Seminar on “Right of self determination and not elections; the solution of Kashmir issue and the role of international community in resolving IT” organized by J&K High Court Bar Association Srinagar on 22 nd of November 2008.

Welcome address by G.N. Shaheen, General Secretary, J&K High Court, Bar Association.

Dear Countrymen,

I welcome all the distinguished guests to this seminar with open arms and heartiest feelings. I feel honoured and delighted in welcoming you to this sensitively auspicious occasion in difficult times and hope your presence of mind and thoughts will prove a milestone in the passage to freedom of the crying nation. This seminar has been proposed with a sense of purpose, hope and desire. All the speakers are expected to express their opinions and ideas without any fear or favour with clear cut distinction between rhetoric and reality, in order to reach to realistic and correct conclusions. Hope our inner conscience spells out in the larger good of the nation.

Dear friends:

We are passing though the sixty-second year of the current phase of our freedom struggle, since the advent of Indian Armed Forces in J&K on 26 th October 1947. We are live witnesses of political upheavals, tragic tragedies, mistrust and betrayals, pains of peace and catastrophes of war of this entire era. I think these historical events should force us to think with all seriousness and act upon our own understanding.

Historically Kashmir is a political dispute, deeply rooted in the political history of the sub-continent and diplomatically United Nations resolutions aimed at peaceful disposition of the Kashmir issue are bed rock foundations of our freedom struggle. Psychologically, Kashmiris have never reconciled with India and freedom from India is our national psychology which is neither impaired upon by any kind of motivation nor by use of force or apprehensions of threat. Political morality envisages no justification for continued military occupation by India in J&K. Our economy is plundered and bureaucratic machinations are now patently visible with deeper sense of anger and anguish. Hydropower Electric capability and potential of the State of J&K and the treasures of forest wealth are big sources of economy of the state, out of which the state of J&K has no shares and every bit is a sold commodity to the Indian Government and its instrumentalities which apathy puts a common Kashmiri and the state at large with a begging bowl before the beggars.

The mass uprising in the aftermath of Amarnath Shrine Board Land row, infused fresh momentum in the freedom struggle; the streets all along the state of J&K witnesseth, hundreds of thousands, at times millions of peaceful demonstrators crying for freedom and settlement of Kashmir issue since May 26 th 2008. Towns, cities, villages and hamlets all over illuminated by common voices of freedom and this popular uprising has set immutable impressions across the globe and has knocked the corridors of power houses throughout the world. European Parliament, Organization of Islamic Countries, United Nations Organization and other Universal Bodies are resounding with the echoes of Kashmir issue day in and day out. The most significant fall out of the popular uprising in J&K is that Kashmir issue attained serious attention of U.S.A. the only Super Power at helm of affairs. President elect of U.S.A. Mr. Barak Hussain Obama is loudly speaking about the Kashmir issue and feels genuinely, the need to solve it. President elect has gone beyond the rhetoric, when he nominated Ex-President Mr. Bill Clinton as special envoy on Kashmir issue. Ex-first Lady Hillary Clinton is likely to assume the office of state department in U.S.A.’s future administration and her obsession of Kashmir centre foreign policy vis-à-vis sub-continent is a known to all. European Union offers its good offices and other power centers are deeply and sensitively pushing their efforts in search of a solution to the Kashmir issue. The French Govt. feels in like tune with the United States that the peace in Afghanistan is through Kashmir and this development is not an ordinary but a serious development which needs to be analyzed and understood in it’s corrective prospective. The deep understanding of the developments across the globe deserves a scientific analysis with a sense of optimism and purpose. In these circumstances India feels entrenched in a tight situation on Kashmir and feels no one is to bail it out of the trouble. But a sad side of our freedom struggle is that, it faces leadership challenges. I do not feel shy in accepting the leadership failures and call upon men of prudence, wisdom and prowess, to rise to the occasion, to meet the challenges posed by the history in the given situation and provide a guideline for attainment of our cherished goal of freedom. Our freedom struggle needs to be strategies on pragmatic and workable approaches and in this endeavor the intellectuals, lawyers and political opinion makers have to assume a fresh responsibility on their shoulders. The nation at all needs to put caps of wisdom on their cool heads and synchronies historical experiences and future discourses in the path of freedom.

The farcical elections have always been a plough with the Indian Govt. to subterfuge the realties and hoodwink the global opinion and dub the real concerns under the dust and noise of elections. But to the independent assessment, this plough has never helped India. Had it been so, Kashmir issue would have not been there. Similarly today Indian Govt. cannot suppress the realities under the dusty noise of elections 2008. Mr. N. N. Vohra the Hon’ble Governor of the State and his oppressive military establishment is grossly mistaken vis-à-vis their machinations. Power thirsty political parties, may it be, traditional betrayal forces of National Conference, opportunistic People’s Democratic Party, Indian National Congress or for that matter intelligence backed splinter groups in the name of P.D.F., P.P.N., C.P.M., A.N.C. and ettal have realized the ground realities and are forced to draw a distinction between Governance of the state and settlement of the Kashmir issue. Elections are delinked by one and all from the final resolution of the Kashmir issue. I call it a well beginning and a step forward in our collective conscience. In these circumstances, when realization is dawning upon us all, broader consensus is required to espouse the Kashmir cause and find an amicable, honorable and permanent solution to the long standing Kashmir issue, to the satisfaction of the aspirations of the people of J&K. Under these circumstances the political forces have to reassert themselves with a fresh frame of mind and wider political wisdom. May I conclude this welcome address with a note of cautious optimism, self belief and good will to all and propose:-

Kashmir is not a bilateral or territorial dispute between India and Pakistan, but it is an international dispute which involves the disposition of political future and status of the State of J&K. India and Pakistan have failed till date to address the Kashmir issue comprehensively through dialogue and in these circumstances International Mediation or facilitation and intervention is a genuine requirement and we all should press for the same. In the present global political spectrum the internal resistance forces in Jammu and Kashmir have to display highest kind of political statesmanship and diplomatic skills.

We all call upon U.N.O. and U.S.A. in particular to perform their obligations towards resolving the Kashmir issue and pave way for peaceful and secured environment in the sub-continent, free of tensions and bottle necks in the path of peace. President Elect Barak Hussain Obama has an international responsibility to use his good offices in finding out a solution to Kashmir issue and we should resolve to put our efforts with President Elect in this noble mission. Hope his ideas find a policy base in U.S. foreign relations and conflict resolution mechanism. Elections are a non-issue with respect to the resolution of the Kashmir dispute, election is neither an answer nor a solution to Kashmir dispute, the elections are not a substitute to referendum for final solution of the Kashmir dispute and these ground realities are acknowledged by all across the globe.

Let us all agree to shoulder national duly to espouse the Kashmir cause at political and diplomatic front, by ourselves and agree to reassess economic potential and financial challenges to the State of J&K. we all should ponder upon the unabated economic drainage and plunder of the wealth from J&K and fix the liability upon the guilty.

Let us all agree to express our deep concern on the Human Rights Violations, curtailment of civil rights and fundamental freedoms, in J&K as perpetuated by state forces and non-state forces and appeal international Humanitarian organizations including United Nations Human Rights Commission, Asia Watch, Amnesty International etc., and these agencies deserve to be allowed to visit Kashmir in order to have independent and impartial assessment of Rights abuses in J&K.

Let us call upon India to set free all the political detainees arrested and detained for holding their political beliefs by Indian Authorities to my honest belief when humans fail nature plays its role. Likewise when leaders fail people must play the role, but not in a wrong direction. People to me mean, men of wisdom, courage and purpose. There comes in question the role of intellectual community. If an intellectual maintains a silence tragedy and a misfortune in our society it is high time for intellectuals, lawyers, writers and thinkers especially the teachers to come forward and put caps of wisdom lead the voiceless and cut size the non-sense opportunism cynicism egoclash and narcism. World community awaits our responses, sooner we respond better it is. Let us all here resolve to sink our differences and play a statesmanship role to achieve our determined goad. The passage to freedom is not an easy task but it is equally not impossible. Let us resolve and accept America has a role in solving Kashmir issue and join the global efforts in finding out a solution which could be acceptable to the people of J&K. Let us assume political and diplomatic role for and on behalf of ourselves. If we succeed all the best but let me tell you “nothing succeeds like success”. Americans and Europeans have located an in J&K may we have not oil fields to sell but the strategic interests alongside the Hydroelectric power generation are enough to seek support from outside works which may lead another satellite nations state in the heart of central and south Asia. May God fulfill our dreams and usher his blessings upon us all.

Thank you.

G.N. Shaheen
General Secretary,
J&K High Court,
Bar Association .
Dated : 22.11.2008