KARGIL VERDICT

The just concluded local Ladakh Autonomous Hill Development Council-Kargil Chapter
(LADHC-K) elections have once again placed the reorganisation of J&K state ( Abrogation
of Article- 370,35- A) and division into two UT’s (wherein Ladakh was carved out as a UT)
at the centre of Kashmir politics. The fact is evident from the outright victory of pre-poll
alliance partners of National Conference and Congress, both members of I.N.D.I.A
bandwagon, winning 12 and 10 seats respectively while rejecting BJP leaving it only with 2 seats.
The Autonomous Hill Councils in both Kargil and Ladakh divisions are key to local
governance and development. Like Ladakh, Kargil Council too has 30 seats but elections
take place only for 26 seats with the remaining four nominated seats reserved to give
representation to women and minority communities with full voting rights. A Chief
Executive Councilor (CEC) leads the Council with an Executive Committee of five
members.
With the voter turnout of 77.61 percent out of 95388 eligible voters, its significance lies
in the fact that it has been the major electoral activity following abrogation of article 370
on 5th August, 2019. The outcome, though, not surprising and on expected lines : the
palpable anger triggered by the J&K re-organisation of the State by reducing it to two
UT’s found the expression and rejection of BJP’s development agenda was more
pronounced. The National Conference reaction was communicated by its VP Omar
Abdullah in a tweet–‘ It is time to cease hiding behind the Raj Bhawan and unelected
representatives and, instead, acknowledge the people’s rightful desire for a democratically elected government in Jammu and Kashmir. Democracy demands the voices of the people be heard and respected’, Congress attributed the victory to its leader Rahul Gandhi’s visit to Kargil on August 24, his first to the Ladakh UT since August 2019, and his subsequent meeting with the locals, his party workers and supporters.NC’s agenda was clear from the very beginning– make common cause of Kashmir with Kargil as co-religionist identity; Congress as usual had secularism plank as its selling point. Consequently the vote is seen as an emphatic rejection of division of J&K,
therefore against BJP. It is significant to recall the reaction of Kargil to abrogation of Article-370 expressed in no uncertain terms its anger and frustration with the new reality of the situation. Despite carrying out some development projects in the area, such
as expansion of the road network and setting up of some new educational institutions
and reservation in lower-rung jobs for locals there seems to be a tide of resentment
against the BJP. Though Ladakh was quick to welcome the decision, as a matter of fact
rewarded BJP by electing its candidate Jamyang Tsering Namgyal as MP in 2019
Parliamentary elections. Ever since Ladakh has embraced the development agenda of the
Centre with open arms
ANALYSING THE POLL OUTCOME
An insight into the population profile of Kargil is significant for making any assessment
of the politics at play there. Muslims constitute about 88 percent out of which 90 percent belong to Shia sect and rest to Suni sect of Islam,12 percent belong to Buddhist faith though there are negligible number of Hindus and Sikhs too. Politics in Kargil is deeply entrenched in local religious agenda influenced by Iranian revolution of 1979.This is because Iran post- Khomeini has been claiming itself as the global leader of Shia Islam. In order to put in place significant social and political changes at the micro level two powerful religious factions-Islamia School (ISK) and Imam Khomeini Memorial
Trust (IMKMT) have sustained their overwhelming influence and clout over the society through politics in playing out the local democracy. This is illustrated by the role taken
by them as an interest group in the context of electoral politics and local administration.
Noteworthy to know is that ISK is a pro-National Conference which apart from teaching usual academic curricula imparts religious education also and is seen as a slightly secular organisation. IMKMT borne out of a split in ISK is pro-congress which runs a school by the name Muthhari School which along with regular teaching imparts religious
knowledge and ideology to the future generations. It has selectively appropriated
Khomeini’s revolutionary ideologies to instigate social change and shape local politics
and religious practice in Kargil. Both these organisations had rejected separation from
Kashmir and partition of the State which has been simmering all these years. .
Both the political parties NC and Congress willy nilly catered to the local politics driven
by the two politico-religious organisations. The sentiment was summed up in this regard
by Haji Abdul Qayoom an Important leader“how will an officer feel if he is reduced to a peon.” At the heart of it lies a great dislike for BJP. In the context of elections, non Valley
regions rarely figured in electoral arithmetic of the State. Driven now by a sense of victory, Kargil is infusing new vigour and new enthusiasm in the local politics.
While concluding, in the light of the electoral results, BJP needs to revisit its policies
especially in the light of impending State and Parliamentary elections

HINDU DIMENSION OF KASHMIR-2

Originally Satidesa but with the passage of time came to be known as Kashmir. Neelmat Puran commences with the statement that it was primarily a vast lake called Satisaras and this assertion has received the sanction from the known geographer James Rennel and agreed by the Muhammadan writers. The draining of water from the lake and killing of the demon Jallodbhava born from the waters of Satisaras is ascribed to the strenuous efforts of Kashyapa with a plough by Ananta. This too finds a cord with Muhammadans, who according to them was a Deo or Genie and not the Hindu seer.

Nagas constitute the earliest inhabitants of the place. The term Naga ‟stands for spring, cheshmah, and nagin for small spring. According to the Nilamata Puraṇa, Nagas were supposed to reside in the lakes and springs of the valley. The predominant mode of Naga worship snake-cult seems to have been established in the valley from pre-historic times and undoubtedly had been one of the earliest religions of the land. Naga worship had a close relationship with legendary origin of Kashmir. Even now names of places like Verinag, Anantanag, Śeṣanag Kausarnag, Nilanag etc. show traces of ancient Naga beliefs. Hindus still propitiate these Nagas at Martand (modern. Mattan in Anantnag District); even shrada is performed, water is offered by Hindus to the Sun God and to their ancestors. Likewise, before having Darshan of the Shiva Linga (snow Linga) at Amarnatha, a holy dip is essential in the Sheshnag. Apart from this the headgear used by Hindu ladies had a snake head like long cover and moulded like the snake body and its tail touching the lower limbs and known in popular parlance as Poochh.

Being the earliest and original inhabitants of the place, Nagas showed a great deal of reluctance to co-exist with the descendants of Manu (Vedic Aryans), Pishachas and other tribes. With the gradual spread of these splinter social groups, Nagas encountered intrusion and the resultant menace of antagonism. Consequently, an agreement was reached between the King Neel and Kashyap Rishi to retain Naga worship as the predominant feature of the religion and by doing so they succeeded to extract a place of honour for their deities in the large Brahmanic Pantheon.

All credible evidences from the annals of Kashmir history establish that the place was a pivotal centre of Hindu thought and learning, therefore, Hinduism and Hinduness never diminished from Kashmir. The forward movement of the kingdom and the society thereafter had to face ideological tensions on account of religious developments. These developments show continuities with the succeeding centuries and can be reconstructed on the basis of religious texts, inscriptions, architecture, and sculptural remains. At the level of popular Hindu religious practices, the devotional worship in temples and pilgrimage touched the Hindu religious nerve and constituted its mainstay. But, the turbulent religio-political conditions that prevailed over major part of the history of Kashmir resulted in weakening of Hinduism. An important landmark in this regard was the arrival of Islam which shook Hindu society to the core and thereafter it is a saga of survival of Hinduism under the most trying circumstances.

The process of Islamization of Kashmir was takeover of one religion and culture by the other and thus falls within the category of ‘the Islamic expansion under Muslim political rule, established by conquest’. Despite Kashmir’s forced conversion, the history of Islam in the valley shows that the Muslims did not completely part their ways with the pre-Islamic practices after the conversion. Thus, the actual conversion from the pre-Islamic way of life to that of the Islamic one is said to have remained far from achieved. Of significance to note is that Kashmiri Muslims have retained the elements of Hinduism which critics describe as ‘saint and shrine worship’ among the Muslims of Kashmir even though the religion of Islam is thought to be too abstract to satisfy their superstitious cravings.

Hinduism Deeply Embedded In Local Religious Practices

Post Sultant period commences after the advent of Islam in Kashmir whose primary surge in the valley was neither spiritual nor indigenous. It was a complete political invasion by a Turkic-Mongol named Dalucha or Zulju. Consequent to the victory, the main person who preached Islam in Kashmir was Saied Ali Shah Hamdani, popularly known as Shah-I-Hamadan who trapped the native Kashmiris in his religious clutches. It washe who committed himself to the task of ensuring that Kashmir becomes primarily an Islamic state. Islam being a monotheistic religion encountered the main religion Hinduism based on polytheism.

Hinduism being the mass religion in Kashmir, the spread of Islam gave a severe jolt to the Hindus who stuck to their religion while the others became the Hindu converts to Islam. The Hindus began to adopt Muslim manners and dress out of fear of persecution. The Muslims also did not remain completely uninfluenced by Hinduism. Even after the establishment of Muslim rule in the Valley and introduction of Islam, Kashmir continued to manifest singular tendencies for their pre-Islamic customs and traditions. The influence of Hindu practice (riwaj) on their social life and thought remained as strong as ever and continued to live with these in rest of their Islamic journey as Muslims. The Hindus, therefore, forced to embrace Islam did not do a complete break with the past. Thus, while they celebrated Eid-ul-Fitr and Eid-ul-Zuha, they also continued participating in the Hindu festivals ofChakra, Chaitra, Sripanchami etc.

In order to Islamise the place, influencing the religious landscape of Muslim society in Kashmir assumed significance and the neo-Muslim converts had to pass through so many challenges and influences. Of significance here was to impart religious education to them by the preachers of the time which is attributed by the historians to the Sufi missionaries from Central Asia and Persia. The second and most influential role is attributed to local Rishis in communicating the local variant of Islam in Kashmir which was nothing but superimposition of the Hindu religious influence. At this time Shaiva philosophy was popular in Kashmir. Progressive Buddhism in the shape of Mahayana had also arrived in the Valley. Botyaar and Bodgheer in the old city

in this regard remained as the most established Buddhist residences in Kashmir.

Emergence Of Sufis And Rishis As Muslim Preachers

At a time when Islam was making inroads in a big way in Kashmir and too anxious to free Neo-Muslim converts from Hindu encrustations, three people make their strong presence on the socio-religious scene viz Lalleshwari, Nund Reshi and Sayeed Ali Shah Hamdani. Emergence of these people beyond doubt transformed the entire social order and as such was a turning point in the history of Kashmir. Sufi Missionaries reached Kashmir after it had entered the last and most important phase of the History – the organisation of khanqahs and Silsilas (order).

Syeed Ali Hamdani: The most dominant influence on Kashmiri Muslims was exhibited by the Sufi orders like Sohrawardy, Kubrawi and Naqashbandi which arrived in Kashmir from Persia and central Asia almost simultaneously with the foundation of Muslim rule. Its ideological framework was based mainly on orthodoxy in conformity with the Sunni traditions of Islam. Arrival of Sayyid Ali Shah Hamdani in Kashmir at this stage has played an influential role in spreading Islam and the Islamization of neo- converts for whom departing from past legacy was more than difficult. He made strenuous efforts to support and strengthen the orthodox Sunni cause and left a deep imprint on the Muslim society of Kashmir. Its ramifications included to create and sustain the contours of the structure of doctrinal Islam. His main concern seems to have been to help the local Muslim administration and use it as an instrument to preach Islam.

Nund Reshi: was the founder and most popular saint of the Reshi cult of Kashmir. Whereas Hindu scholars call him Sahazanand because of his Hindu ancestry, but, of late, Muslim theologists describe him as Noor-ud-Din Noorani or Sheikh-ul-Alam (the light of religion and the Sheikh of the world). But, as the darling of all Kashmiris, irrespective of caste and creed and as per his own repeated reference as Nunda, he was endearingly called Nund Reshi. He is the product of fusion between indigenous Shaivism of Kashmir with Sufism of central Asia

Kashmir seems to have been an abode of Rishis long before the advent of Islam and for this reason it was known as Rishi Vatika. A strong folk tradition still persists, particularly in a number of villages of Kashmir, pointing out the existence of Rishis in very ancient times. The emergence of Nund Reshi as the founder of an indigenous order of Muslim mystics (Rishi Silsilah) established the social significance of the Rishi tradition for the first time in Kashmir’s history. Under his influence, the Rishis emerged as a vital social force. It may, however, be asked why Nuruddin called his order by a Hindu name and also why his order, in recent years, has been equated with “a new Bhakti movement”, said to have been started by Lal Ded, the Saivite mystic of the fourteenth century. Scholarly approaches to this day have mostly centred around the view that the Rishis were unconcerned about missionary activities, and that having borrowed “elements such as the mortification of the individual soul and hard ascetic exercises” from the Yogis, they had developed a “hatred

for worldly life”. They did not claim any Sufi ancestry and did not hesitate to borrow ideas and practices of the Hindu ascetics, especially those of the Saivites of Kashmir with their emphasis on individual salvation and indifference to the fate of others. Nund Reshi was the younger contemporary of Lalleshwari, the saint patron of Kashmiris. He was another prominent person in the spiritual heritage of Kashmir. Nund Rishi is popularly presented as the successor, “spiritual son” of Lalleshwari

Lalleshwari: Lalleshwari lived at a time when Kashmir was witnessing unprecedented political and social turmoil in the 14th century. She is witness to the injustices done to the Hindu social order and then the advent of Islam through the activities of the Sayyids of Persia and central Asia. All these political and social changes were not lost on her as they were badly impacting the day today lives of ordinary people. She, therefore, emerges as a rebel saint poetess and her legacy is the contemporary Kashmiri literature in practice and an important contributor to the new spiritual tradition of Kashmir. She is considered to be a Shaivite yogini influenced by Mahayana Buddhism, and the patron saint of the Rishi order. This cross-cultural fusion had direct impact on her outpourings, which is replete with syncretism.

Her verse-sayings are timeless and deeply embedded in Kashmiri culture. Her devotional poetic compositions –called vatsuns, vaakhs or Lalla-vaakhs, literally meaning Lalla’s speeches– perfectly reflect socio-political upheavals in Kashmir on the one hand, but also depict her mystic experiences, show her poetic genius and deeply compassionate look at human existence with its everyday hardship. She spread her message in Kashmiri language, accessible to everyone, not only to the privileged intellectual elite. It is utterly important to remember her legacy, the mystic idea of divine unity which was spread in simple language easily understood by a common man. She became a great practitioner of spirituality to attract people to humanistic perception of religion, based on equality and challenging and rejecting social discrimination and revolting against organized religion which was at that time strictly connected with conservative ritualism and superiority. Her immense influence on shaping the collective identity and popular religious thought of Kashmiri people makes her the most important indigenous poetess in the religio-cultural history of Kashmir.

Fusion Of Various Religio-Ideological Streams

The impact of socio-religious movements in Kashmir like Shaivism and Rishi Movement wielded considerable influence on the religious and philosophical beliefs of the people but were unable to resist Hindu philosophy and trend of thought. The strong influence of Trika Shaivism on Islam resulted in the emergence of a new cult, which came to be called Rishi cult, a synonym of Bhakti. It became the popular faith of the people. The Trika Shaivite culture which was restored after decline of Buddhism in Kashmir developed from a blending of the Vedanic and Buddhist philosophies, Sufis were also influenced by ascetic and meditative practices of Mahayana Buddhism. Taking into consideration local historical heritage, ethnic identities, specificity of traditions and customs and their impact on social changes, this process can be perceived

both as Islamisation of Kashmir and as Kashmirisation of Islam. This culture with Buddhist influences led to the development of distinct Kashmiri characteristic.

In this regard the religious practices of Kashmiri Muslims became heavily influenced by the Hindu heritage of the place as both more or less belong to the same stock. It needs to be iterated that the life of the people of Kashmir was ruled by customs (Rewaj) and tradition. Kashmir as a matter of fact had already established its own system of ritualistic practice and customs. Essentially un-Islamic but such ritualistic practices led the Muslim religious behavior to incorporate some of the rituals present even till today such as,

Mass visits to the shrines is still a commonplace phenomenon among a large section of Muslims in the valley. The people believe that visiting the shrines and praying there would fulfil their worldly wishes as their graves are believed to be possessed of miraculous powers and listen to and help grant their devotees’ wishes.

They would pay nazar/ niyaz (gift) to the shrine when they are granted their wishes. The supplicants also tie votive rags (d’ash) to the shrines for securing worldly objectives. The rag is left in its place till the objective gets realized.

Vegetarianism practised on the anniversaries of Muslim Reshis like great Reshi of Batamol Srinagar, Reshimol of Anatnag and Baba Reshi of Baramulla. All these places are called Asthans (Derived from Asthapan-a centre of pilgrimage). Kashmiri Muslims therefore are known world over as Asthanparast Muslims.

The devotees smear their face, throat and body with the dust in precincts of the shrine, gaze at it and seek blessings with folded hands.

Darudkhani is common at such centres which is but the refined form of Puja.

During the early hours of morning, one often observes some Muslims turning their faces with folded hands towards the shrines situated on the Vitasta.

Some of the shrines are also visited to settle the disputes between two parties over any issue where they take an oath with the belief that the liar would incur the wrath of the Sufi Sheikh. The wrath of a dead Sufi Sheikh is believed to be so furious that a liar is bound to be blinded for life if he/ she takes a false oath of truthfulness. The shrine of the Sufi Sheikh is still held in much veneration, and the people even turn off their music system in the vehicles when they pass by it.

The practice of not catching and eating the spring fish handed down to us from pre-Historic period is still considered a sin by the local Muslims.

In view of the Islam becoming the dominant religion yet Hinduism’s indelible mark on its social structure is profound. Its religious practices as explained above, therefore, cannot be separated from the Hindu past of Kashmir. It may not be out of place to mention that though Islam conquered Kashmir politically but failed to conquer it culturally.

MADHAV KOUL-AN UNSUNG AND UNWEPT HERO OF 1931

Whenever there has been an upheaval in Kashmir,be that political,social or religious Kashmiri Pandits have invariably been at the receiving end.It has seen an uninterrupted continuity from times immemorial.The history of Kashmir is replete with such examples as forced religious conversion of its people bears witness to its consequences.Having witnessed worst kind of mayhem and arson in 1931,Kashmiri Pandits continued to remain vulnerable to majoritarian outrage and assault,therefore psychological pressures about their safety and security as a community kept constantly building on them.

The post July 1931,uprising made the soil of Kashmir politically fertile for the demonisation of its minorities particularly Kashmiri Pandits.It brings to the fore the impact of communal riots that engulfed Valley on the said month of 1931.Thereafter the deeply embedded public sentiment against the Kashmiri Pandits started surfacing gradually and found its expression in many violent incidents of targeting the members of KP community which largely remained unnoticed.One such incident is mob lynching of Pt.Madav Koul.

MADHAV KOUL;WHO

The aftershocks of July 13,uprising remained palpable for a long time and left its unpleasant footprints on the social relations of the people.Illustrative of it is the cruel and cold blooded murder of Madhav Koul on September 24,1931 while on duty.He was a revenue officer (Nazir) at the Naib Court of Shopian and was residing with his wife as a tenant in the house of Pt.P N Punjabi.By nature a workaholic,he would therefore invariably hang around his duties.September 24,being the day of Ant chhodah,his pregnant wife was busy in making sweet pudis for performing satyanarayan Puja and that kept her waiting for the husband to break her fast.Little could she have imagined that a biggest shock of her life was in store for her and that was to receive the mutilated body of her husband stacked in a big jute sac.More appalling was to give birth to a posthumous male child sometime after his death
NARRATION OF FACTS

Pursuant to the revolt against the Dogra regime,Kashmir saw a dislike for Maharaja’s rule which eventually became an organised movement against the hindu rule.Anything connected with it came under its destructive sweep.Since there was no dearth of religious bigots who would get provoked at the drop of the hat,his murder therefore has to be seen from the context of toxic anti-Maharaja campaign gaining momentum.It resulted in inflaming the Anti-Hindu passions leading to the spewing of their venom against the Hindus which ignited the communal fires and Kashmiri Pandits became victims of the mad frenzy. Its progression led to the angry crowd shouting slogans against the Maharaja and quickly moving towards the Munsif court and police station.With Madhav Koul already in possession of such an information,he apprehended trouble for the Town and KP minority in particular.Consequent to it,he swung into action and started taking some preventive measures first and foremost being his advice to the Hindu shopkeepers to close the shops and return home quickly as most of them resided near the Hindu village Bhatpara.Most of the people showed reluctance to leave as their children were trapped in the school compounding their worries.He made them to see the logic and reason behind his persuasion after assuring them about ensuring the safety of children as a priority.To live upto his promise made to the distraught parents,he quickly moved towards the middle school and shifted the children to safer place.

Having secured the safety of the children,the next thing on his mind was to

leave for the court to secure and prevent mob rioting but that was not to happen as he was trapped by the murderous mob at Kila Bagh only to get lynched and his body mutilated.Not content with that his eyes were gouged out with sharp edged knives.The immediate provocation for making a cause before killing him came from the mob who insisted on the instant release of a Pir(Moulvi) facing trail in Munsif Court for seduction charges.

The angry mob after satiating the thirst with the blood of slain Madhav Koul became unstoppable and went on rampaging spree.This resulted in damage to the public property including the dismantling ofthe top storey of the police station,burning publicand Hindu minority properties and stone pelting.Seeing the worsening situation and crowd getting out of control,Police resorted to fire, a first time in the history of shopian that bullet was fired.The administration without waiting for any further damage moved swiftly and ,issued an ordinance called 19 L under which Army was deployed and powers vested with Army officers and District Magistrates to search and arrest without warrant any suspicious persons.Massive combing operations were launched by the Government in the neighbouring villages and towns to nab the killers.The main accused Khalil Banday remained absconding but the other culprits Mohmmad Sultan Nengroo,Abdul Gaffar and Mohmmad wani were apprehended.Further to their arrest, they were subjected to the interrogation in the police station and it remains unclear till date
Whether two of the people died in interrogation or were sentenced to death.It is a different matter that they were declared as freedom fighters later and their
families received pension by the post independent Government of the State.

IGNORING KASHMIRI PANDITS IS UNACCEPTABLE


Cruel and inhuman as the exodus of Kashmiri Pandits was and being a refugee thereafter in one’s own country is not only painful but a cause of an extreme psychological injury inflicted on the beleaguered community.The tragic saga is accompanied by the persistent denial of justice for which the displaced community is paying a heavy price in terms of its nil or little participation in the Kashmiri affairs. This persistent negation leaves one with the conclusion that their wounds will continue to ooze blood for sometime more.
In the backdrop of above,how does one interpret the exclusion of Kashmiri Pandits from the PM’s all party meet on Kashmir which includes those people with whom BJP was an unhappy coalition partner in running the affairs of the then State of J&K before the imposition of Governor’s rule and citing that”The situation in Kashmir Valley has deteriorated…radicalisation is on the rise,” Ram Madhav, the BJP general secretary and in-charge of Jammu and Kashmir, said on June 19,2019 in New Delhi,as the reason for the withdrawal of support.Post withdrawal almost for two years the mainstream politicians were accused of fostering a dynastic politics in Kashmir.To contest the BJP accusations resulted in the formation of Gupkar alliance with a stated political agenda of restoration of Article 370 which is nothing less than an affront to the GOI.
Therefore what changed overnight that resulted in extending an invitation for a meeting with the Prime Minister of India to this euphemistically called Gupkar Gang in addition to other political parties of UT.Presuming that the statecraft demands these people who have manned the State most of the time must be heard and obviously conceding some palliatives also must be on the cards but howsoever cosmetic they might be but of utmost importance is the reiteration of their Political agenda of restoration of Article 370.And that is the unpleasant truth.
The pre-ninety mainstream politics had created an edifice of defining secularism as majoritarianism and Muslim victimhood,using it as an instrument to build a narrative and ensuring that it entered the race memory of the people there,the results are there for all of us to see.Receiving serious attention to the alleged grievances which by now has become an important weapon to only lionise them at the cost of Kashmiri Pandits an equally important stake holder of the state.This attitude gradually rendered them politically irrelevant which continues till date.It received a tacit recognition from successive Governments.Exclusion of Kashmiri Pandits from the current proposed meeting is an offshoot of the same policy of negation. Following the precedent set by the predecessors,the current dispensation too seems to be toeing the same policy and for a Kashmiri Pandit it is a big political statement.
The exclusion has set in motion a chain reaction an obvious blow to the hopes and the expectations of exiled community from this Government.It is a different matter that on Sept. 21,2019 before making a speech to tens of thousands of members of the Indian diaspora in Houston, Prime Minister Sh.Narendra Modi met separately with a small assembly of Kashmiri Pandits.As Sh.Modi met the group, he told them in Hindi: “Mein laga hua hun,” which translates to “I am at it.”He was reiterating the long-held promise of Bharatiya Janata Party (BJP) to facilitate the return of the Pandits.The meeting was marked by a deep expression of gratitude to Modi ji for his concern towards the displaced Community and the government’s decision to revoke the special status of the state of Jammu and Kashmir.
What are the options therefore available to the displaced Community,should it accept the outcome of the meeting without them being part of it.The answer is a Big No— to tell them in unequivocal terms that ignoring Kashmiri Pandits in any decision making process on Kashmir is unacceptable.It is imperative for the Government to give displaced Kashmiri Pandits a sense of belonging and participation in the current political structure, lest it is viewed as weakness of the Indian state to acknowledge and accommodate alternative nationalist aspirations. However the narrative of the Kashmiri Pandits provides a different aspect/ perspective of the history and politics of the Kashmir valley and is our bounden duty to ensure that it reaches the ears of hitherto reluctant power corridors of the country.Justice has not only to be done, but must appear to have been done

RC KAK-MISSING LINKS IN THE STORY

The archival material,documents and secondary sources examining the pre-partition situation of Princely State of J&K in 1946,1947 presents former Prime Minster of J&K RC Kak as an advocate of independent Kashmir.The nature and extent of information available on RC Kak displays him as the principal actor of the times.But given the circumstances of that time,the vacillating Maharaja,invading tribals,uncooperative Indian state,underlying communal faultlines and burgeoning internal crisis,his politico-administrative role during those crucial years has remained hotly contested till date but after digging too deep,the twisted versions of historical facts come to the fore.In order to present a fair appraisal of Kak,it is therefore significant to do justice and impartially evaluate his handling of the princely state at the crucial juncture of the history.
HIS BACKGROUND
Born on June 5,1893 in the Razdan clan,R C Kak graduated in 1913 from Sri Partap College Srinagar.His wife had died due to tuberculosis in 1928 when she was 34,leaving behind four sons.Kak remarried in 1935 an English woman Mary Margret but with no child from her.His second English wife adopted Kashmiri tradition with perfection,learnt Kashmiri language and was affectionately called Ben Ded in Kak family.
Not a politician but an intellectual with integrity,Ramchand Kak became the first Kashmiri speaking Prime Minister incidentally first and also the last Kashmiri Pandit to occupy the highest political post of the Princely state of Jammu and Kashmir.He remained its Prime Minister from June 1945 to August 11,1947.Kak served at various key positions in Maharaja Hari Singh’s administration.Beginning his carrier as the superintendent of archaeology,he was appointed to the post of Chief Secretary in 1937.He was appointed as the Minister of Military Affairs in 1941 and held the post of “Minister-in-waiting” for the Maharaja Hari Singh during 1942–1945.During the key transitional period when the British were preparing for departure from India,he served as the Prime Minister of Jammu and Kashmir.
IMPERIAL OBJECTIVES
Kashmir being the frontier State,British imperial policy in the late 19th century was guided primarily by the fear of Russian advance towards India through the Pamir mountains,Hindu Kush and Himalayas.On account of its strategic location,Kashmir appeared to be an ideal buffer against incursions from Russia,Afganistan and China into subcontinent.Such a policy however implied some control over Maharaja.Seen from this perspective, the late Nineteenth century saw a period of intense British interest in the subcontinent especially Kashmir.
The Gazetteer of 1888 mentions that “whosoever keeps Kashmir with him would control the subcontinent.Its real import is realised upon it becoming the geo-politically an important frontier State post partition,It therefore has a strategic importance in the Indian subcontinent.Because of this,the Indian subcontinent became vital for Colonial British power’s economic and foreign policy and even after partition Britain did not want to loose these strategic advantages.Keeping therefore the State’s geo-political locus,in mind the,colonial partition policy adopted can be gauged from evaluating the core features of Imperial disengagement from subcontinent,which are as;
1)Creation of a permanent threat for India in the form of hostile Islamic State of Pakistan.
2)Create an independent Muslim ruled State of Jammu and Kashmir.
3)Empire’s retreat from India with little or no cost to Britain.
It formed the key background for their attitude towards Kashmir.To realise the avowed objective,Colonial administrators encouraged secret diplomacy behind closed doors as an extension of Imperial responsibility.As such laid down the frame work of accession for British Indian States and independent States to go either way in the event of partition.
PRE-PARTITION PHASE
Kashmir was like a proverbial Keg and the spark was provided by the impending changes in the subcontinent.Resultantly the subcontinent was in the midst of a deep communal and political crisis.Quite naturally,the Congress leaders keen interest in Kashmir evidently disturbed the future leaders of Pakistan.The doubts in these would be leaders were compounded by Pandit Nehru’s Statement to Mountbatten(Kashmir in Conflict by Victoria Schofield)”of the first importance to India as a whole not only because of the past year’s occurrences there which have drawn attention to it,but also because of great strategic importance of that frontier State.There is every element present there for rapid and peaceful progress in cooperation with India”.
in view of the potential conflict of interest,pre-partition phase saw intense lobbying for Accession.It was re-inforced by improving the communication in order to determine how Kashmir could be secured for India.In this regard frequent coming and going of Congress leaders between India and Kashmir is significant.Both Pakistan and India continued to court Maharaja and Kak as also Sheikh Abdullah.Noteworthy names visiting Kashmir include Acharya Kriplani,Rulers of Patiala,Kapurthala and lastly Mahatama Gandhi who it seems to have tilted the balance in favour of India.Not to be left far behind,Jinnah too offered political palliatives to Kak in order to remain on the other side of the fence.
DILEMMA OF MONARCHY
With the changing political patterns in British India,Kashmir too fell its impact but remained localised for sometime.There was however a substantial change in the situation after Government of India sought the views of the states on the subject of accession in late 1946,post cabinet mission consultations with Government of India and Indian leaders.It was a time when the accession was envisaged with reference to the newly to be created Dominion of India as the issue of partition had not gained currency till then.While the Monarchy was still grappling with its political implications,the changes of far reaching consequences were underway on the subcontinent about the impending partition of the Country into two dominions.The future of the colonial structure,the British had built in the subcontinent and with the future of the princely order was on the anvil.India was divided,like any other Indian State J&K was also released from the purview of the British paramountcy.
After the Partition of India was decided in June 1947,It is from here Kak’s role comes into play essentially when the decision on accession became imminent.Consequent upon the challenges thrown by the accession,the internal State of Kashmir became too complicated,therefore a cause of concern for him.The strains of the situation viewed its future with great anxiety as the politics of accesion dominated and gave rise to mainly three categories of opinion,viz
BENEFICIARIES OF DOGRA RULE
Those who had flourished during 100 years of Dogra rule wanted Autocratic rule to continue.
NATIONAL CONFERENCE
Predominantly Muslim in membership but with significant Hindu and Sikh support preferred India
MUSLIM CONFERENCE
Led by Ghulam Abbas was influenced by Muslim League and believed that the hope of Kashmir lay in Pakistan.
Other factors which played a significant role in vitiating the atmosphere was the incessant campaign of the Muslim Press of Punjab and Muslim Conference Party of the State.Viewed from this perception,Kak was trapped between upholding the Constitutional Monarchy on the one hand and the sharp political fragmentation on the other side.Iluustratative of it is the wide gulf between various stake holders towards the issue of accession.Given the high stakes,this dissension was moving fast towards a political watershed as the communal forces had already reddened the political sky.
Throughout the first half of 1947,kak was confronted with the question of accession.But faced with sharp political divisions represented in equal measure by National conference and Muslim Conference,their influence on the people was palpable with potential consequences.Being the Prime Minister of the State the foreign relations was a subject within the portfolio of PM and his views,subject to the approval of the Maharaja constituted the foreign policy of the State.Kak’s position was that”since Kashmir would not accede to Pakistan,it could not accede to India”.He with the blessings of Monarchy toyed with the idea of non-accession policy and advised the Maharaja that Kashmir should remain independent for at least a year,when the issue of accession could be considered.Jinnah told him that Kashmir could hope to get far better terms if it acceded immediately rather than later,but Kak’s position was that the state’s decision on non-accession was final.Jinnah is reported to have said that he did not mind the state not acceding to Pakistan as long as it did not accede to India.The non-accession pull comes at a time when he was understandably under pressure.He could only carry on the agenda of his Maharaja but did not succeed in making the sinking feudal structure walk.
It unleashed a difficult situation in which the indecisive ruler had to determine the future status of the princely State.With his waning power and influence,Maharaja’s pre-accession thinking was guided by the major challenge of saving the continued but tottering Dogra rule,which looked quite unlikely.Faced with little options available to him,buying time might perhaps make him survive the transfer of power in order to make a politically expedient decision later at a convenient time but failure to declare his position cost him dearly.The first causality of this dithering was a carefully crafted intrigue timed for full effect to poison the Maharaja against his Prime Minister RC Kak as his detractors had accused him of impeding the accession with India.
While returning to Srinagar after spending a weekend at Shikargarh Tral,Kak sahib was in for a rude shock when an arrest warrant was produced against him as the Maharaja had dismissed him on August 11, 1947.This is the first time and probably the last when a serving Prime Minister is arrested from his office at Shergardi.
In his book“Hamara Adab”late Moti lal saqi described Kak”He had that foresightedness” The book said”he (Kak) was very close to Maharaja Hari Singh but was removed unceremoniously from the prime minister’s post when Sheikh Mohd Abdullah, Pt. Jawaharlal Nehru and Acharya Kripalani hatched a conspiracy and poisoned Maharaja’s ears against him. Kak had risen from the post of a librarian to prime minister’s position by dint of his sincerity and ability”.
Moti Lal Saqi, Padmashree Awardee, in his book also makes a mention of how R C Kak was humiliated by the late Sheikh Mohd Abdullah, when he was paraded through main bazaar of Harisingh High street in Srinagar city,with both his hands tied with a cord made of twisted paddy hay and people were ordered to shower shit and filth from their housetops over R C Kak. Kak was forced to give statement against Maharaja Hari Singh rule. But he did not utter a single word against the Maharaja. It is sad to notice, when Kak died on 10th Feb 1983, in Srinagar his death was not even condoled. The political enmity between R C Kak and Sheikh Mohd Abdullah had begun when the latter was arrested on 24th May 1946 on the charges of opposing the Maharaja’s rule.

HOW RELEVANT IS TREATY OF CHUSHUL IN SINO-INDIAN STAND OFF

Ladakh was a strategically important region for both the Dogras and the Sikhs since it oversaw trade routes from Tibet to the rest of India,It therefore bore witness to the struggle between the Tibetan Empire and the Tang Empire of China.Though Tibetan forces briefly subdued the natives for brief periods of time during 7th and 8th centuries.Ladakh came into forefront of the history only after the breakdown of Tibetan empire shortly after the death of Buddhist persecutor Lang Dharma whose assassination led to the disintegration of Tibet as a great empire.In the power vacuum left by his death,Tibet once again became an intense focus of  military concern for the Qing authorities and in the twilight of imperialist dynastic rule of the Qing Dynasty,the border regions became increasingly chaotic and resultant unstable Lhasa.

Hereafter Tibet’s political history begins with the age of foreign Interests and occupation.As the 19th century advanced,changes swirled all around Tibet.Britain was establishing a presence all along Tibet’s southern borders,Russia was encroaching through Central Asia and the Mongolian lands,and the Qing found their power in a dramatic decline within China.These external shifts contributed to a period of change within Tibet as well.Pertinent to mention here is that Tibet fell under the control of Leh during the reign of Sangernamrgyal the Gyalpo of Leh between 1590-1640.Though Leh being a small semi independent Buddhist state was ruled by autocratic chiefs but When conditions were propitious and the Gyalpo strong, chiefs would invariably exert its influence over it.

DOGRA INVASION OF LADAKH

Ladakh being a way station in a complicated system of central Asian trade.Its main source of wealth was the north-south transit trade which passed through its territory.The vast majority of this trade was in pashmina,a wool from goats.Shawl wool came from the nomads of Western Tibet and passed through Ladakhi middlemen and then on to Kashmiri weavers,eventually becoming famous Kashimiri pashmina shawl which was renowned for its warmth and its trademark,the ability to be pulled through a wedding ring.This trade was especially lucrative to Ladakhi traders because the Treaty of Tingmosgang which concluded the war between Ladakh and Tibet in 1684 gave Ladakhi merchants a monopoly in all the shawl wool produced in Rudok district of Western Tibet.It was a treaty of peace between Ladakh and Tibet.

Gulab Singh having won the favour of Maharaja Ranjit Singh,was confirmed as Raja of the State of Jammu who rapidly proceeded to build up a small empire of his own.Realising the geostrategic importance of Ladakh region,Maharaja Gulab Singh,a vassal of Sikh empire intended on monopolising the trade in shawl-wool from Tibet to India and Ladakh constituted the centre of gravity of the trade.Driven by sheer economics and political power,he pursued his aggressive policy of territorial expansion and annexed Ladakh as part of Jammu empire in 1841.Consequently,Maharaja Gulab Singh becomes the founder of Dogra dynasty rule and a founder ruler of the new state comprising of Jammu,Kashmir and Ladakh post 1846 treaty of Amritsar. 

TREATY OF CHUSHUL

The political history and map of Jammu and Kashmir State would have been different without Military General Zorawar Singh,known as Napoleon of India.He as General of Raja Gulab Singh,launched Trans-Himalayan campaigns starting on 15 April 1834 with an army of 5000 and within 8 years conquered Ladakh, Gilgit-Baltistan and Western Tibet and was instrumental to take Indian boundaries up to Central Asian Republics.Following a series of battles,he and his Dogra army secured a decisive victory over the Ladakhis.Today,the state of Jammu and Kashmir sits like a crown over the rest of India.Perhaps,in the absence of Zorawar Singh, parts of it might still have been in Afghanistan and other parts in Tibet or China.

In May 1841,Tibet under the Qing dynasty of China invaded Ladakh with the hope of adding it to the imperial Chinese dominions,leading to the Sino-Sikh war.After the conquest of Ladakh,attempted to extend its boundaries to control the trade routes into Ladakh but Gen Zorawar Singh unexpectedly faced a composite Chinese and Tibetan force during worst climatic conditions and lost.Tibetans then advanced on Ladakh.Raja Gulab Singh sent reinforcements under the command of his nephew Jawahir Singh and a subsequent battle near Leh in 1842 led to a Tibetan defeat.

The Tibetans and the Imperial Court of China realised the futility of waging a war in this extreme end of their empire at a time when it was facing a greater threat to their regimes.By this time the Sikhs too were having problems with the British that resulted in the first Anglo-Sikh War, and the Chinese were caught in the first Opium War with the British East India Company.The treaty therefore was necessitated because neither side wanted war.The subsequent treaty known as treaty of Chushul,was contracted between Maharajah Gulab Singh and the Lama Guru of Lhasa (Dalai Lama) on 16 September 1842,with a representative of the Manchu court present at the time.The treaty called for 

1)status quo antebellum, 

2)We shall neither at present nor in the future have anything to do or interfere at all with the boundaries of Ladakh and its surroundings as fixed.

3)Should any of the opponents of Sri Sarkar Khalsa Ji and Sh Raja sahib Bahadur at anytime enter our territories, we shall not pay any heed to his words or allow him to remain in our Country.

4)We shall not even to the extent of a hair’s breadth act in contravention of the terms that we have agreed to above regarding firm friendship,unity,the fixed boundaries of Ladakh and keeping open the route for wool, shawls and tea.

 ITS RELEVANCE 

The Chushul Valley at a height of over 13,000,located near the southern bank of the Pangong lake,which provides access to Eastern Ladakh.Chushul also has an airstrip,which played an important role during the 1962 war.According to the Defence experts the terrain on the southern bank is flatter than the northern bank,which makes it amenable to limited mechanised warfare.Further,the Spanggur Gap lies to the southeast of the Pangong lake,which can be used by the Chinese to advance towards Leh in case of a military confrontation in the sector.The Chushul heights are a countervailing advantage in forcing withdrawal from Depsang and becoming  the pivot of any tradeoff in an overall disengagement and de-escalation agreement,which is return of status quo ante.The Indian Express quoted Major General (Retd) GG Dwiwedi, author of a book on the 1962 war,as saying that“ India has got a military and strategic advantage by securing the ridgeline overlooking the Spanggur Gap.“Our domination of the ridgeline in the Chushul sub-sector gives us a bargaining chip in our negotiations for the disengagement process,” he said.He further added that it has neutralised the advantage that China had gained from securing the area between Finger 4 and Finger 8 on the northern bank of the Pangong Tso.

In the wake of the violation of agreements by China in the 1950s,the flutter of a conquest or a treaty 200 years ago can create a storm in the present day.

SHEIKH GHULAM QADIR GANDERBALI-A FORGOTTEN SON OF THE SOUL


It is the name which is synonymous with authoritarian highhandedness and torture in Kashmir.The mere mention of Qadir Ganderbali is enough to send a shiver down the spine of the people especially our older generation of Kashmiris.Having earned the reputation of an infamous Police officer because of the over publicised perception of his inhumane and brutal methods gave rise to many epithets which negatively personified him,prominent being”Chaa kya Qadir Ganderbali chuk”.It is something which got stuck to his name and that still haunts him.
GANDERBALI-WHO
He was born to a well known landlord Sheikh family of Ganderbal who started his carrier as a sergeant in J&K Police in 1930’s during Maharaja Hari Singh’s rule who later rose to become the DIG of Police force and in 1958 was conferred IPS when the same was introduced in Kashmir.He also happens to be the first recipient of Police medal for gallantry in J&K State.Furthermore he had the privilege of marrying the legendary yesteryears kashmiri singer Raj Begum also known as Nightingale of Kashmir.
RISE TO PROMINANCE
Influenced by the Tribal invasion and subsequent fleeing of Maharaja Hari Singh from the scene,the state administrative machinery was completely paralysed.National Conference rose to the occasion and undertook control of defence of the city.Bakshi Ghulam Muhammad formed a Caretaker Government under the name of Defence Committee.It comprised of different organs like General Coordination,General Militia, Peace Brigade, Refugee affairs,Postal and Communication affairs, and functioned till 30 October 1947.During the period,there was a considerable sympathy for the rival Muslim Conference,which was aligned with Pakistan and opposed to Sheikh Abdullah’s stance of a constitutional pact with India.Resultantly establishment of emergency administration headed by the National Conference leader (NC) Sheikh Abdullah as an emergency Officer Came into being.The Emergency Administration was confronted with a number of challenges internal as well as external.Using emergency laws to deal with the situation,enemy agents were dealt with according to these laws that included administrative detentions,arrests and strong punitive steps to maintain law and order.
His journey tor prominence starts with the formation of a militia by the name of“Peace Brigade ” or“National Volunteers ”or“Kashmir Militia ”an armed and uniformed militia of party functionaries,referred to colloquially as Khoftun Fakir a vigilante group aided by the State and managed by topmost leaders of NC under the command of Sheikh Abdullah.It was established to contest the anti-accession forces encouraged by Muslim Conference and a vicious anti-India propaganda unleashed by Pakistan.It primarily targeted Plebiscite in Kashmir,as well as members of political and religious organisations that favoured unification with Pakistan,including members of the Muslim Conference, Mahaaz-e- Raishumari (Plebiscite Front), People’s League, Jamaat-e-Islami, and the Islamic Students League.They drew monthly government salaries of Rs 30/-per month out of which one ana would be deducted as stamp charges and received Rs 29 and fifteen paise in hand.This Militia earned the nick name as“quntreh pandah”.Eventually Trarkhal Radio(Azad Jammu &Kashmir) became a major source from Kishtewar to Kashmir to poison the people and that it were the Trarkhal programmes that set the discourse and shaped the narrative in Kashmir.It aired special Ladishah programmes which were very much popular and more powerful than the State Government’s Information and Broadcasting Department.Zarb-e-Kaleem and Garoor ki Khudai were other anti-India programmes of Radio Pakistan and Azad Kashmir Radio.
After drawing satisfaction from their performance,several members of the“Peace Brigade”including Qadir Ganderbali were regularised by inclusion in the Police’s CID (Criminal Investigation Department).Pursuant to the regularisation a special cell was created in Thana Kothbagh under Ghulam Qadir Ganderbali,who prioritised to play tough with enemy agents fomenting anti-India and pro-Pakistan violent sentiments in Kashmir.He thought that it was necessitated because Pakistan by commissioning so- called Azad Kashmir Radio was blaring out most heinous and villainous propaganda on atrociously communal lines to the people of the Valley.Consequently the Plebiscite Front demonized Ganderbali by accusing him of putting hot potatoes into the mouths of anti-India and Pro-Pakistan elements and also rolling of hot iron on their bellies for extracting confession and that gained fast currency resulting in the creation of a monsterous image of his in the public memory.But this assertion does not stand the scrutiny of time as in that case he should have been responsible for more than thousand custodial killings.
HIS ACCOMPLISHMENTS
It goes to his credit and his policing instincts that he busted a trans border gang by arresting its leader a trans border dacoit Munawar Daku(in mid 1950’s) who was carrying a cash reward of Rs 50,000/-on his head by Pakistan.He had spread a reign of terror by committing murders and dacoities on both the sides of LOC.Ganderbali arrested him from the higher reaches of Gulmarg mountains.Pertinent to mention is that he was laced with carbines while the Indian and Pakistan Armies had only point 303 rifles with them.
Gratified Pakistan through Indian Mission in Islamabad wanted to reward him for his dare devil act but he refused to accept the offer of reward from Pakistan by communicating them in writing that he had arrested a dacoit who committed crime against India and he cannot accept ‘reward from an enemy country that is stoking trouble in Kashmir.
As a chief investigator of famous Kashmir conspiracy case against Sheikh Mohd Abdullah,Mirza Mohd Afzal Beg and colleagues,Ganderbali played an important role in collecting the valuable evidence necessary for indictment.The case started from May 21, 1958 and lasted for six years.Despite Pakistan dispatching London’s best known criminal lawyer of that time Dingle Foot to plead Sheikh’s defence yet the conspiracy was confirmed and charges against all the accused established by the Lower Court who referred the case for hearing to the Sessions court.Dingle Foot also cross examined Ganderbali as the chief investigator of the case.It is said before leaving for London,Dingle Foot had conveyed Sheikh that Ganderbali had made a water tight case against him and chances of coming unscathed appear grim.
When the holy Relic of the Prophet was stolen from Hazratbal shrine in Srinagar on December 27 1963,there was a public outcry the like of which Kashmir has not witnessed even during the worst phases of militancy.An SIT was formed headed by the then DIB, B.N.Malik.Ganderbali was again made part of the SIT to investigate the theft of the holy relic.Ghulam Qadir Ganderbali,had set up a special cell inside the Shergarhi Police Station in Srinagar to probe into the theft.He not only successfully handled the law and order situation but the SIT also succeeded in recovering the holy relic which was re-installed at the Hazratbal shrine.
To conclude Ganderbali died as the most decorated and commended police officer of the country in Asia’s best hospital,the AIIMS on February 21 1970.His body was flown to Srinagar and the MHA had issued special orders that the body will not be embalmed as a token of respect to a police officer who had done his duty proudly as an Indian police officer should do.The Prime Minister, Indira Gandhi and home minister, Y. B. Chavan came to Palam airport to see the body off to Srinagar.

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