Indian Ministry of External Affairs made a formal statement saying, “As far as we (India) are concerned the UNMOGIP (United Nations Military Observer Group in India & Pakistan) has outlived its relevance. This is a consistent stance that we have articulated on several occasions since the Shimla accord.”

What is the legal ground of the spokesman’s pronouncement? Christopher Hitchens has made it easy to understand when he said; “”Perhaps you notice how the denial is so often the preface to the justification.” And George R.R. Martin confirms it by saying “Most men would rather deny a hard truth than face it.”

The spokesman has conveniently forgotten that India and Pakistan are signatories to various United Nations Security Council resolutions. These resolutions constitute an agreement because, unlike most resolutions of the Security Council, their provisions were first negotiated with the parties and, it was only after their written consent was obtained that they were adopted by the Security Council.