KASHMIR SITUATION

Disunity in Hurriyat 

PTI Report, Srinagar, 17 December, 1995

The All Party Hurriyat Conference (APHC), the apex conglomerate formed a little over two years ago to co- ordinate the various political and militant groups in Kashmir, is passing through a difficult phase and cracks within it are apparent.

The main reason behind this, as observers feel, is lack of unity within the umbrella, even on its prime demand of independence or direct annexation with Pakistan. Some parties entirely sponsored by Pakistan are in favor of the so-called direct annexation, while some support the demand for independent Kashmir.

The third option, right of self-determination, however, is confined to the so-called charter of Hurriyat.

Speaking to reporters, Gulam Nabi Sumzi, vice-president of Muslim Conference, one of the main constituents of APHC said that his party never favored the call for independence. "We favor Kashmir's annexation with Pakistan, while Jammu be merged with India and Ladakh is asked to decide their fate," Sumzi said. Sumzi, a former Assembly member, also emphasized that the demand for independence should be dropped as it is not feasible. However, the lobby supporting independence, mainly constituting of leaders like Abdul Gani Lone and Yaseen Malik, dismisses Sumzi's remark as baseless. The other main reason for the chaos and confusion within the organization is the fear or militant's gun, which has suddenly turned its barrel towards the leaders of APHC or their kins.

The recent killing of Abdul Razak Mir, a former MLA and a leader of pro-Pak Jamaat-e-Islamia, and Mr. Sultan Bhat, brother of senior Hurriyat leader Prof. Abdul Gani Bhat, has struck terror within the faction.

"Although they (APHC) blame security forces for the killings, there is enough proof that Prof. Bhat was killed by Hizbul Mujahideen," says a senior leader of APHC who did not want to be named. He said the reason behind the killing was that Prof. Bhat had been a staunch supporter of independence.

The kidnapping of a senior Hurriyat leader, Mr. Abdul Gani Lone, a few months back in Anantnag and the recent abortive attempt on his life or launching of rockets at the house of acting chairman Syed Ali Shah Geelani has put an average Kashmiri in a dilemma.

Sensing trouble, the chairman of the APHC, Mirwaiz Umer Farooq has decided to keep armed security guards from J&K police for his personal safety. APHC is also not acceptable to several militant outfits who feel that the organization is headed by political leaders believing in machinations and not in gun culture.

Sahid-ul-Islam, chief of Hizbullah outfit, in his latest release labelled some leaders as manipulators who are using the so-called ongoing movement for their own political gains. Another serious crisis which is brewing in the Hurriyat... is about the accountability of foreign funds directly paid to them and kept as a guarded secret and giving representation to communities in other parts of region. Fight is also on among political and militant wings of various constituents. The militant wings allege that funds meant for them are kept secret and are not being used for the intended purpose.

Recently some militants from Lashkar-e-Tuiba, comprising entirely of foreign mercenaries, (admitted) during interrogation a conspiracy to eliminate Geelani, alleging that he had misused funds to the tune of Rs. 5 crores.

6- Point Indira Gandhi-Sheikh Abdullah Pact of 1975

Summary of Agreed Conclusions:

·       J&K, which is a constituent unit of the Union of India, shall in its relations with the Union continue to be governed by Article 370 of the Indian Constitution.

·       The residuary powers of legislation shall remain with the state; however, Parliament will continue to have. power to make laws relating to the prevention of activities against the sovereignty and territorial integrity of India.

·       Any provision of the Indian Constitution which had been applied to the state with modifications will be altered or repealed by presidential order; but provisions already applied without modification are unalterable.

·       The state will be free to have its own legislation on matters like welfare measures, cultural matters, personal law and procedural laws. The State government can review the laws made by Parliament or extended to the State after 1953 on any matter relatable to the Concurrent List and may decide which of them needs amendment or repeal. In future the state government shall be consulted regarding the application of any such law to the state.

·       Any law made by the state legislature seeking to change any provision of the state constitution relating to a) the appointment, powers and immunities of the governor; b) the control of elections by the Indian Election Commission, eligibility for inclusion in the electoral rolls without discrimination, adult suffrage and composition of the Legislative Council will need the president's assent.

·       No agreement was possible on the question of nomenclature of the governor and the chief minister. (Sheikh Abdullah wanted the titles to the Sadar-e- Riyasat (head of state) and Wazir-e-Azam (prime minister).