Mehbooba under delusion that without ‘prominent’ Kashmiris, plebiscite petition can’t be filed in Court. By Hem Raj Jain

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The war of words is going on in regional J&K and national Indian media between Kashmiri leaders and BJP leaders (most of the anchors and jingoist political commentators in national media on BJP’s side) on the statement issued by PDP President and former Chief Minister of J&K Mehbooba Mufti as given also at - (https://www.dailyexcelsior.com/pak-stakeholder-on-kashmir-mehbooba/  and https://www.news18.com/news/politics/mehbooba-says-use-of-brute-force-to-solve-kashmir-issue-ridiculously-naive-gautam-gambhir-responds-2170841.html). The BJP is saying that - [Mehbooba should remain within her limits (meaning within subjects pertaining to the State of J&K) and should not interfere (especially when she has lost Parliamentary election from J&K) with matters pertaining to Union of India (meaning foreign affairs related to Pakistan) and Mehbooba Mufti to term Union Home Minster Amit Shah's process as ‘brute’ is ‘ridiculously naïve’ and history has been witness to our patience and endurance but if oppression ensures security for our people, then so be it].

Mehbooba is right in describing Pakistan as a ‘stakeholder’ in ‘Kashmir problem’ hence demanded to involve Pakistan too in solving Kashmir problem. Pakistan is stakeholder for the simple reason that the fate of entire J&K (on both sides of LoC) is to be decided by plebiscite as mandated by ‘Instrument of Accession’ (IoA) as mentioned in my online writ petition dated March 25, 2019 to J&K high Court as given at -http://wadikinews.com/public-interest-writ-petition-under-article-226-of-the-constitution-with-respondents-i-the-union-of-india-ii-the-state-of-jk/

Because my online petition has not been admitted by J&K high Court hence I appealed through main and social media to Kashmiris (including Mehbooba Mufti) to come forward to file this writ petition themselves in J&K high Court at Srinagar as given also at -  https://www.afternoonvoice.com/kashmiris-should-act-as-iron-is-hot-due-to-parliamentary-elections.html

But no Kashmiri came forward (though many Kashmiris especially Separatists talk 24x7 about ‘right to self-determination’)  because, as was told to me by some Kashmiris that they think that (i)- For retrieving PoJK for facilitating plebiscite, India will have to wage the war against Pakistan which Kashmiri Muslims do not want Hindu majority India to do against Muslim Pakistan (ii)- Many politically powerful Kashmiris with considerable following neither want to live with India nor with Pakistan hence do not want plebiscite as mandated by IoA

These impressions & ideas of Kashmiris are wrong because (i)- The world-community and Pakistan (which has been publicly talking all along for the ‘right of self-determination’ for the people of J&K) will also support plebiscite in J&K for solving chronic & gory Kashmir problem hence world-community will persuade or even constrain (if necessary) Pakistan to peacefully handover PoJK to India for carrying out plebiscite in entire J&K for deciding whether people of entire J&K  want to live with India or with Pakistan (ii)- As far independence for Muslim Kashmir (if not entire J&K) from both India and Pakistan the Kashmiris should be pragmatic and should not raise it at this stage and let plebiscite happen.

This second point is more important for Kashmiris to understand and consider. As I mentioned about another Kashmir party at -http://www.pakistanchristianpost.com/opinion-details/3326  

(1)- Without solving Kashmir problem there is no relief to the people of J&K (especially of Kashmir)

(2)- Without plebiscite (as mandated by ‘Instrument of Accession’) there is no Kashmir solution

(3)- India will go for plebiscite only when there is fair chance of not only Muslim Kashmir opting for Hindu majority India but also at-least PoJK opting for India (if not Pakistan showing liking to join back the Secular-Socialist / welfare-State of India

(4)- The PoJK will opt for India during plebiscite only when India becomes genuinely secular and welfare State as was expected by the people of J&K in 1947 through Late Mr Sheikh Abdulla (their leader as mentioned in ‘Instrument of Accession’).

In a nutshell Kashmiris should not bother much whether they will live with India or with Pakistan because the last word on India’s partition is yet to be written.

But ‘prominent’ Kashmiris (from socio-religious, media-journalists, academicians, NGOs, political fields) including Mehbooba are not prepared to take this plebiscite route through writ petition in J&K High Court and at the top of it think naively (with misplaced-arrogance) that people form rest of India will also not do anything about it and will continue to tolerate the destruction of territorial integrity of India (due to PoJK with Pakistan) and these ‘prominent’ Kashmiris further naively think that nobody else will file said writ petition in J&K High Court for plebiscite as mandated by IoA. Mehbooba should not be under any delusion that without ‘prominent’ Kashmiris, plebiscite petition can’t be filed in Court but it will not be a happy situation (‘muddai sust gavah chust’) where people from rest of India take lead  for solving gory & chronic Kashmir problem while ‘prominent’ Kashmiris remain passive and irresponsible spectators.

Therefore Mehbooba Mufti instead of wasting precious time (because people of India mainly of J&K are unnecessarily suffering) in meaningless statements and verbal dual with BJP and other jingoist from rest of India, and instead should get writ petition in J&K High Court filed, without any further delay, for plebiscite in integrated J&K as mandated by IoA.

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