Text: Letter to AJK PM

Text: Letter to AJK PM

5 January 2012

Chaudhry Abdul Majeed

Prime Minister

Azad Jammu and Kashmir

Civil Secretariat

Muzaffarabad

Dear Prime Minister

Re: Sub Inspector Mohammad Amir Khan – New Town Police Station, Rawalpindi

State Subject Notification of 20 April 1927 and UNCIP Resolutions are the basis of my interest and trust in your office as Prime Minister of AJK. It may be pointed out that AJK Constitution does not recognise you for any work in respect of Kashmiri people’s right to self-determination. It recognises the President and I have argued this fact in the High Court of AJK from December 1992-April1999 (1999 Y L R 77).

My interest in the sovereign State of Pakistan finds its roots in the wisdom of articles 5 and 257 of the Constitution of Pakistan. So far I have conducted myself in an informed and dignified manner in regards to the jurisprudence of Kashmir case.

At a time when as Prime Minister of AJK you ought to have been concerned to examine the reasons which have resulted in US Government criminalising the diplomatic work done on Kashmir, by bringing a criminal complaint against the diplomatic work assigned to Syed Ghulam Nabi Fai Executive Director of Kashmir Centre Washington and inscribing in para 7 of its Criminal Complaint dated 18 July 2011 that “Justice Foundation/Kashmir Centre located in London, England, run by Nazir Ahmad Shawl and the Kashmir Centre- European Union, located in Brussels, Belgium, and run by Abdul Majeed Tramboo” are run by “elements of the Government of Pakistan”, you have taken upon the role of Mohammad Amir Khan Sub Inspector, in New Town Police Station, Rawalpindi, who was instructed by Deputy Inspector General Police, Rawalpindi Range to register FIR against me on 28 July 1979.

It is unfortunate that a title to self-determination has been criminalised in 2011. The FBI Criminal Complaint inscribes that the three Centres “are run by elements of the Government of Pakistan”. Para 6 of the Affidavit explains that “The Inter-Services Intelligence Agency (“ISI” is a part of the Government of Pakistan and is Pakistan’s military intelligence service”.

As an elected representative it should have been your immediate concern to see that Syed Ghulam Nabi Fai had landed himself in the cul de sac due to bad judgement and was faced with evidence of Confidential Witness 1 (CW-1), who had provided evidence against him in 2005, Confidential Witness 2 (CW-2) who also provided the FBI information dating back to 1989, including the fact that “statements that Fai makes, 80% are provided by the ISI for Fai to repeat and disseminate verbatim. The other 20 % of the KAC’s messaging consists of Fai’s own ideas, which have been pre-approved by the ISI but not provided by them” (Para 15 of the Affidavit). CW-2 in para 16 further adds that “ISI’s sponsorship and control of the KAC was secret, and that the ISI has been operating Fai for at least the past 25 years”.

You have a higher burden of trust responsibility to discharge as PM. Para 125 in the Affidavit, which reads “On January 23, 2011, Fai had a conversation with an individual to whom I (FBI agent) will refer as “John” who serves as an officer of a Kashmiri organization. My investigation has revealed that John, like Fai, has received numerous emails from Fai’s former handler Khan, including the December 18, 2009, email in which Khan advised that he was being replaced by Mahmood. During his conversation with Fai, John complained about Nazir Ahmad Shawl (Fai’s Government of Pakistan-controlled counterpart in UK) and threatened to expose” everything and everybody”. He ended by saying that he was prepared to go to the Indian Embassy to beg forgiveness for his activities, even if doing so displeased his Pakistani bosses. I believe this call indicates that John knows that Fai, like himself, is acting as an agent of Pakistan”, should have merited your Government’s urgent consideration to admit that you have failed the people of Kashmir in advocating their Rights Movement, in accordance with the jurisprudence of UNCIP Resolutions and trust reposed in your representation.

The details of FBI Affidavit confirm item 7 of the resignation dated 19 November 2002 tendered by Sardar Mohammad Abdul Qayyum Khan as Chair of the Musharraf’s Kashmir Committee. The resignation consists of 10 items and item 7 reads “There has been little realization that while the Movement is a revolutionary one in character, it has all along been dealt with bureaucratically, which is itself a big contradiction”.

AJK Government has a constitutional duty to advance the case of self-determination of all people and there could be no dispute on the mention that, your Government (like other Governments) remains responsible for the failure of all the three components of the struggle. You have accrued the criminal liability of not agitating the Kashmir case at the UN from November 1965 to August 1996, and precipitating the death of self-determination.

The actions of your Government have created elements like CW-1, CW-2 and “John” around the just title of self-determination and have commercialised the Rights Movement. And you have sold your soul to the Lucifer.

You should have been concerned about the fact that On 7 December 2011 Fai admitted in 26 page document consisting of 81 paras that, from 1990 until about July 18, 2011, he conspired with others to obtain money from officials employed by the government of Pakistan, including the ISI, for the operation of the KAC in the United States, and that he did so outside the knowledge of the U.S. government and without attracting the attention of law enforcement and regulatory authorities. As part of his plea agreement, Fai has agreed to forfeit his interest in $142,851.32 seized by FBI in July 2011. After the plea bargain Fai faces a maximum potential sentence of five years in prison for the conspiracy count and a maximum three years in prison for the tax violation. Judge O’Grady has set sentencing for March 9, 2012.

There is good news that US Government in exchange of a ‘bargain’ with Fai has dropped the serious charge of ‘Conspiracy to act as an unlawful agent of a foreign government. He has now been charged on two counts, namely, (1) falsify, conceal and cover up material facts and (2) defraud the Treasury Department. He has pleaded guilty to conspiracy and tax violations in connection with a decades-long scheme to conceal the transfer of at least $3.5 million from the government of Pakistan to fund his lobbying efforts in America related to Kashmir.

There is no denying the fact that Kashmiris need finances to advance their Rights Movement. These funds could have been obtained from the Government of Pakistan as part of its duty under UNCIP resolution and from any other member nation of the UN (including India). The litmus test for this financial support should have been all inclusive and the best interests of the people of Kashmir.

Mohammad Amir Khan Sub Inspector registered FIR against me on 15.8.1979 at 5.30pm for “trying to create alarm and despondency among the public which is actionable under Martial Law Regulation 13 (MLR13)”. I would have thought that we have moved 32/33 years ahead in time and left behind the dark days of Mohammad Amir Khan Sub Inspector. Your Government has a responsibility to “provide for the better Government and administration of Azad Jammu and Kashmir until such time as the status of Jammu and Kashmir is determined…through the democratic method of free and fair plebiscite under the auspices of the United Nations as envisaged in the UNCIP Resolutions adopted from time to time”. (AJK Constitution Act 1974).

Unfortunately, as Mohammad Amir Khan Sub Inspector in New Town Police Station, Rawalpindi had to obey Deputy Inspector General of Police, Rawalpindi Range, you regardless of your higher burden of trust responsibility yielded to similar instructions and committed an article in a number of News Papers, including, The Rising Kashmir – Srinagar (15.12.2011), The Nation – Pakistan (17.12.2011), The News – Pakistan (19.12.2011) and The Frontier Post – Pakistan (18.12.2011) and levelled unfounded and wild allegations against a State Subject who has continued to advocate the right of self-determination of the people of Kashmir as ‘equal people’.

I would not advise you to go to war with people described in FBI Affidavit as “…elements of the Government of Pakistan”. However, as the Prime Minister of AJK you have a duty to make sure that these ‘elements’ are duly considered for an input, like any other inputs, and not granted the grace to act as ‘handlers’ as described in respect of Syed Ghulam Nabi Fai and other two individuals in the Affidavit. Government of AJK and these ‘elements’ have in fact precipitated the death of a generation in Kashmir and as a consequence the numerical deficit has killed the right of self-determination for some time to come.

I have been advocating that the Indian security forces have accrued a criminal liability for causing the death or for failing to protect the lives in Kashmir. To understand the jurisprudence of the presence of Indian security forces in Kashmir, kindly refer to my interview published in The Hindu on 16.12.2011 (Copy attached).

Your understanding of my work on either side of LOC, at the UN, visits to my parents and family in Kashmir, EU report on Kashmir, preambles of J & K and AJK Constitutions and about my work, should have been as understood by Begum Nusrat Bhutto, Benazir Bhutto, Presidents and Prime Ministers of AJK & Pakistan and by senior leaders in Pakistan and AJK. Even the “elements in the Government of Pakistan” referred in the FBI Affidavit have known about the character of my work and my understanding of Kashmir case. You may have yet to discover that there are good meaning men and women living in India and in two other administrations of Kashmir. People like Justice V Tarkunde, Justice R Sachar and Prof. M Varadarajan of Indian origin have been defending the rights of Kashmiri people, much more than any Kashmiri or Pakistani.

As Prime Minister of AJK you should have been proud of my contribution made to the civil society of Pakistan for the restoration of Independence of Judiciary at the UN. You may not be qualified to say that I have contributed to the Independence of Judiciary in AJK at the UN. The substantive merits of your allegations against a responsible State Subject make you worse than Mohammad Amir Khan Sub Inspector in New Town Police Station, Rawalpindi. At least he had a cause to remain obedient to his masters in Martial Law Government.

I would have thought that you and the “elements in the Government of Pakistan” would have due regard for my work in advancing the right of self-determination at the UN, arguing the self-determination in AJK High Court reported as 1999 Y L R 77, medical and humanitarian relief provided in the camps, on the Rights of 2.5 million refugees and for defending the right of self-determination on its deletion as a regular agenda item from UN SC agenda in August 1996.

An independent examination of the language used and allegations made in your article published in various newspapers, unfortunately don’t make you any different to Syed Ghulam Nabi Fai, Nazir Ahmad Shawl and Abdul Majeed Tramboo inscribed as operatives of ISI in the FBI Affidavit filed in the criminal complaint made against the diplomatic character of Kashmir Movement by Sarah Webb Linden, Special Agent with the FBI.

Although I have filed a reply in press to answer your individual allegations, it was important that I should point out to you that you have been used to cover up the mistakes made in addressing the just cause of the people of Kashmir.

May I respectfully point out that you in particular and controlling ‘elements’ in general remain criminally liable for failing to discharge your trust in accordance with UNCIP Resolutions and in causing the death of self-determination, by creating a numerical deficit through the death of a generation. I have restrained my response and any further expansion in my response would have exposed and hurt many holy men, who still believe that people of Kashmir still live under the Sale Deed of March 1846.

As a State Subject I reserve my right to institute my grievance and a representative grievance on behalf of the aggrieved people under UNCIP Resolutions and AJK Constitution Act 1974.

Prime Minister kindly rest assured of my best regards and highest considerations.

Yours Sincerely

Dr. Syed Nazir Gilani

JKCHR Secretary General

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