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Chapter 3
CREATION OF THE STATE OF JAMMU AND KASHMIR AND ITS POLITICS TILL 1987
Creation of Jammu and Kashmir:
The state of Jammu and Kashmir is about the size of Great Britain and
has an area of 86,023 square miles. It is tucked away into the North of India. To
the north, it has Afghanistan, China and Russia; in the west and south it is flanked
by Pakistan and in the east and southeast by India. According to the 1941 census,
the state had a population of about 4 million belonging to various races and
religions; 77% of the population was Muslims, 20% Hindus and 3% were Sikh.i,
Buddhists and other minorities. Geographically, the state has four natural regions
- areas of Gilgit, Chitral and Baltistan in the north with predominantly Muslim
population; in the centre is the Valley of Kashmir (eye of the storm) which at the
time of partition had a mixed Hindu- Muslim population; to the south lies Jammu
where the majority of the population is Hindus of Dogra community and to the
east falls Ladakh which lies between the valley of Kashmir and Tibet and has
Buddhist population of Tibetan stock1•
The creation of the state of Jammu and Kashmir, as is known today began
in the Nineteenth Century. Maharaja Ranjit Singh the ruler of the Sikh Empire
rewarded Raja Gulab Singh, a Dogra ruler the state of Jammu in 1820. In 1830,
H.S. Gururaja Rao, Legal Aspects of the Kashmiri Problem (India: Asia Publishing House, 1967), p. 9.
33
Raja Gulab Singh conquered Ladakh, a Buddhist state and in 1840 he conquered
Baltistan. Maharaja Ranjit Singh gave Poonch district to Gulab Singh's younger
brother Dhyan Singh, as a Jagir. It later became a state and in 1935-36 it became ·
an integral part of the Kashmir State. 2
The distancing of Gulab Singh from the Anglo - Sikh War of 1846
between the Sikhs and the British got him a reward of Kashmir Valley, which was
under Sikhs from 1819. The British did not wish to get involved in such exposed
territory and under Gulab Singh. Kashmir became a part of the state of Gulab
Singh and became the biggest princely state of British India3.
A line of Dogra rulers followed in the state of Jammu and Kashmir.
Gulab Singh was succeeded by his own son who was succeeded by Pratap Singh
and on 23 September 1920, Maharaja Hari Singh became the ruler of Jammu and
Kashmir and his name became inextricably woven into the history of Kashmir
though not necessarily for right reasons4.
Politics ofthe State from 1947-1987:
India became independent with the coming into force of the India
Independence Act on 15 August 1947. Two nations were created out of British
India - India and Pakistan At the time of independence 562 princely states existed
(some authorities list 565, or even 585) in India, and these states could enter as
suggested in the Cabinet Mission Memorandum into a federal relationship with
Ravi Nanda, Kashmir and Indo-Pak Relations (New Delhi: Lancer Books, 2001 ), pp. 9-16. Ibid., pp. 9-15. Alastair Lamb, Kashmir: A Disputed Legacy 1846-1990 (Karachi: Oxford Univ. Press, 1992), p. 4.
34
either of the dominions of India or Pakistan by executing an Instrument of
Accession. It is pertinent to point out that Sir Shaw Cross, Attorney General of
England while explaining the position of the princely States during the debate on
the Indian Independence Act in the House of Commons on 14 July 194 7 had said
"The government did not intend to recognise the state as a separate international
entities on August 15. They hoped the states would associate themselves with one
or the other of the Dominions on terms fairly and amicably negotiated."5 It
became imperative for the Governor General Lord Mountbatten at this stage to
express what the future of the states would be after independence.
Addressing the Chamber of Princes on 25 July 1947, Lord
Mountbatten asserted:
" The states are theoretically free to link their future with whichever Dominion they may care. But when I say that they are at liberty to link up with either of the Dominions, may I point out that there are certain geographical compulsions which cannot be evaded. Out of something like 565, the vast majorities are irretrievably linked geographically with the Dominion of India... You cannot run away from the Dominion Government which is your neighbour any more than you can run away from the subjects for whose \Vel fare you are responsible ... "6
.
This implied States had to accede to either of the two Dominions. Maharaja Hari
Singh of Jammu and Kashmir was pursued by the Muslim League to join the
Pakistan Dominion. Sheikh Abdullah who had emerged as the leader in the State
had strong affinity to secular principles of the Indian National Congress and his
6 H.S. Gururaja Rao, n. I, p. 23. Address by Lord Mountbatten to a special full meeting of the Chamber of Princes, 25 July, 1950. Time Only to Look Forward: Speeches by Earl Mountbatten of Burma, 1947-48 (London: Nicholas Kaye, 1949), pp. 51-56.
35
friendship with Pt. Nehru made it almost sure that Jammu and Kashmir will sign
the Instrument of Accession in favour of India. Hari Singh independently was
nurturing some dreams of heading an independent state so strategically located in
the world7• Alastair Lamb writes,
"The state of Jammu and Kashmir differed in one more important respect from other Princely states, it was rather better suited geographically to exercise a more than purely hypothetical choice as its future. It had a border with Tibet with the Chinese Province of Sinkiang and with Afghanistan (and it came very close indeed to the Soviet Union only separated from it by narrow Wakha tract of Afghan territory and a small section of Sinkiang in the Taghdumbash Pamir), giving it in theory atleast an outlet to the World, outside the confines of the old British Indian Empire a fact which added greatly to the attractions of the idea of independence after 15 August 194 7". 8
These views coupled with constitutive theory of recognition can be
relied upon in support of the assertion that, Indian States may have aspired for
independence but in general did not have any international status after the lapse of
paramountacy. As suggested by Cabinet Mission Memorandum, States had to
enter into a federal relationship with either India or Pakistan by executing an
Instrument of Accession9. Maharaja Hari Singh did not execute the Instrument of
Accession with either India or Pakistan, but signed a Stand Still Agreement
telegraphically10, with Pakistan by which politically and economically a status
quo could be maintained. India did not sign the Standstill Agreement and wanted
a representative of Jammu and Kashmir to discuss certain details. M.A. Jinnah
9
10
Ravi Nanda, n. 2, pp.7- 25. Alastair Lamb, n. 4, p. 7 Sir Maurice Gwyer and Appadorai. Speeches and Documents on Indian Constitution (Oxford University Press, 1957), vol. II, 1921-1947, pp. 767-770. K. Sarwar Hasan (ed.), Documents on Foreign Relations of Pakistan, The Kashmir Question (Pakistar Institute oflntemational Affairs, Karachi, 1966), pp.43-47.
36
made several requests to Hari Singh to accede to Pakistan. These were rejected or
ignored by Maharaja Hari Singh. In September 1947 Sheikh Abdullah and other
detenus were released from jail in Jammu and Kashmir and this gave a feeling to
Pakistan that Kashmir might accede to India, due to the proximity shared by Pt.
Jawaharlal Nehru with Sheikh Abdullah. As a consequence of this at the
instigation of the Government of Pakistan, the Muslim Conference leadership set
up a so-called Azad Kashmir Government in exile in Rawalpindi on 3 October
194 711• Sheikh Abdullah had not made any intention of acceding to India public.
Hari Singh too had not made any commitment on accession to the Indian
Dominion. In these circumstances, when the sub-continent was reeling under the
chaos and violence of partition, Pakistan commenced its preparation to capture
Kashmir by force using ex-INA servicemen, irregulars and even regular forces of
Pakistan12. On 21 October an attack commenced along the Rawalpindi -
Muzzafarabad - Srinagar road with a view to capture Srinagar.
In view of the offensive, the Maharaja was convinced that his rule
would end if he acceded to Pakistan. He requested for military assistance from
India to safeguard the territorial integrity of the state and its people. Prime
Minister of Jammu and Kashmir, M.C. Mahajan pleaded with V. P. Menon,
Secretary, Ministry of States for Indian help. Pandit Jawaharlal Nehru was
unwilling to provide help in the absence of Instrument of Accession. Maharaja
II Civil and Military Gazette (Lahore), 29 October, 1947. For more details, Jyoti Bhushan Das Gupta Jammu and Kashmir (Hague: Martin us Nijhoff, 1968), pp.23 I -248.
12 Hindustan Times (Delhi), 3.11.1947
37
Hari Singh signed the Instrument of Accession on 26 October 1947 in favour of
India. On the 2ih October 1947 Indian troops landed at Srinagar airport. On the
political front Sheikh Abdullah became the head of the popular government
formed by National Conference. 13 A major chapter of Kashmir history began
with the accession of Jammu and Kashmir to India and this made the political
history of the sub continent very uneasy. Lord Mountbatten the Governor General
of India was able to convince Pandit J.L. Nehru to accept some sort of plebiscite
as a formal commitment to Maharaja Hari Singh as the Instrument of Accession
had been signed under uneasy and compelling circumstances of aggression by
Pakistan. Once the desirability of such an endorsement had been agreed to, Lord
Mountbatten the Governor General of India wrote to Maharaja Hari Singh:
"Consistent with their policy, that in the case of any State where the issue of
accession has been the subject of dispute, the question of accession should be
decided in accordance with the wishes of the people of the State, it is my
Government's wish that as soon as law and order has been restored in Kashmir
and its soil cleared of the invaders, the question of the State's accession should be
settled by a reference to the people 14".
Pt. J .L. Nehru also declared that the fate of Kashmir was ultimately to
be decided by the people of Kashmir. That pledge was given not only to the
people of Kashmir but to world, the Government was prepared to hold a
referendum under the UN auspices after normality had been restored. Meanwhile
13
14 Ravi Nanda, n.2, pp. 58-59. Alastair Lamb, n. 4, p.137; and also see, P.L. Lakhanpal, Essential Documents and Noles on
38
she had to protect the people from invaders, which India would do 15• Jammu and
Kashmir acceded to India with a rider that this issue would be referred to the
people.
Kashmir Issue at UN:
Pakistan with the approval of Mr. Jinnah and Governn1ent of Pakistan
had initiated an attack to wrest Kashmir16 In a letter to the President of the
Security Council dated 1st January, 1948, the India Government brought before
the Security Council under Article-35, Paragraph-I Chapter VI of the Charter, the
aggression of Pakistan against India17• United Nations constituted a United
Nations Commission for India and Pakistan (UNCIP) constituted under the
Security Council's Resolution of 21st April 1948. Several Resolutions were
passed but two which had import were 18:
(a) UNCIP Resolution of 131h August 1948.
(b) UNCIP Resolution of 51h January 1949.
A. 13th August 1948 UNCIP Resolution called for a cease-fire to be
followed immediately by opening up of negotiations for a truce agreement which
would call for withdrawal of tribesmen of Pakistan and Indian Forces. After the
conclusion of the truce agreement both sides could start working out
an·angements for a plebiscite. This was not agreeable to both India and Pakistan.
15
16
17
18
Kashmir Dispute (International Press ,New Delhi, 1965), p.57. Broadcast from New Delhi, 2 November, 1947. Text in Publication DiYision, Government of India, Jawaharlal Nehru's Speeches, vol. I (Delhi, 1949), pp. 156-161. K . Subramanyam, Kashmir- An Attempt at Balkanization of India (New Delhi: Lancers, 1990), p. 122. UN Document, Indian Complaint S/628 dt. 2 January 1948 to U.N. Security Council. Government of India, Ministry of External Affairs, "Kashmir Papers", Reports of the U.N.
39
B. The 5th January, 1949 UNCIP Resolution, after the Kashmir cease-
fire of 1st Jan. 1949, UNCIP referred in considerable details its original plan for a
plebiscite and during this period Jammu and Kashmir would be under the control
of a Plebiscite Administrator but India reacted coolly to this proposal. By 2ih
July 1949 the actual fighting between India and Pakistan had come to a halt by the
Kashmir Agreement of 2i11 July 1949. It was clear at this juncture both countries
experienced respite and did not react to any matters on Kashmir 19• From
December 1949, Security Council devised new method of resolving Kashmir
dispute, mediation directly between India and Pakistan20.
Several efforts in the direction of mediation were led by Gen.
A.G.L.Mc Naughton, Sir. Owen Dixon, Dr. Graham and Gunnar Jarring.
General A.G.L. Me Naughton a Canadian Statesmen in his report21 to
the Security Council was entrusted as the President of the security Council to
negotiate informally with the Indian and Pakistan representative. Following these
talks, he presented to the Council a plan whereby both sides would
simultaneously and progressively demiltarize to the point where the remaining
forces would not cause fear at any point of time to the people on either side of the
cease fire line. The northern sparsely populated areas of Baltistan and Gilgit
would be adminstered by local authorities, subject to UN supervision, and a UN
representative with wide powers would be appointed to carryout the council's
19
10
21
Commission for India and Pakistan, June I 948 to December, I 949 (New Delhi) pp. 15-17. Alastair Lamb, n. 4, p.170. Ibid, p.l76. U.N. Report, S/1453, 6 February, 1950.
40
decision. Pakistan was willing to accept General Me Naughton's plan with some
provisions of minor importance India insisted on complete disbanding and
disarming of the Pakistani forces and occupation of the northern areas by the
Indian Army.22
Sir Owen Dixon in his report23 tried several procedures to resolve the
dispute and his major plan which he presented to both the governments to India
and Pakistan called for a partition of the country and a plebiscite for the valley,
after complete demilitarization, conducted by an administrative body of the UN
officers. This proposal was rejected by both India and Pakistan. With all options
of mediation exhausted. Sir Owen Dixon left the subcontinent on August 23,
Dr. Graham25 was appointed as the third UN mediator in succession to Sir
Owen Dixon. His mediation efforts lasted for about 2 years he transmitted five
reports to the Security Council. Both Governments accepted the general
principles contained in the first four proposals which dealt with; reaffirmation of
their determination not to resort to force with regard to the question of the state of
J & K, agreement to take measures to avoid warlike statements regarding the
question, reaffirmation of their will to observe the cease fire effective from 151
January, 1949 and the Karachi Agreement of 27 July, 1947 (CFL) and
reaffirmation of their acceptance of the principle that the question of the accession
22
24
25
Josef Korbel Danger In Kashmir,(Princeton Univ. Press., Princeton 1954) pp. 168-170. U.N. Report, S/1791, 15 September, 1950. JosefKorbel, n.22, pp. 170-173. UN Report, S/2375, 15 October, 1951; S/2448, 18 December, 1951; S/2611, 22 April, 1951;
41
of the state would be decided through a free and impartial plebiscite under the UN
auspices. Agreement could not be reached on the fifth proposal, which provided
that demilitarization to be carried out as a cotinuous process in ninety days. He
could not convince both India and Pakistan to reach an agreement and
recommended it in a report submitted on 27 March 1953 that direct negotiation
between India and Pakistan be held.
In Feb 1957 Security Council requested the President, Gunnar Jarring26 to
examine with the Govt. of India and Pakistan proposals which could lead to
demilitarization and establish conditions for peace and settlement of dispute. On
29 April 1957 Gunnar Jarring submitted a report that he was unable to report to
the Security Council any report on resolution of the Kashmir problem.
These mediation efforts did not prove effective and it could be said that
UN could play no decisive role to find a final solution to the Kashmir Dispute. It
played an important role in securing a cease-fire line and the demarcation of the
cease-fire line. Its Corp of Observers from 1949 to the beginning of 1965 helped
in ensuring that incidents along the cease-fire line did not escalate into a fresh
outbreak or a full-scale war. From 1949 efforts at neutral mediation too could not
make India and Pakistan collaborate, so there could be no impartial plebiscite and
with the onset of the Cold War the politico-military equation between India and
Pakistan till 1965 retained a status quo. United Nations lost all initiative on the
S/2783, 19 September 1952; S/2967, 27 March 1951 and S/3984, 18 March 1958. 26 UN Report, S/3821, 29 Aprill957.
42
question of Kashmir for it could only propose and not dispose27. Kashmir did
become a part of Indian Dominion but pending as an issue at UN and as a
consequence Kashmir got internationalized right from the time of its accession to
India.
The Kashmir Dispute from this point developed in severity because the
internal and external policies of India and Pakistan were evolving on tangentially
different planes. India was involved in the non-aligned movement and Pakistan
was drifting towards the American strategic sphere. Under these compelling
circumstances coupled with several internal developments in 40 years from 1947
to 198728, the State of Jammu and Kashmir evolved from a state, which had
acceded, to India to a state demanding secession from India. The issue of
Kashmir could not be resolved at the United Nations and several factors
contributed to bringing the State of Jammu and Kashmir to a state of active
secessionism. Causes, which contributed to the evolution of this movement, fall
within the prescribed theoretical parameters as have been discussed in Chapter II
at length. Historical legacy of the State, politics of the state, primordial factors
like ethnicity and religion, ineffective governance all acted as catalytic causes to
trigger the movement of secessionism. In this development there are four
discernible causes, which are evident.
Politics of the State and Centre-State Relations:
27
28 JosefKorbel, n.22 , p. 179 See Appendix I
43
Maharaja Hari Singh of Jammu and Kashmir on 26th Oct. 1947 after
signing the Instrument of Accession set-up an Indian Government with Sheikh
Abdullah at its head. The Indian Government Administration was set up on 30th
Oct. 194729. By Jan 1950, the Indian Constitution was framed and Kashmir was
treated as an integral part of the Indian Union as defined in Article- I of the
Constitution30. Till a plebiscite could be held in the State, Article-370 was
included in the Indian Constitution as 'transitional and provisional'. This
provision limited the power of Parliament to make laws for J&K, India controlled
Defence, Foreign Affairs and Communication. At the time of the formulation and
promulgation of the Indian Constitution India remained firm on its offer of a
plebiscite to the people of Kashmir. During his presentation of the Article 3 70 to
the Constituent Assembly on 17 October 1949 N. Gopalaswamy Ayyangar
clarified the intent behind the sub-heading Temporary Provisions with Respect to
the State Of Jammu and Kashmir:
29
30
31
"We are entangled with the U.N. in regard to J & K and it is not possible to say now when we shall be free from the entanglement. That can only take place when Kashmir problem is satisfactorily settled. Again the Govt of India have committed themselves to the position that an opportunity would be given to the people of the State to decide for themselves whether they will remain with the Republic or wish to go out of it. We are also committed to ascertaining the will of the people by means of a plebiscite provided that peaceful and normal conditions are restored and the impartiality of the plebiscite would be guaranteed. "31
Sisir Gupta, Kashmir: A Study on India- Pakistan Relations (New Delhi: Asia Publishing House, 1966), p. 364. Ibid. p. 365. Lok Sabha Secretariat, Constituent Assembly Debates, vol. X, Official Repot, New Delhi. 6 October, 1949 to 17 October, 1949, pp. 423-429.
44
Sheikh Abdullah who became the Prime Minister of J&K on 1951 and
concluded the 'Delhi Agreement' in 1952, in which besides extension of the
fundamental rights guaranteed by the Indian Constitution to Kashmir and the
coverage of the State by the India Supreme Court, Article-370 was given a
character of permanence. This provoked the right wing parties in Hindu
dominated Jammu to agitate. The Praja Parishad led demonstration in various
towns in Jammu and its leaders organized sabotage in factories and the blowing
up of bridges and government buildings. Police detachments from Indian Punjab
had to be called to assist the local police to restore law and order. Nehru termed
the movement "most pernicious and malignant in its narrow bigoted reactionary
and revivalist approach"32
In May, 1953 ShiekhAbdullah issued an ordinance forbidding, any person
from entering the State of Jammu & Kashmir without a special pem1it. The
President of the Hindu Right Party,Jana Sangh, Dr. S.P. 1v!ookerjee
demonstratively travelled in May to Jammu and was arrested, and in the following
month he died in prison in Srinagar of a heart attack, which added fuel to
heightened passions33 in the State.
Political developments taking place in these circumstances and Shiekh
Abdullah's intentions were subject of suspicion and on August 7 1953 three
members of the Jammu & Kashmir Government led by Bakshi Gulam
Mohammad accused Abdullah of arbitrary decisions and stated that he tried to
32 The Hindu,(Madras) 26 April, 1953.
Salman Khurshid, Beyond Terrorism New Hope for Kashmir (Delhi: UBS 1995). pp .. 9-53. 33
45
precipitate a crisis between India and the State of Jammu and Kashmir and under
these circumstances some foreign powers could intervene and exploit the
situation. The Memorandum informed Shiekh Abdullah on 9th Aug. 1953, in
conclusion that the Cabinet had lost the confidence of the people.34 Bakshi
Ghulam Mohammed, Shiekh Abdullah's political aide succeeded Sheikh
Abdullah as Prime Minister of the state and on 9 August 1953 Sheikh Abdullah
was jailed where he remained till 1964.35 With coming into powers of Bakshi
Ghulam Mohammed in power, the State of Jammu & Kashmir drifted steadily
into the Indian orbit. In February 1956, the Kashmir Constituent Assembly. while
adhering in principle to the special position of the State, confirmed the legality of
its accession to India. By October 1956, the Constituent Assembly had decided
upon a Constitution for the State, which came formally into operation on 26th Jan.
1957. It was modelled on the Indian Constitution and provided for jurisdiction in
the State for the Indian Supreme Court and the India Comptroller and Auditor
General. It declared that ·the State of Jammu and Kashmir is and shall be an
integral part of the Union of India. ' 36
All these developments were seemingly bringing the state of J&K
closer to the Indian Union but in 1963, an incident related to the historic a relic
reputed to be a strand of hair of Prophet Mohammed and kept in a Mosque at
Hazratbal disappeared. There was an upsurge in the Valley which led to
34
35
36
Times of India, l 0 August, 1953. n. 32,pp.9-53.
Alastair Lamb, n. 4, pp. 202-203.
46
considerable commotion in the state. G.M. Sadiq replaced Bakshi Gulam
Mohammad as Prime Minister of the State. Close on the heels of this event
Sheikh Abdullah was released on gth April, 1964 and he stood tall as the leader of
the Kashmiri people. Both Pt J.L. Nehru and President Ayub Khan invited him for
talks. Nehru, however, died on 271h May 1964 and so did the talks37 and after this
Shiekh Abdullah had moved about over the world but he was arrested in India.38
Pt. Nehru's successor Lal Bahadur Shastri, seeing that BakshiGhulam
Mohammad had been the man to integrate Kashmir into India, brought him back,
he changed the titles of the leaders of J&K from Sadr-e-Riyasat and Prime
Minister to Governor and Chief Minister, respectively. Members of Parliament
from Kashmir were now directly elected by the people rather than by the Kashmir
Legislature Assembly. India extended Article 356-357 of the Constitution to
Kashmir; now Delhi could declare 'President's Rule' in Kashmir and administer it
directly should the need arise.39
Pakistan had been observing the internal developments in Kashmir and
its expectation was that the rearrest and internment of Shiekh Abdullah after his
political roving in several countries would have created a fertile soil in fomenting
mass internal uprising in Kashmir.40 Indo-Pak war broke out in 1965 although
this war was not initiated for Kashmir, the Kashmir front was opened in the
second phase of the Indo-Pakistan war which concluded with a Tashkent
37
38
39
40
Salman Khurshid, n. 32, p. 56. A.S.R. Chari , Kashmir Problem (New Delhi, 1967), p. 1. Salman Khurshid, n.32, p.54. A.S.R. Chari, n.37, p.l.
47
Agreement of 196641 and then came 1971 war with Pakistan which again had
nothing to do with Kashmir but with the breakaway of East Pakistan. This led to
the signing of the Simla Pact in 1972 stipulating that the two countries resolve
their differences by peaceful means and through bilateral negotiations. 42 Simla
Agreement added a very crucial dimension to the definition of Indo Pak relations
of which the centrality was to be 'bi-lateralism'. At the domestic front Sheikh
Abdullah was released in 1971 and rehabilitated in 197 5 after an Accord was
signed between him and Mrs. Gandhi on 24th Feb.,1975. The key provision ofthe
Accord was this:
"The State of 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 Constitution of India., however while residuary powers of legislations would remain with the State, the Union Parliament will continue to have power to make laws relating to the presentation of activities directed towards disclaiming, questioning or disrupting the sovereignty and territorial integrity of India or secession of the territory from the Union. ,.n
In other words, any act on the part of J&K Legislature Assembly which
could possibly be construed to imply a progression of the State towards
independence, let alone Union with Pakistan could be overruled by the Union
Parliament, a qualification which took away a great deal of remaining strength
from Article 370 44 Sheikh Abdullah became Chief Minister of the State and he
declared his son, Dr. Farooq Abdullah to be his successor.
41
42
43
44
Jyoti Shushan Das Gupta, n.ll, pp. 370-371. Salman Khurshid, n.32, Appendix 3, pp. 148-151 Jagmohan, My Frozen Turbulence in Kashmir (New Delhi: Allied Publishers,l992), p.l42. Alistair Lamb, n.4., p. 307.
48
Dr. Farooq Abdullah's party, The National Conference won the Assembly
elections in 1983 and he organized a conclave of leaders belonging to the
opposition parties from the States all over India. This initiative led to a fall out
with the Centre and consequently manipulated defections from this party led to
his fall from power. Instead of channelising this resentment and politically
reorienting his party, Dr.Abdullah joined hands with Rajiv Gandhi and they
together contested and won the1987 election with the major opposition parties
under the banner ofMUF (Muslim United Front) 45.
1987 became a watershed year in the history of Kashmir. SeYeral of the
protagonists who later showed up as militants cut their teeth in these elections.
Manoj Joshi writes:
"In politics as indeed in life, what matter often are perceptions rather than the truth. Most of the young people who had participated in election politics for the first time had gone in as most candidates do convinced of their victory. The outcome was naturally disappointing and they took up the charge of rigging. "46
A full-scale movement of dissidence was launched which e\·olved to an
insurgency on ground and became a full-scale secessionist movement. An Indian
correspondent discovered after the eruption of insurgency in 1990 that nearly all
young men on the wanted list today were guarding ballot boxes for Muslim
United Front as campaign volunteers in 1987 elections:47 Transient political
manipulations of the Centre in Jammu and Kashmir, erosion of Article 370, which
45
46
47
Salman Khurshid, n.32, p.56. Manoj Joshi, The Lost Rebellion Kashmir in the Nineties (New Delhi: Penguin Books, 1999), pp. 15-16. India Today (New Delhi), 31 Jan. 1990, pp. 35-36.
49
gave a special identity to the state in the Indian federal structure and Sheikh
Abdullah's signing an accord in 1975 with the Central government were
perceived as major letdown in the political history of Kashmir. Sumantra Bose
writes:
"Farooq Abdullah's second term till Jan 1990 ,when his Govt. was dismissed following the eruption of the mass uprising was an unmitigated and unsurpassed disaster. His behavior during his first term has been compared to a little boy with a toy and second was a virtual abdication of governance. The promise of development proved to be a cruel joke and corruption among politicians reached levels extraordinary by Kashmiri standards ... while the CM kept himself amused"48
.
MUF leaders were arrested after the 1987 election and m 1989
parliamentary elections too were held, and the turnout was less than 5%
49Kashmir Times in its editorial pleaded for not tarnishing the image of Indian
Democrac/0 but the Indian state was not in a listening mood.
Islamic Politics:
Orthodox Islam in Kashmir is identified with Jamaat-e-Islami. Manoj
Joshi51 traces the seeds of orthodox Islamic politics in Kashmir to 1942, with the
founding of the Kashmir branch of the Jamaat-e-Islami, a year after the
organisation had been founded by Abul al Maudoodi. The origins of the
organisation go back to the reform efforts of the Islamic Ulema or teachers,
spanning more than a century.
48
49
50
51
Sumatro Bose, The Challenge in Kashmir- Democracy Self Determination and Just Peace (New Delhi, Sage Publications 1997)p.46 Ibid., p.48 Kashmir Times, 30 Nov. 1989. Manoj Joshi n46, pp. 9-11, for an incisive reading on the concept of rise of Islamic fundamentalism, refer A.G. Noorani, Islam and Jihad (New Delhi, Leftward, Apri12002)
50
While the mainstream banded under the Jamiat-ul-Ulema Hind
(organisation of Islamic teachers of India) which formed part of the freedom
movement. Maudoodi erstwhile editor of the Jamait Journal-A! Jamaat, opposed
both the nationalists and pro-Pakistan movement. Jamait-ul-Ulema Hind's
ideology was founded in the ideas of the professors of South Asia most important
Islamic seminary, the Dar-ul-Uloom at Deoband at Saharanpur District of Uttar
Pradesh . Just before World War-1, conservative Deobandis, led by Maulana
Mehmood-ui-Hasan and his disciple and colleague Maulana Hussain Ahmad
Uadmi declared India to be - Dar-ul-Harb (Land where Jihad needs to be
undertaken) calling the faithful to undertake a jihad against the British. Both had
been influenced by the national movement and advocated a united India where all
communities could live in peace. In 1945, a splinter group Jamait-ul-Ulema Islam
split and preached the cause of partition in 194 7, confronted with partition, the
Deoband theologians issued an edict, declaring that notwithstanding the creation
of Pakistan India was a place where Muslims could live in peace - declaring it as
Dar-ul-Sulah (Land where Muslims could live in amity with others). Maudoodi
was not willing to accept this. He advocated the idea of Nizam-e-Mustafa (A
world order based on Islamic tenets), a system ruled the way he thought Prophet
Mohammad would have wanted mainly through the rigorous application of the
tenets of Koran. An opponent of national divisions, he envisioned an entire world
living in accordance with the Shariat and Sunnan. So, in his view, India had to be
Dar-ul-Harb where Islam had to prevail through-jihad.
51
With partition, the Jamaat split, Maudoodi migrated to Lahore and the
Indian branch came under the influence of nationalist Deobandis. It accepted and
lauded the secular ideals as means of preserving minority culture. It emphasised
on education and social uplift of the community. Though the Nizam-e-Mustafa
remained its ideal the means to achieve it was not 'jihad' but by dawat
(invitation) or preaching and persuasion.
Pakistan branch headed by Maudoodi on the other hand became active
in what can be called Islamic politics beginning in the 1950s, with the instigation
of riots against the Ahmadiya community. It played an important role in the
campaign against Bhutto and then supporting the military regime of Zia-ul-Haq.
In Jammu and Kashmir the seeds of Islamic politics of the J amaat kind
was established by setting up a Jamaat Brach at Shupian by Maulvi Ghulam
Ahmed Khan and Syed Shahabuddin and others. From the outset, it aligned itself
with Maudoodi's idea of leading a Nizam-e-Mustafa in Kashmir. For nearly 40
years, the Jamaat in J&K had steadily built up its strength through a host of social
and cultural activities such as running schools or institutions for religious
instruction. In the 1970s, Arab money began to come into the State to back these
activities which rivalled if not exceeded the efforts of the State in the education
sector. One time, it built up strong pockets of influence across the State
especially in downtown Srinagar and apple growing area of Sopore. Since the
mid 1970s its dominant political leader has been Syed Ali Shah Geelani \vho has
made no bones about his support for the merger of the State with the Pakistan. He
52
participated in State Assembly elections and was serving as a member of J&K
Assembly in 1972, 1977 and 1987. The outfit and its youth wing Jamaat-e Tulba,
which was set up by Sheikh Tajamul Islam and Dr. Ayub Thakur in Sept., 1977,
denounce any aspect of secularism and make it clear that they are against India
· and are for accession with Pakistan and any moderate stand on Kashmir of any
kind, or negotiations are not acceptable. 52
The Jamaat has not been as popular in the Valley as it has hoped to be.
The reason for this is that Islam came to the valley through the influence of the
Sufis whose tradition is disdained by Islamic pursuits of the Jamaat. In 1979,
when Bhutto was hanged by Zia-ul-Haq's military regime there were riots in the
valley focusing anger on the Jamaatis because of the support that Pakistan's
Jamaat-e-Islami gave Gen. ZiaBalraj Puri explains:
52
53
"Islam in Sufi form came to Kashmir not as a destroyer of tradition but as its preserver, consolidator and perpetuator. The main conversion of the people of Kashmir to Islam owes to Alamdar I Kashmir, Sheikh Noomdin Noorani popularly known as Nund Rishi(14 century)who became the patron saint of Kashmir. He translated Islam into Kashmirs spiritual and cultural idiom... Farooq Nazqi calls him a Muslim Shaivite. Shiekh Noorudin's poetry is a mixture of Shaivism and Sufism ... The fact that Islam is rooted in Kashmiri tradition and that tradition is permeated within Islamic spirit has enabled Kashmiris to reconcile cosmopolitan affiliation with traditional nationalism ... The Kashmiri Muslim has remained a Kashmiri as well as a Muslim ... Kashmiri Muslim does react like any other member of a Muslim community when their religious interests are endangered. But they are unlikely to submerge their Kashmiri identity in the name of Islam. "53
Robert G. Wirsing, India Pakistan and the Kashmir Dispute on Regional Conflict and its Resolution (London: Macmillan, 1994), p. 180 Balraj Puri Kashmiriyat: The Vitality ofKashmiri Identity, Contemporary South Asia Vol4, I March 1995
53
It was this liberal foundation which the orthodox Islamic elements in Kashmir
had to encounter and could not make very effective inroads. Apart from this there
were other prevailing political circumstances which limited the role of Jamaat e
Islami till late 80s in Kashmir. Jamaat e Islami was not able to carve out an
influential political position for itself till1980s was basically due to the political
power and stature of Sheikh Abdullah who controlled most of the mosques. His
headquarters, was Hazaratbal Shrine at Srinagar Sheikh stated that he controlled
the Mullahs by becoming one himself54 " This interplay of religious and secular
practices is not unique to Kashmir. Islam has played a major role in nationalist
movement that protested against European Rule in North Africa as in Algeria and
Tunisia. The link between religious and secular nationalism is tenuous. India's
Gandhian stream of anti colonial secular nationalism was suffused with Hindu
religious symbols, idioms and terminology. On this apparent rise of Islam in the
1980s, and mosques becoming focal points, Sumantro Bose states, it was due to
absence of any alternatiYe channels of collective action and protest. With no
legislative body enjoying popular sanction, no executive with democratic
accountability, no judiciary with autonomy and credibility, no functioning parties
except underground ones for the outlawed ones the only forum left for expression
of popular anger was the local mosque. The neighborhood mosque has also
provided the militant groups a readymade community centre from which to
organize, agitate and mobilize.55 Islamic identity gave secessionist groups an
54
55 M. J Akbar, india The Siege Within (Hammondsworth, Penguin, 1996). Sumantra Bose, n.48, p.88.
54
identity based on a point of affinity of religion and this became a major cause of
development of secessionism. With Shiekh Abdullah in and out of jail Jamaat-e-
Islami played a crucial role in heralding the orthodox movement of Islam. From
the 90s in the role played by Jamaatis in Kashmir paid rich dividends for the
secessionist movement.
Youth Politics and International Developments:
Till the 1980's the politics of the State of Jammu and Kashmir was
dictated by Shiekh Abdullah, Nehrus and Gandhis, the people of Kashmir as such
had no role in it. The towering presence of Shiekh Abdullah guided the youth of
Kashmir and provided orientation to its politics. Manoj Joshi56 states this youth
was the main group who provided the canon fodder for mass demonstration and
public protest, but they strictly the hoi polloi. They were mainly young students,
youth without jobs or under employed youth, mainly city bred and educated. It
was this group that gave support to Shiekh Abdullah's mass base in the 1930' sand
1940's and the National Conference's People Militia in October 194 7. In the
1950's and 1960's they were a part of the Abdullah inspired Plebscite Front led
by Mirza Afzal Beg and led the demonstrations in the crisis over the lost
Hazaratbal relic in i 963. At the Hazartbal Mosque supposedly a strand of hair
from the beard of Prophet Mohammad 57 was stolen. This led to massive agitation
in Srinagar. It aroused tremendous Islamic fervour, indicating to Pakistan that
secularism had not sunk into the India psyche and this led to establishment of
56
57 Manoj Joshi, n. 46, pp.ll-13. Victoria Schoffield, Kashmir In Cross Fire (London: IB Taurus Publication, 1996), p.J97.
55
several youth groups in Kashmir. Prominent among them was Students and Youth
League led by Abdul Rashid Kabli and Young Men's League affiliated to the
Plebiscite Front. However in 1975 when the Indira- Shiekh Accord was signed
and the Plebiscite Front disbanded some members felt betrayed by signing of this
Accord, they read political compromise in it and a betrayal of their aspirations of
Kashmiri people. Some dissidents were accommodated in Govt. jobs but the more
militant found this a compromise to which they could not reconcile. 58 One such
person was Shabbir Shah of Peoples League who was opposed to the Accord.
The Indira - Sheikh Accord made several youth of Srinagar look across the
Line of Control to Pakistan. Radicalistion of Islam and Jihad against Soviet Union
being led by Pakistan in Afghanisatan also made the youth look upto Pakistan.
This disgruntled youth became fertile ground on which several other factors
worked towards precipitating the movement of secession. According to Zafar
Meraj a Kashmir based journalist who states secessionist/militant strain in the
politics of Kashmir existed in the youth of Kashmir in the pre Accord period too.
He states "one of the first instances of militancy exhibited by the youth in the
State was in 1968 when a group of students from Gandhi Memorial College in
Srinagar tried to steal rifles from NCC armoury at Islamia College in Srinagar.
This group and the Alfateh that came up in the late 1960's were linked to the
Plebiscite Front"59. Looking at the Kashmir problem holistically the rise of
58
59 Manoj Joshi, n.45, p.l4.
Meraj Zafar, "Rise of Militancy in Kashmir- A Perspective", Kashmir Times (Srinagar). 24 Sept.. 1989.
56
secessionist activity and dissatisfaction in the youth of Kashmir can be attributed
to several socio-economic compulsions too .. Analysis on this line of thought by
Gauri Bazaz Malik:
"The Muslim comprised 65 percent of the population in Indian administered J & K (and Hindus 32 percent) Hindus mostly from outside the state made up 84 percent of the high level officer, 79 percent of the clerical employees and 73 percent lower level employees in the centrally operated services. A miniscule 1.5 percent of the high ranking officers in the centrally owned banks in the state were Kashmiri Muslims. Only 25 percent of I.A.S. officials posted in the state on 1989 were natives of the state and of 22 secretaries, the highest rank a mere five were Kashmiri Muslims. The problem of inequitable representation extended to the provincial level administrative organs and economic enterprises. Here Hindus comprised 51 % of the senior administrators and 4 7 percent of top officers in economic enterprises, the tiny Pandit minority being disproportionately over represented. Meanwhile in 1987, the number of educated unemployed youth in the state was officially estimated to be 1 ,00,000"60
•
Disgruntled unemployed youth caught in adhoc power politics of the State and
Centre and adhoc manipulations by Accords, witnessed surrender by massive
forces of Soviet Union in Afghanisatan from 15111 February 1989 with enthusiasm.
Events in Soviet Union deeply influenced the youth and Jamaat elslami, which
was associated with fundamentalist movement in the State and worked closely
with youth to create an ongoing fundamentalist/secessionist movement.61
Universal ideas of self-dignity, freedom and identity had become potent and
relevant expressions. Internationally over the last two decades some 800 million
60
61
Gauri Bazaz Malik, "Deomocracy and Kashmir Problem", in Asgar Ali Engineer (ed.), Secular Crown on Fire. The Kashmir Problem (Delhi: Ajanta Publishers, 1991 ), p. 79. Alastair Lamb, n.4, p.333.
57
people in the third world have moved from living under authoritarianism to living
under quasi-democratic regimes. This is where Kashrniris drew their inspiration
from and sought the right to exercise self-determination. 62
All these developments were keenly observed by Pakistan after 1987, this
was the time when Muslim United Front lost in the 1987 election and the young
aspirants got demoralized and sought support from Pakistan. Pakistan had also
realized under the existing political environment world over, accession to
Pakistan of Kashmir would be acceptable only if it was clearly demonstrated that
the Indian role in the State had been loosened by a national liberation struggle,
and accession had come about through an act of a revolutionary national
movement. It was these developments that Pakistan observed and managed to
exploit the youth of Kashmir. Ved Marwah sums up the growth of secessionist
tendency in the youth of Kashmir in a very incisive manner. He explains:
"Kashmiri Youth Organizations gained momentum in Kashmir after the death of Sheikh Abdullah. Most of the militants are the desperate election candidates of 1987 elections. The alliance of National Conference and Congress rigged the 1987 polls At best the Muslim United Front at the admission of its senior leaders could have got 15 seats which would not come in the way of forming a coalition govt. Most of the cand!dates were defeated and arrested under Public Safety Act and sent to different jails and subjected to torture also. It was this policy of the govt. that led to the sentiment of alienation of youth and rise of militancy and secession. Youth who had joined mainstream felt cheated due to rigging and later due to indiscriminate arrests. "63 ~
In a private conversation with Dr Abdul Majid Bandey the official spokesperson
of The All Parties Hurriyat Conference in Delhi stated that India engineered
62
63 Oxford Companion to Politics,ed J. Krieger 1999 p.l59. Ved Marwah, Uncivil Wars Pathology of Terrorism in India (India: Harper Collins, 1997), p. 55.
58
circumstances which Pakistan could exploit and use to foment secessionism. Mir
Quasim a veteran politician of Kashmir reiterates the same feeling "If I dump
petrol in my house and my opponents sets a match to it is largely my ·fault" 64
Pakistan has been watching developments taking place in Kashmir and if they
were turning to be conducive for it to increase their presence they did so. Sisir K
Gupta65 quoting Keith Callard
"In a large measure Pakistani feelings towards India has been a struggle before Partition. The idea that a country has a foreign enemy is easy for the mass of the people to understand and it also provides a powerful stimulus to the unity for Pakistan India has filled this role."
A sentiment, which Pakistan had nurtured for long, was slowly being
realised. So Kashmir in particular has given Pakistan a rallying point, and the
socio-political 66developments in the State made it easy for Pakistan to increase its
presence in the State. Manoj Joshi writes67 Pakistani planners realized that given
Kashmir's singular character, they realized this after 1965, that it would be better
to use the indigenous groups and people rather than exclusively and obviously
pro-Pakistani elements like the Jamaat-e-Islami. And in this endeavour they
substantially succeeded and built up several secessionist/militant outfits largely
from the alienated youth.
64
65
66
67
Syed Mir Quasim, My Life And Times (Delhi: Allied Publishers, 1995), pp.302-03. "Islam as a Factor in Pakistani Foreign Relations", India Quarterly. vol. XVIII, no .. 3, July -Sept 1962, p.I 10. See Appendix I
Manoj Joshi,n 46,p.l8
59
Secessionist Groups of Jammu and Kashmir and Major Secessionist Leaders:
More than 150 secessionist/militant groups mushroomed in Kashmir after
1987 and so did several secessionist leaders come into the limelight. 68
Oraganisationally speaking these secessionist groups are highly fragmented and
the most fundamental division within it is between the Pro-Pakistan elements
(those favouring accession of the State to Pakistan) and the pro Azadi elements
(Kashmiris for complete independence from both India and Pakistan.).69 Ex
Governor Jagmohan has listed in his book 44 militant/secessionist outfits which
he says were active in the state at the time he took over as Governor in January,
1990 but by mid 90's numerous secessionist groups evolved.70 Sati Sahni a
Bombay based journalist has done some pioneering role in listing out
secessionist/militant outfits existing and defunct in the State, so has Navnita
Chadha Behera listed one hundred such groups in her book. A website
www.jammukashmir.net. operated by Alexander Evans, a Kashmirologist based
in London lists out numerous such secessionist outfits.
Secessionist Groups:
Hizbul Mujahideen:
Master Ahsan Dar of Pattan went across to Pakistan Occupied Kashmir
(POK) for training in 1988. He came back to establish a 'hard hitting· fighting
68
69
70
Details of several secessionist groups in Sati Sahni's book Kashmir Underground and Navnita Chadha Behera's book State, Identity and Violence: Jammu Kashmir and Ladakh (New Delhi: Manohar, 2000) and www.Jammu Kashmir.net. Robet G. Wirsing, n.51, p. 13.
Jagmohan, n.43, pp.703-704.
60
organisation to spearhead the freedom struggle in1990. Syed Salahuddin, was
made its Supreme Commander in 1992, he made HUM a member of the popular
international organisation under the leadership of Sudan's Dr. Hassan al Turabi.
This made HUM eligible for direction guidance, training, expertise, funds and
arms from Sudan.
Islamic Students League:
In 1985, this body of students was formed in Srinagar who were to be
key players in underground movement in Kashmir. HAJY group included Hamid
Sheikh, Ashfaq Majid, Javed Ahmed, and Yasin Malik. (ISL) Islamic Students
League rejects accession of Kashmir to India and rejects un-Islamic and man
made concepts of socialism and secularism.
Muslim Janbaz Force (Al Jehad) Armed wing of Jammu and Kashmir
People's League; established in 1990. Al Jehad rejected outright the solution of
Kashmir issue through of tripartite talks and wants implementation of lJN
resolutions on Kashmir.
Muslim Mujahideen:
Founder of HUM master Ahsan Dar was expelled from the
organisation; and he formed a new group by this name in1993. It stated that
Kashmiri youth should not join the state police or para- military forces - the
political wing of this party joined the election of 1996 did not fare well were
disappointed and took to guns again.
Al Umar Mujahideen:
61
Set up in Srinagar in 1985 led by Mushtaq Ahmad Zargar alias Latrum in
Srinagar It favours Kashmir's accession to Pakistan but after only taking the
opinion of people into consideration.
Allah Tiger:
Formed in Srinagar in 1989. Noor Khan was its Chief and its main object
was to Islamize the society. In March 1993 the outfit reiterated its Islamic
objective and stated its objective was to establish an Islamic Caliphate.
Hizbullah : (Army of God)
Formed in Kashmir in 1988. This group had disrupted the India- West
Indies cricket Match in October 1983 at Amar Singh Club Stadium at Srinagar.
Cadres of Hizbullah came from Peoples League and Islamic Students League and
its first known chief was Mustaq- ul- Islam.
Kashmir Liberation Tiger:
This group appeared in 1990. Started by a group of young boys trained in
Pakistan. They considered launching a Holy War in the valley.
Al Fateh:
An under ground group led by Ghulam Rasool Zargar which came into
being in 1970. Divided into two factions over Indira Sheikh Accord of197 5. This
Party revived in 1991 to fight for the right of self-determination of Kashmiris.
62
Jammat Ul Mujahideen:
This is the youth wing of Hizb ul Mujahideen. This was headed by Nasir
ul Islam in 1991 and is a feeder unit for Hizb ul Mujahideen.
Mahaz e Azaadi:
This evolved from the disbanded Plebiscite Front of Sheikh Abdullah. Sofi
Mohd Akbar who protested against Kashmir having any links with India and
considered armed solution as the only solution, headed this outfit.
Tehrek i J ehad:
Mushroomed in in 1993 and operated in the Kupwara District.
Dukhtaran I Millat: (Daughters ofthe Nation)
Founded in 1981 as an organization for social upliftment of women and to
secure their rights. Asiya Andrabi heads this group. From social issues DIM
drifted towards politics and declared that they believed in Pan Islamism and
Kashmir's merger with Pakistan.
Moslem Khwateen e Markaz: (Muslim Women Centre)
This group came into being in 1990. It is anti -India and participates in
demonstrations against India and protest marches.
Moslem Conference:
The oldest political organization in the state it started its activities in 1931.
It had the religious patronage of Mirwaiz of Kashmir Moulvi Mohd Yusuf Shah,
but the political control for the first 7 years was in the hands of Sheikh Abdullah.
63
It in its initial years it represented Muslim interests, but in 1938 converted itself
into a nationalist body, the National Conference and threw its doors open to Non
Muslims. A faction under Chaudhury Ghulam Abbas decided to continue it as
Moslem Conference. After 1947 National Conference came to power in Kashmir
under Sheikh Abdullah and Ghulam Abbas crossed over to Pakistan in 1949. In
1986 a Govt. school teacher was dismissed from service. He was picked up
Moslem Conference and stated that neither Jamait e Islami nor National
Conference have played an encouraging role in state politics and this role can be
filled by Moslem Conference.
Moslem Conference does not recognize the accession to India as valid. It
stands for self-determination, freedom of press, for Nizam I Mustafa and desires
all secessionist elements to join hands. Moslem Conference wants both sides of
Kashmir to be handed over to UN for 5 years, for creating an atmosphere in which
elections can be held and a representative leadership can come forward with the
mandate to enter into a dialogue with India and Pakistan about the political future
of the State.
JK Peoples League:
In 1974 a group youngmen were banded together by Mohd. Farooq
Rehmani and Peoples League was formed. League was joined in the mid
seventies by Shabbir Ahmad Shah who rose to become its chief .J&K Peoples
League stood for freedom and Islamization. Shabbir Shah wanted peace and
normalcy in the State to return to normalcy through dialogue. Shabbir Shah could
64
not make much headway with his political agenda and became a part of APHC in
1993. He in 1996 met diplomats in Delhi against the wishes of APHC so became
a person non -grata with APHC. Shabbir Shah split with J&K peoples League to
float a new organisation called JK Democratic Freedom Party.
JK People's Conference:
An overground organization with pronounced secessionist aims. Set up in
1981 by Abdul Ghani Lone (former Congress Minister) Dissatisfied with
Congress, National Conference, and Janata Party, Abdul Ghani Lone floated his
own organization Peoples Conference. It stood for self-determination and
political solution for the Kashmiri problem. It became a part of APHC in 1993
This party was derecognized in 1997 under J &K Conduct of Election Rules 1965.
JK Peoples Political Front:
Established in Srinagar on 28 Aug 1998 by veteran political activist Fazl
Haq Quereshi of People's League, he was named its Chairman. It considered J&K
disputed territory and stated three parties existed to this dispute which were India,
Pakistan and J&K. All these parties had to sit together to find an amicable
solution.
Jammu And Kashmir Democratic Freedom Party:
Syed Shabbir Shah after splitting with Peoples League and after being
dismissed from APHC floated his own party in 1998 Jammu and Kashmir
Democratic Freedom Party (JKDFP) He talked of peace for Valley, elections
under supervision of international agency and no political dialogue without
65
participation of Kashmiris. Shabbir Shah felt gun can be a part of the struggle not
the end of it. The formation of the new Party was a major political development
because it indicated that the emphasis was shifting from gun to dialogue. It got
scathing comments from other secessionist groups who termed it an evil design.
Jamaat e Islami:
Fundamentalist and most disciplined organization in Kashmir founded in
1938. It does not accept the idea of socialism or nation states. It is committed to
the concept of Ummah and Pan Islamism and has no respect for national
boundaries. It does not accept Kashmir's accession to India its objective is merger
with Pakistan. It demands holding a plebiscite as per UN Resolutions Jamaat e
Islami got considerable patronage during Bakshi Ghulam Mohammad's time and
they got govt. jobs and teaching jobs in govt. schools. Madrasas were activated
by JEI to gain adherents and sympathisers. Jammat has rural following and it was
during Syed Mir Quasim' s tenure in 1971 that they were inducted into Congress
to strengthen his own position. Sheikh considered Jamaat to be an enemy of
Kashmiriyat. Jammat leaders could not capture many votes in the election. In
1977 elections JEI fielded19 candidates but only one won. Islami Jammt i Tulba
is their student's wing. Jamaat gets funds from Saudi Arabia to run Madrasas its
leader is Syed Ali Shah Geelani. JEI allowed Hizbul Mujahideen to be formed in
1990 as it did not feel at ease with JKLF.71
71 www. satp .. org/satporgtp/countries www /india/ states/jandk/terroristoutfits/jammu and kashmir-liberation-front.htm
66
Jammu ad Kashmir Liberation Front:
Till 1986 JKLF had had no organizational set up in Kashmir Valley.
Islamic Students League members especially Shakeel Ahmad Bakshi, Javed
Ahmad Mir, Mohd Yasin Malik, Ashfaq Majid Waniand Abdul Hamid Sheikh.
After the 1987 elections when most of the MUF candidates lost the elections
joined the exiting JKLF in POK headed by Amanullah Khan and aided by
Pakistans interservices intelligence. Quite a few joined it and started the nucleus
of JKLF in the Valley and started armed insurgency in the valley. In 1988 these
activists went to Pakistan for indoctrination and training and meeting leaders on
the other side of Kashmir. They got the attention of Pakistan President Gen Zia ul
Haq. JKLF has demanded conducting a plebiscite in JK but has never concealed
its preference for an independent sovereign state. This stand got JKLF in conflict
with Pakistan. JKLF also held Gilgit and Baltistan to be a part of Kashmir a stand
not appreciated by Pakistan. Benazir Bhutto and her advisers decided that JKLF
alone would not serve the purpose in Kashmir because it claimed to be secular
and independent. Pakistan's lSI reduced support to JKLF and at the same time
floated a number of new outfits more Islamic more strident and more dependent.
By 1989 JKLF was able create an environment of terror in the valley, they
kidnapped Union Home Minster Mufti Mohammad Sayeed's daughter Dr. Rubiya
Sayeed and traded her release for four dreaded militants. In May 1989, JKLF set
11 Hit Squads to carry out assigned tasks.
67
I. Al-Jihad Javed Mir
ii. Hamza Squad Abdul Gaffar
Ill. AI Fatah Squad Javed Ahmed
IV. AI Maqbool Squad Javed Ahmed
V. Victory Commandoes Ghulam Hassan
VI. Shaheed Zia Tigers . Mohammed Ishraf
VII. Sadai Janbaaz Commando Force- Abdul Hamid
Vlll. Musalineen Commandos Rasul Agdam
IX. Azad J anbaaz Commandos Ghulam Hassan
X. Pak Commando Force Rauflslam
By 1995 JKLF Chapter of Kashmir headed by Yasin Malik had a change in its
orientation. JKLF faction headed by Yasin Malik in a statement on Aug 8, 1995
asked all outfits to "show restraint and accept healthy criticism or it would
decrease communalization of the movement." Yasin Malik faction concentrated
on the political aspect of the movement. It was content with supporting the All
Parties Hurriyat Conference. The gun-toting cadres of JKLF shifted their loyalist
to Siddiqui group 72.
JKLF on the PoK side and the J&K side too were developing
ideological differences around this time. This led to a vertical split. At London,
the President and the General Secretary of the UK Wing of the JKLF Mohd.
72 Sati Sahani, Kashmir Underground (New Dehi: Har Anand Publishers, 1996), pp. 50-51.
68
Younus and Shabir Chaudhury denounced Amanullah Khan, and accepted Y as in
Malik as the head of the party. In a statement in London they stated Mr.
Amanullah Khan has been indulging in opportunist, undemocratic and dictatorial
style of functioning. He has been making financial gains in the name of Kashmir
and compromising the position of JKLF at the behest of his masters. This
statement supported the decision of the Party Central Committee to appoint Y as in
Malik as the Chairman. In retaliation the Amanullah faction appointed Shabir
Siddqui as President.
lSI weaned away people from JKLF using money and arms as baits and
floated more pro PAK militant outfits like HUM Moreover the formation of Pan
Islamic outfits like Harkat uk Ansar Lashkar e Toiba and numerous such outfits
contributed to the marginalization of JKLF. Internal factors contributed to the
decline of JKLF as a militant outfit.Yasin Malik walked out of JKLF in1995 His
successor Shabir Siddiqui and 37 remaining members of Amanullah Khan faction
were killed in two incidents in Hazaratbal in March 1996, 11 had been killed on
24 March and other 26 including Shabir Siddiquion 29 March. After this the
JKLF failed to resurrect itself as a terrorist outfit. Its presence is restricted to the
participation ofYasin Malik's faction in APHC.
Apart from these groups there have been close to 1 00 secessionist
players 73 who faded for lack of funds or could not muster enough local support for
the cause they propagated.
73 Appendix II
69
Secessionist Actors:
The Main Protagonists:
Syed Shabbir Ahmad Shah 74
Born in 1954 at Anantnag District in a middle class business family. He
joined the People's League in 1974. He was opposed to the Indira- Sheikh
Accord and spent several years in jail. Released from jail in 1994 he came back to
Srinagar to a very warm welcome. He has spent 20 years in jail and is called the
"Nelson Mandela" of Kashmir . A moderate in his political views and wanted all
Hurriyat Parties to amalgamate and constitute one forum. The single objecti\'e of
this forum he suggested was to seek the right of self determination for the people
of Jammu and Kashmir. He wanted all the militant outfits also to be under a
unified command. These proposals were not acceptable to other groups and least
of Jamaat e Islami. He wants the people of Kashmir, Jammu and Ladakh to give a
verdict on what their future status should be and does not approve of Pakistan
speaking on behalf of Kashmir? He heads the Jammu and Kashmir Democratic
Freedom Party which is not a part of APHC.
Mohammad Yasin Malik:75
Born in 1966 in a lower middle-class. He campaigned in the 1987
elections for the MUF candidates. After the defeat of MUF candidates he was
detained and arrested. Soon after he crossed over to POK and joined the JKLF of
74
75
JKDFP-J ammu and Kashmir. com interview with Sabir Shah April 18, 1999. Altaf Hussain Shabir Shah-A living legend in Kashmir History (Srinagar :Noble Publishing House, 1998).
Time Magazine May 2000
70
Amanullah Khan in POK. He returned to the Kashmir Valley and started the
JKLF Chapter in Kashmir. The highpoint in his terrorist career was kidnapping
Rubaiya Sayeed on 8 December 1989 the daughter of Union Home Minister Mufti
Mohammad Sayeed which gave a great fillip to terrorism in the Valley.In August
1990 he was arrested and imprisoned till 1993. He was released on health grounds
from Delhi to go back to Kashmir. He after his release claimed to have given up
terrorism as a policy for pursuit of political goal. . JKLF Kashmir chapter split
with Amanullah Khan's. JKLF. He emphasised that Kashmiris seek independence
for the complete state of J&K and do not need an interlocutor like Pakistan when
they talk on Kashmir. This emphatic stand on an independent J&K pulled JKLF
out of Pakistan's favour.
Geelani Syed Ali Shah:76
Born in 1929 at Sopore. An Urdu and Arabic scholar and was a
schoolteacher for 12 years. Joined the Jammat I Islami in 1950 and was a member
of the State Legislature Assembly in 1972, 1977 and 1987. He represents the
rightist Islamic front which believes in Nizam I Mustafa and that Kashmir is a
part of Pakistan. He forged all mushrooming political parties to come under one
umbrella The All Parties Hurriyat Conference. He stays in touch with OIC. World
Islamic League and the World Assembly Of Muslim Youth. He was elected
Chairman APHC in 1998 for a period of2 years. Hizbul Mujahideen is the armed
wing of Jamait e Islami. He endorsed the call of ban on Amarnath Yatra given by
76 www.kashmirigroup.freeserve.co.uk/geelani. Week 8 August 1999. Interview, Praveen Swami, Frontline, August 27- September 5, 1997.
71
HUM. In an interview to Indian Express on 16 June 1998 Syed Geelani said that
in 20 years Kashmir will be a free land or part of Pakistan.
Abdul Ghani Lone:
Born in1932in Kashmir. A law graduate from Aligarh Muslim University
in 1951. He was a Congressman who defected to National Conference in 1975
and in 1977 joined the Janata Party. In 1981 formed the J&K People's
Conference. An articulate man who participated in demonstrations and protests
and spoke of granting the right of self determination to Kashmiris as the only
viable solution on Kashmir issue Spent time in jail in 3 spells from 1990-1994. He
rationalized the growth of the gun culture as attempts through democratic and
peaceful means to seek Indian Govts implementation of its commi!ments had
failed and Lonewas killed by unidentified gunman in May, 2002.
Moulvi Omar Farooq77 Mirwaiz (religious Preacher of Kashmir) and
President A wami Action Committee. Born in 197 4 at Srinagar. After the death of
Mirwaiz Moulvi Farooq his father he was made Mirwaiz of Kashmir. He in 1993
was made the Chairman of APHC in 1993. He moved around the world as a
foreign minister of APHC and addressed several fora like UN General Assembly,
NAM, OIC, addressed Universities in USA and UK and met several leaders to
whom he spoke of human rights violations committed by Indian troops and their
collaborators. He met media people and diplomats and spoke about hardships that
Kashmiris faced in their fight for self-determination.
77 Asia Week, 24 December, 1999
72
Prof. Abdul Ghani Bhat:
President of the J&K Muslim Conference was a teacher by profession. The
Chief Minister G M Shah dismissed him from service and in 1987 he helped form
the Muslim United Front. . He believes that political content is needed for any ,..
secessionist movement and guns are not enough and wants a dialogue instead of
armed struggle to resolve the Kashmir dispute. He wanted people of J&K should
exercise the right of self determination and solution offered like partitioning the
state or restoration of Article 370 or to pre 1953 situation is not adequate. He is an
APHC ideologue.
All Party Hurriyat Conference:
Since the beginning of the secessionist uprising many efforts were made
by several secessionist/separatist outfits to forge a common ground for a pro
separatist movements from the valleys political religious, students, intellectual,
professional and social organisations. The first of these was the Tehreek Hurriyet
-e-Kashmir (THK) Kashmir Liberation Movement) an Islamic leaning umbrella
organisation that was the successor in some respects of the Muslim United Front
coalition that had developed in the valley in the 80's.78 After this development of
the 80's an alliance of 26 political, social and religious organisations, the All
Party Hurriyat Conference (APHC)79 was formed on March 9, 1993 as a political
front to further the cause of Kashmiri separatism. The amalgam has been
consistently promoted by Pakistan in the latter's quest to establish legitimacy over
78
79 Robert G. Wirsing, n. 51, p. 134. www.satp.org/satp.org/countries.www/india/states/J&K/terroristoutfits/Hurriyet.htrn.
73
its claim on the Indian State of Jammu and Kashmir. The origins of the Hurriyat
are traced to the 1993 phase of the Kashmir insurgency. The initial euphoria of
armed struggle against Indian security forces, which surrounded terrorist violence
during the late Eighties, and early Nineties had subsided in the face of counter
insurgency operations launched by Indian security forces. The Jammu and
Kashmir Liberation Front (JKLF) with its pro-independence ideology had been
marginalised as a terrorist outfit and replaced by a network of extremist Islamic
outfits sponsored and controlled by Pakistan's Inter-Services Intelligence (lSI).
Parallel to this, Pakistan was aggressively pursing an agenda of attempting
to portray its proxy war against India as an indigenous uprising against Indian
sovereignty to intemationalise the issue. It was in this context that the Hurriyat
was formed as an umbrella body for all over-ground secessionist organisations.
Since the international community frowned upon the resort to violence by non
state actors, the Hurriyat was an ideal platform to promote the Kashmiri
secessionist cause.
Another version claims that the Hurriyat is a creation of the US
interests in Kashmir and was formed through the efforts of a Washington based
think-tank US Institute of Peace (USIP) under the then Presidentship of Robert
Oakley, a former US ambassador to Pakistan. Certain developments do indicate
that it has had active backing from US official sources, particularly the US
embassy in India (when prominent Hurriyat leader Abdul Ghani Lone was injured
74
during a security force action in the early nineteen nineties, he was reportedly
rushed to New Delhi and visited each day by officials from the embassy).
The outfit's main role has been to project a negative image of counter
insurgency operations in the State, and mobilise public opinion against security
forces. The alliance has consistently followed up local allegations of security
force excesses, and in several documented cases, distorted facts to suit its
propaganda goal.. The alliance has also boycotted all elections held in the State
and its top leadership was taken into custody after the 1999 parliamentary
elections. Despite trumpeting its self-professed status as the 'sole and genuine
representative' of the people in the State, the outfit has steadfastly refused to
participate in any democratic process to prove this claim. The only endorsement
received so far for this claim has come, as mentioned from Pakistan. A 'non
paper' on the Kashmir crisis, presented by Pakistan to India during the 1998
Colombo summit of the South Asian Association for Regional Co-operation
(SAARC), had demanded that India recognise the Hurriyat as the 'sole
representative' of the Kashmiri people. This demand was rejected outright by
India.
In 1996, the Hurriyat had distanced itself from initiatives for dialogue
that did not involve Pakistan. In March 1996, the Hurriyat had criticised an
initiative by certain terrorists, grouped under the banner of 'Forum for the
Permanent Resolution of Jammu-Kashmir' that had commenced a dialogue with
then Union Home Minister S B Chavan.
75
The Hurriyat has been plagued with dissension from within on
numerous occasions. For one, there is a clearly defined hawk and dove faction
divide with leaders like Syed Ali Shah Geelani overtly supporting terrorist
violence, particularly of those outfits which espouse an orthodox Islamic future
for the State. In contrast, constituents such as the Jammu and Kashmir Liberation
Front (Yasin Malik) have renounced the agenda of violence. The issue of a
possible future for the State outside the sovereignty of India too has generated an
internal divide with Geelani and some others openly espousing accession of
Jammu and Kashmir to Pakistan and the JKLF demanding an independent status
for the State. The issue of foreign mercenaries and Pakistan-based outfits that
operate without any indigenous membership or leadership too has created
controversies within the alliance.
In 1998, when Syed Ali Shah Geelani was elected chairman of the
alliance, other Hurriyat members Yasin Malik and Shabir Shah dubbed it as a
Pakistani take-over. SAS Geelani, the nominee of the Jamaat-e-Islami (Jel) has
publicly favoured the accession of the State with Pakistan and termed the Kashmir
crisis as a religious issue rather than a political issue. The chairman of the alliance
had, in early March 2001, formally requested the Jammat-e-Islami to replace Syed
Geelani with another representative, a request that was denied even as the Jamaat,
declared Kashmir issue to be a political issue rather than a religious issue.
While dissension within the amalgam is fought out in public under the
fayade of ideological causes, the element of individual ego clashes invariably
76
appear in the conflicting statements of warring leaders. The election for the
chairman in year 2000 gave rise to these ego clashes that have continued to
simmer till date. The main protagonists in this clash have been SAS Geelani and
the People's Conference leader Abdul Ghani Lone. The two have clashed over the
role of foreign mercenaries in the ongoing terrorist violence, and over the status of
the crisis with Abdul Lone terming it as a political issue and SAS Geelani terming
it as a religious issue.
Even as the alliance serves as a political front for terrorist campaign in
the state, its relationship with the various terrorist and over-ground separatist
outfits has been uncomfortable. Several leaders have faced allegations lewlled by
these outfits with regard to misappropriation 0f funds (discussed in Chapter 4),
diverting themselves from the goal of secession and compromising \Vith the
Union government. Even while welcoming the idea of the proposed delegation
visit to Pakistan, militant outfits such as the Lashkar-e-Toiba (LeT) have termed it
as a waste. Another over-ground outfit, the Dukhtaraan-e-Millat (De~!) on
December 10, 2000 while criticising Abdul Lone's statements against foreign
mercenaries, also called upon the terrorist outfits to take action against him. In the
same statement, Abdul Lone and other Hurriyat leaders such as the Mirwaiz and
Y as in Malik were accused of participating in a deal with India and going to
Pakistan as part of the deal. In October 2000, Abdul Lone was accused by the Al
Barq of siphoning off arms and funds meant for the secessionist movement in
77
order to strengthen his position in the event of a power struggle after the region
attains 'independence'.
The alliance's claim to be the sole representative of the Kashmiri
people has so far been endorsed explicitly only by Pakistan. While this claim has
predictably been challenged by the National Conference, the ruling party in
Jammu and Kashmir, it has also come under challenge from other elements such
as Amanullah Khan, the Chairman of his own faction of the JKLF and Shabbir
Shah, a member of the alliance before he quit in 1996. Consequent to the
alliance's positive response to the Prime Minister's cease-fire offer, Pakistan-
based terrorist outfits too have questioned Hurriyat's credentials while
maintaining that they cannot be ignored in any potential solution to the Kashmir
issue. Even while criticizing the September 2000, Hizb cease-fire and subsequent
negotiations with the Union government, the Hurriyat had, in a veiled manner
accepted the process, and insisted that ultimately only the alliance could be
considered as the representative of the people.
The alliance80 largely functions as a co-operative body with an
Executive Council composing of seven members drawn from the main constituent
outfits. The Executive Council is the highest decision-making authority. It
comprises at present of7 major parties: 81
1. List of Parties Comprising the APHC:
80
81
!Name of the Party lAW AMI Action Committee
Indian Express, 24 April2000. Indian Express, 24 April 2000.
Head of the Party Mirwaiz Moulvi
78
Umar Farooq Jamaat-E-Islami Jammu and Syed Ali Geelani Kashmiri Jammu and Kashmir People's Abdul Gani Lone Conference Muslim Conference Prof. Abdul Gani Jammu & Kashmir Muhammad Yasin Liberation Front Malik People's League S. Hamid Ittihadul Muslimeen Moulana M. Abbas
Ansari All Jammu & Kashmir Ishtiaq Qadri Employees' Confederation Employees and Workers Confederation Anjaman-E-Tabligul Islam Syed Qasim Shah
Bukhari Liberation Council Moulana M.Abbas
Ansari Jamiat-E-Ahle Hadith Moulana Tahiri Kashmir Bazme Tawheed Moulana
Mohammed Mubariki
J ami at-E-Ham dania Moulana M. Yasin Hamdani
Kashmir Bar Association Mian Abdul Qayoum
Political Confere11ce Abdul Samad Tehreek-E-Huriati Kashmiri Moulana
Mohammad Tari Jamiate Ulama-E-Islam Abdul Gani Azhari Anjamani Auqafi Jama Mol vi Mohammad Masjid Umar Farooq Muslim Khawateen Markaz Ms. Zamrooda
Habib Jammu and Kashmir Human Noor-Ul-Hassan Rights Committee Jammu and Kashmir People's Justice Moufi Basic Rights(Protection) Bahauddin Farouqi Committee Employees & Workers Confederation (Arsawi Group)
79
Students Islamic League Shakeel Bakshi Islamic Study Circle Dr. Yusufl Umar Auquaf Jama Masjid Ghulam
Muhammad Bhat
Names of the Members of the Executive Council of the APHC
Name Par_!y and Position Syed Ali Geelani Jamaat e Islami (Member) Maullana M. Ittihadul Muslimeen Abbas Ansari (Member) Moulvi Awami Action Committee Mohammad Umar (Member) Farooq Professor Abdul Muslim Conference Gani (Chairman) Abdul Gani Lone People's Conference
(Member) Mohamed Yaseen Jammu Kashmir Liberation Malik Front (Member) S. Hamid People's League (Member)
It is the APHC and JKLF, which led the secessionist movement m
Kashmir and kept fanning the sentiment of secessionism. JKLF and APHC have
indulged in paradiplomatic activities. Since 1995 JKLF has become a part of the
amalgam called APHC.