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History

The Gilgit Baltistan have always been at the crossroads of conquerors, raiders and travelers.Therefore, its history has been deeply influenced by the various incidences of history. TheGilgit­Baltistan have a very rich history which can be understood through periodizationsmade by historians. It is said that small chieftains ruled Gilgit and Baltistan, until thebeginning of the 19th century. They had to grapple with trivial issues amongst each otherTaking advantage of their weaknesses and mutual rivalries, the Dogra regime of Kashmirannexed these territories around the middle of the 19th century even though they found thecontrol of the area difficult. Baltistan was administered directly by the Kashmir Governmentas a part of District Laddakh with Headquarters at Leh. The British Indian Government gotattraction in the region following the political developments in Russian and ChineseTurkistan during the late 19th century.

The history of Gilgit Baltistan can be divided into the following periods:

Pre­History: The earliest inhabitants of the Gilgit­Baltistan can be traced back to 5thmillennium BC They were known as Rock Art People as they started the tradition of rockcarving which was continued by their successors. They were hunters and lived in rocks. Thereis a general perception that they had religion having faith in mountains.

Megalith Builders: These people came from Chitral and Swat and had the tradition ofbuilding large megaliths. They used to have a ceremonial carved stone in the middle whichwas worshiped. They used metals like copper, bronze, iron, gold and silver. They developedirrigated fields and also depended on livestock like goat, sheep and other cattle. They lived inmud houses as temporary settlement.

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Dardic People:According to some historians, the Dardics lived in the present GilgitBaltistan during the Achaemenian Empire (4th century B.C). Their economic activitiesincluded mining and trading gold. This led to the establishment of a trade route with CentralAsia and China.

Scytho Parthians: Various rock inscriptions around Chilas suggest that the Scythiansfrom Central Asia had established their rule in this area around the first century BC The ruleof Scythians resulted in the introduction of Kharoshti script and Taxila style stupas andestablishment of close trade relations with Taxila. The Scythian rule lasted only twogenerations between 1 B.C and 1 A.D. This was followed by the Gondophares branch ofParthians. The influence of the Parthians on local culture is evident from the rock carvings ofthis era which depict some new themes other than those of the earliest inhabitants.

The Kushans: The Khushans moved to Northern Areas between 1 B.C and 1 A.D who hadalready established their rule in Central Asia and China. They used gold for trade purposesand a route passed through Northern Area which was perhaps the Silk Route on which thecurrent Karakoram Highway has been constructed.

The Post Kushans: After the Khushans, the Sassanis from Persia controlled the area inthe beginning of 3rd century AD. During that period, Budhism continued to flourish and thisarea remained a famous crossing point for travel to and from India, China and Central Asia.

The Huns: These were tribes from Central Asia who were warriors. They ruled throughseveral Shina and Brushaski kings called 'Rajas'. By that time, Budhism was still on its way ofspreading.

Medieval to Modern Time

With the decline of Huns, the Rajas became independent. From 612 to 750 AD, the areaswere ruled by Patoal Shahi Dynasty who were Budhists and had close ties with Chineseempire. Between 7th Century and early 19th century, parts of the Gilgit­Baltistan were ruledby succession of various dynasties including: Tarkhans of Gilgit, the Maghlots of Nagar, theAyasho of Hunza, the Burshai of Punyal, the Maqpoons of Skardu, the Anchans of Shigar andthe Yabgos of Khaplu. In the beginning of 8th century AD the Tarkhan rulers embracedIslam. In the medieval times, Gilgit­Baltistan remained outside Mughal control althoughAkber conquered Kashmir and parts of Baltistan while Gilgit retained its independent statusuntil the Gilgit­Baltistan came under the control of Dogra rulers of Kashmir in the middle of18th century. By the end of 19th century, the British Government created the Gilgit agencyand appointed a political agent, under a lease agreement with Maharaja Harising of Kashmir.

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In 1947, the people of Gilgit Baltistan fought against the Maharaja and got independence. Before partition of the sub­Continent, the state of Jammu and Kashmir with a total area of84471 square miles, was geographically divided into following three big regions:

1. Jammu Province (12,378 sq. miles)

2. Kashmir Province (8,539 sq.)

3. Frontier Province of Ladakh and Gilgit (63,554 sq)

In 1947, a part of the state gained independence and was called Azad Jammu and Kashmir,which has an area of 5,134 square miles. While 29,814 square miles chunk of the FrontierProvince of Ladakh and Gilgit after winning freedom came under the administrative controlof Pakistan through an agreement. This is the area now called Northern Areas. The rest ofthe Frontier province i.e. 3,3740 sq. miles area of Ladakh is under Indian occupation.

Constitutional Position

Historically these areas belong to Dogra State of Jammu and Kashmir. On March 29, 1935,the British government took possession of Gilgit Agency from the state government, througha lease agreement for 60 years. The British feared of the Soviet expansionist moves, andtherefore wanted to have direct control in the region. During this period the state flagremained hoisted over residency along with the Union Jack. However by August 1, 1947, theareas were returned to the state government , because the British had decided partitioningof the Indian sub­continent.

In the state elections held in 1934, 1937 and 1941, five representatives of these areas weretaken in the Jammu & Kashmir assembly. Even in the last state assembly, which terminatedin 1947, the areas were represented.

Through a jointly formed armed struggle of the local people, the Gilgit Scouts and theMuslim officers of the Maharaja’s army, the area was liberated on November 1, 1947 and aninterim government constituted under Raja Shah Rais Khan of Gilgit. The government ofPakistan was invited through a telegram to take control of the areas. Responding to thisrequest Sardar Muhammad Alam (A tehsildar in the NWFP government at that time) wasappointed and sent to Gilgit on 16th November, as government of Pakistan’s political agent.

In April 1949 because of several administrative constraints an agreement was reached

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between the government of Pakistan and government of Azad Jammu and Kashmir (AJ & K).Accordingly the administrative control of Gilgit and Baltistan was temporarily transferred tothe former. Vide sub­clause 8 of section­3 of this Agreement, the affairs of Gilgit andBaltistan were brought under the control of Political Agent appointed by the government ofPakistan.

In the same year (1949), the United Nations stopped the war in Kashmir and established theCease­fire Line. Through the Simla Agreement (1972), the same CFL was converted andrenamed Line of Control (LoC) with some adjustments. That cease­fire (control) Line wasalso established in the Northern Areas. It was through that decision that the U.N. observerswere posted on the control line and are still there between the Occupied Ladakh andNorthern Areas.

Map of the state of Jammu and Kashmir published by the Pakistan’s Ministry of KashmirAffairs in February 1954 shows Gilgit and Baltistan both in terms of area and population, aspart of the state of Jammu and Kashmir . Also the maps published by Survey of Pakistancontinued to show the Northern Areas as part of AJ & K as late as up to 1987.

The geographic details and explanation of the areas under Pakistan, as given in theconstitutions of 1956, 1962 and 1973, do not cover Northern Areas as part of Pakistan. WhenMartial Law was imposed in 1958, it was not extended to Northern Areas, because accordingto the principle stand of Pakistan, these areas (still) did not belong to Pakistan [Their fatewas yet to be decided].

Through the Sino­Pak border Agreement of March 2, 1963, certain areas were mutuallytransferred by adjustment. The agreement contained a clause (article 6) that after theKashmir dispute was resolved, the government in power in Northern Areas and the PeoplesRepublic of China will re­negotiate the agreement. The agreement is called Sinkiang­Kashmir Border Agreement.

India lodged protest against the Sino­Pak Agreement. Through its letter dated 16th March1963, addressed to the President of the U.N. Security Council, India took the stand that theagreement was a violation of the resolutions of the Security Council and the U.N.Commission for India­Pakistan. Pakistan’s position was that Northern Areas were integratedpart of the disputed state of Jammu and Kashmir, and their fate is yet to be decided alongwith the rest of the State, through a plebiscite as provided in the U.N. resolutions. Relevanttext of the then Foreign Mister of Pakistan, Zulfiqar Ali Bhutto explaining the Pakistan’sposition is reproduced as follows:

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My Government is bound by its duty to declare the Security Council that, pendingdetermination of the future of Kashmir, through the will of the people impartiallyascertained, no position taken or adjustments made by either of the parties to the presentcontroversy between India and China or any similar controversy in the future shall be validor affect the status of the territory of Jammu and Kashmir or the imperatives ordemilitarization and self determination of the state of Jammu and Kashmir laid down in theresolution of 21 April 1948, 30 March 1951, 24 January 1957, and in resolutions of theUnited Nations Commissions for India and Pakistan, dated 13 August 1948, and 5 January1949, which have been jointly accepted by both India and Pakistan and by which bothgovernments, according to their repeated declarations, stand engaged.

“The Boundary Agreement (between Pakistan and China) does not affect the status of theterritory of Jammu and Kashmir. It does not affect the imperatives of demilitarization of thestate. It does not derogate one jot or title from the right of self­determination of the people.

When in the occupied Jammu and Kashmir, the “All Jammu and Kashmir Conference”recommended through a resolution (27 October, 1950), that the future shape andannexation of the state of Jammu and Kashmir be decided through the ConstituentAssembly, the Security Council took the decision in its Resolution of 30 March, 1951(accepted both by Pakistan and India) that such an assembly had no authority to decide thefuture of the state.

During the hearing of the Indian plane (Ganga) hijacking case started in 1971 and ended on 17May, 1973, the Attorney General of Pakistan admitted before the Supreme Court of Pakistanthat: “No given part of the state of Jammu and Kashmir can decide on its own, to join eitherPakistan or India”.

While establishing the constitutional future of the Northern Areas, the full bench of the AzadKashmir High Court (verdict on Gilgit and Baltistan (N.A.) March 18, 1993) held in a petitionfiled by Mohammad Miskeen and Haji Bashir Khan of Gilgit and Shaikh Abdul Aziz Advocateof Muzaffarabad:

Northern Areas (Gilgit and Baltistan) are part of Azad Kashmir, historically andconstitutionally;

The Azad Kashmir government should establish administrative and legal institutions in theseareas.

Under the Provisional Constitutional Act, 1974, the (A.K.) High Court has the right to hear

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all petitions concerning Azad Kashmir;

And (the Court) also has right to hear cases in all matters pertaining to Northern Areas.

The government of AJ&K appealed against the decision of the High Court in the AJ&KSupreme Court, which announced its decision on 14 September, 1994, stating: “No doubt,that Northern Areas are part of the state of Jammu and Kashmir – but not of Azad Kashmir.Therefore, the government need not take administrative control of these areas.

The Supreme Court of Pakistan ordered the government vide its decision of May 28, 1999,that Northern Areas were constitutional part of the state of Jammu and Kashmir. Thegovernment of Pakistan should ensure that basic human rights and other political andadministrative institutions are provided in the areas within six months. However, the actionshould not adversely affect Pakistan’s stand concerning the Kashmir dispute.

Sectarian Bais

According to Pakistan's constitution, Gilgit Baltistan is not a fully integral part of Pakistan,and its inhabitants have never had any representation in Pakistan's parliament. Like GilgitBaltistan, AJK, the other part of the former princely state under Pakistan’s control, isconsidered disputed territory. Yet, Islamabad has granted AJK nominal autonomy, includingits own constitution. In stark contrast, it administers Gilgit Baltistan under the so called SelfGovernance Order 2009, an administrative instrument used to strengthen its hold over theregion while denying its residents basic political and civil rights. Many locals believesectarian bias explains the widely different political arrangements in GB and AJK: while AJKand Pakistan have an overwhelming Sunni majority, the Northern Areas are the only Shia­majority region under Pakistani control.

In 1999, the Pakistan Supreme Court issued a landmark verdict, which directed Islamabad toextend fundamental freedoms to Gilgit Baltistan, allowing its people to be governed by theirelected representatives within six months. In violation of this, the region is still ruled byIslamabad through the GB Council headed by prime minister of Pakistan. The Gilgit BalistanLegislative assembly (GBLA), the region’s elected legislature, is powerless, and civil andmilitary bureaucrats run affairs. By depriving elected institutions of any authority,Islamabad has created a moral and legal vacuum, which runs the risk of marginalizingmoderate political forces.

The Indian Stand

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The Indian Constitution provides that the Northern Areas [of Pakistan] and Azad Kashmirare part of the Indian Union. That is why the Indian Occupied Kashmir Assembly has 25 seatsreserved for Azad Kashmir, Gilgit and Baltistan, on the basis of 1941­51 census.

The greater part of Northern Areas – adjacent to Ladakh and Kargil – is administered byIndia as part of its occupied Kashmir. Members for the Indian Occupied Kashmir assemblyare also elected from Ladakh and Kargil. Even ministers are taken from there and theadministrative control rests with the government of Occupied Kashmir. Seeing that Ladakhand Kargil are farther away from Srinagar as compared to the distance between AzadKashmir and Northern Areas, the situation on Pakistan’s side assumes special importance.That India which has even declared the state of Jammu and Kashmir as its integral parttreats Ladakh and Kargil as part of the state.

Post Independence Progress

No sooner did Sardar Muhammad Alam took over as Political Agent of Pakistan inNovember 1947, the Frontier Crimes Regulations (FCR) were enforced over whole ofNorthern Areas. This was the English law for the tribal areas through which a civil servantexercised all judicial and administrative powers. (It is worth noting that prior to this FCR,the Maharaja of Kashmir in his period had provided an independent judicial system for theareas, and the people could appeal before the Kashmir High Court). Furthermore, a featureof the new system was that the Political Agent was placed under the Political Resident of theNWFP.

In 1950, the federal Government brought the affairs of the Northern Areas under theadministrative control of Ministry of Kashmir Affairs and Northern Areas, which remains assuch since then. The ministry introduced the post of Political Resident instead of PoliticalAgent. In 1952, a Joint Secretary of the Ministry of Kashmir Affairs was appointed Residentfor the Northern Areas . However, no change occurred in essence with the new system,because the administrative and judicial authorities remained centralized, as in the past, inthe position of the Resident and no system was designed for political representation. Peopleof the area were not very happy with this state of affairs. Some of the significant responsesand developments are as follows:

Colonel Mirza Hasan Khan, the hero of the freedom war, established a party – the GilgitLeague – in 1957. This was the first political organization set up at the local level. After the1958 Martial Law, the organization got banned, and Mirza Hasan joined the Azad Kashmircivil service.

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During the sixties an organization was established named “Gilgit and Baltistan JamhooriMahaz” (Democratic Front). The Mahaz employed means like print media, literature anddemonstrations to present with full force the case of political and constitutional rights of thepeople. It was due to the struggle of this organization that the AJ&K assembly adopted theresolution seeking Northern Areas joining of AJ&K. This organization also got inactive after1973.

In 1973, “Gilgit and Baltistan Students Federation” was organized in Karachi by the studentsof the area studying in Karachi. Although nothing happened in substance because of thismovement, yet the organization played an important role in introducing the problems of therights of Northern Areas’ people in a Metropolitan like Karachi. After 1976, however theFederation also became inactive and ceased all activities.

The Ministry of Kashmir Affairs introduced some reforms in 1967. Inter alia, a Resident wasappointed instead of Political Resident with his headquarter in Gilgit. The tasks ofadministration, High Court and Revenue Commissioner were all pooled in the body of theResident.

Under the Resident, there used to be two Political Agents, one each for Gilgit and Baltistanagencies. Each of the Political Agents exercised the following powers simultaneously in hisjurisdiction:

District and Session Judge;

District Magistrate;

Revenue Collector;

Commissioner for FCR;

Inspector General, Police;

Chairman District Council

Controlling Officer of Cooperative Society

The above list is well indicative of the powers and authority of the Resident and PoliticalAgent.

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Elections in Northern Areas conducted for the first time in 1970. These were for the NAAdvisory Council consisting of 16 members. It was the first representative body of theNorthern Areas. While the Council had the power to sanction development schemes it wasalmost helpless in all other matters. During its early days, Commissioner N.A. (Resident)used to chair the Council. Later, a change was brought about, and the Federal Minister forKashmir Affairs became the chairman.

An incident occurred during this period brought a number of changes in the administrativeset­up in NAs. The daughter of an officer of the Gilgit Scouts (the law and order agencyunder the local administration) could not pass a school examination. Her mother visited theschool and had bitter exchanges with the Head mistress. The Head mistress complained tothe Deputy Commissioner, who suspended her service. A delegation of Tanzeem­e­Millatwent to see the Resident Commissioner to get redressed the injustice done to the Headmistress. The Commissioner insulted the delegation. To react, the organization took to thestreets with protest rallies and meetings. In response, the administration resorted to firingkilling a few demonstrators. This incident turned into a political movement demanding basicrights for the Northern Areas. Because of mishandling by the administration, the element ofviolence entered into an otherwise peaceful protest movement. The administration got holdof and imprisoned fifteen top leaders of the “Tanzeem”. But people broke the jail and settheir leaders free.

During 1972 the then government of Mr. Z. A. Bhutto announced a general amnesty withreference to the above incident. In a package reform it replaced FCR. and instituted a newdistrict Diamir with immediate effect. The President of Pakistan, through his proclamationof August 1972, brought about fundamental structural reforms:

The system of Feudal Lords, Rajas, Mir of Nagar and Agency was abolished;

Gilgit and Baltistan agencies were given the status of districts;

“Resident” and “Political Agent” were re­named Commissioner and Deputy Commissioner,respectively.

With general amnesty and the process of administrative reforms, “Tanzeem­e­Millat” gotmerged in the Pakistan People’s Party.

In September 1974, Prime Minister Bhutto visited Northern Areas. On the occasion, hedeclared Ganchi and Ghazar as two new districts and abolished the state of Hunza.

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When on July 5, 1977 General Zia ul Haq imposed Martial Law in Pakistan, the NorthernAreas were also declared “Martial Law Zone­E” (A to D being the four Provinces). From theadministrative viewpoint, this was the first important decision that gave rise to confusionabout the constitutional position of the Northern Areas. To this, the contradictorystatements made by President Zia about the areas’ future and constitutional position addedfurther confusion. In April 1982, the newspapers reported the President stating: that Gilgit,Skardu and Hunza were not “disputed” areas, but part of Pakistan34. Speaking tocorrespondents in Quetta on May 9, 1982, he said: “Kashmir has been a disputed issue, butso far as the Northern Areas are concerned, we do not accept them disputed. The Presidentalso nominated three individuals of the area, for the Majlis­e­Shura, as observers.Inaugurating the second session of the Shura, President Zia expressed his happiness thatrepresentatives from Northern Areas were there. He said “I am not talking of Kashmir; I amtalking about the Northern Areas, which make part of Pakistan.”

With the said remarks of the President, the media naturally took up the issue. Variousquarters objected the new stand. It was the period when four of the major political parties(Jammu and Kashmir Muslim Conference, Azad Kashmir People’s Party, Jammu andKashmir Mahaz­e­Raiy Shumari, and Azad Muslim Conference) had joined in a movementfor the restoration of democracy. Leaders of all the four parties sent a jointly signed letter toPresident Zia on May 4, 1982. The letter explained in sufficient detail the position of theareas: that they belonged to the state, and like the rest of the state constituents, their futureposition was yet to be decided. That the U.N. Documents provided ample proof and that ithas been the principle stand of all past governments in Pakistan. The President’s statementswere depriving around 6 to 7 hundred thousands inhabitants of the area of their right to votein the plebiscite, which will be a great loss to Kashmir and to Pakistan.

Although the President did not reply the letter, but sometimes afterwards conceded in aninterview with M.J. Akbar (Editor Weekly Sunday, India), that Gilgit and Baltistan were notpart of Pakistan and were as much disputed as the rest of the Kashmir. With this the pressdiscussion ended for the time being. However, while meeting a delegation of the NorthernAreas on 15 April, 1985, President Zia­ul Haq again indicated, that: Northern Areas will begiven representation before the next meeting of the National Assembly, and that electionsfor the National Assembly seats will be held in the three Northern Areas districts includingSkardu and Gilgit. Also, that the Justice Ministry has been directed and it was considering toremove obstacles in the way of Northern Area’s representation in the National Assembly.After the case review, Northern Areas will be given representation in the National Assemblyand the Senate through a notification. However, there was neither any notification made,nor the pronounced representation could be given in the Assembly and the Senate.

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A high power Committee was constituted in 1984­85 to settle the future of the NorthernAreas. Members of the Committee included the Secretaries of Divisions/ Ministries ofEstablishment, Finance, Planning, Law, Interior, Education, and Kashmir Affairs andNorthern Areas. The Committee soon submitted its report. But it was neither implemented,nor made public.

In the 1988­90 PPP government appointed Mr. Qurban Ali (chairman PPP, Northern Areas)as Advisor to the Prime Minister for Northern Areas.

Later again, during the second PPP regime Federal Cabinet approved a “reform package” forthe Northern Areas, on April 25, 1994. The package included following actions:

The membership of the Northern Areas Council was enhanced from 18 to 26. It was decidedthat members will be elected on the basis of adult franchise ;

To administer Northern Areas, the Federal Minister of Kashmir Affairs, will be the ChiefExecutive of the Council; To assist C.E; the Council will elect a Deputy Chief Executive;

Three to five members of the Council will be taken as Advisors to C.E. They will enjoy thestatus of provincial ministers. Their appointment will, however, depend on the C.E’sdiscretion ;

The post of Judicial Commissioner will be abolished, and a 3­member Chief Court will beconstituted under the chairmanship of a retired Judge. Any senior judicial officer belongingto federation or the provincial High Court will be deputed as member of the Chief Court,whereas a District Session Judge from the Northern Areas will also be its member. TheCourt was however, not authorized to hear writ petitions.

Through the “package”, Northern Areas were turned into de facto province. For the firsttime, the federal government appointed in the area, a Chief Secretary and four Secretaries.

Under the package, party­based elections were held for the first time in 1994. A member ofPakistan People’s Party got elected as Deputy Chief Executive. PPP and Tahrik­i­Jafaria alsosent two Advisors each, while Muslim League (Junejo group) got one seat of Advisor. TheseAdvisors were assigned public departments. Rules of Business were also framed so thatofficial matters could be regulated. Inspite of all this, all the five Advisors including theDeputy CE, generally complained that they had no powers. Authority instead was stillexercised by the bureaucracy.

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Interesting to note about the “package” was the fact that a non­representative person (C.E.)was made head of the popularly elected Deputy Chief Executive. That adversely affected thecredibility of the elected body, and gave the impression that it was only a showpiece.

Financial and administrative powers remained centred in the federal Finance andEstablishment Divisions, which the Chief Executive exercised as his exclusive prerogative.Thus the lack of power of the Deputy Chief Executive and the Advisors became evident.

Decision of the Supreme Court of Pakistan (1999)

As explained earlier the constitutional position of the Northern Areas is clear thathistorically they are part of the state of Jammu and Kashmir. In spite of that there ispersistent confusion in the administrative and judicial structure. That has given rise tovarious problems and the people of the area, as well as in Pakistan, feel un­easy about it.Attempts made through political struggle and dialogue have yielded nothing. That was theback­ground of the petition brought before the Supreme Court of Pakistan by Habib Wahabal­Khairi (founder of Al­Jihad Trust, Rawalpindi), making Secretary, Ministry of KashmirAffairs and N.A. defendant to the lawsuit. It was pleaded that the Court restores the basichuman rights of the people of the area. In its 42­pages judgment of 28 May, 1999, theSupreme Court directed the Government of Pakistan that:

“...since the geographical location of the Northern Areas is very sensitive because it isbordering India, China, Tibet and USSR, and as the above areas in the past have also beentreated differently, this Court cannot decide what type of Government should be provided toensure the compliance with the above mandate of the Constitution. Nor we can direct thatthe people of Northern Areas should be given representation in the Parliament as, at thisstage it may not be in the larger interest of the country because of the fact that a plebisciteunder the auspices of the United Nations is to be held. The above questions are to bedecided by the Parliament and the Executive. This Court at the most can direct that theproper administrative and legislative steps should be taken to ensure that the people ofNorthern Areas enjoy their above rights under the Constitution.”

“...As regards the right to access to justice through an independent judiciary, it may beobserved that the Northern Areas has a Chief Court, which can be equated with a High Courtprovided it is manned by the persons or the statute who are fit to be elevated as Judges toany High Court in Pakistan. Its jurisdiction is to be enlarged as to include jurisdiction toentertain Constitutional Petitions inter alia to enforce the Fundamental Rights enshrined inthe Constitution...”

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“...To initiate appropriate administrative/legislative measures within a period of six monthsfrom today to make necessary amendments in the Constitution/relevantstatute/statues/order/orders/rules/notification/notifications, to ensure that thepeople of Northern Areas enjoy their above fundamental rights, namely, to be governedthrough their chosen representatives and to have access to justice through an independentjudiciary inter alia for enforcement of their Fundamental Rights guaranteed under theConstitution.

The Government’s Initiatives

In the light of the Supreme Court’s decision, the government prepared a package for theNorthern Areas. General (R) Abdul Majeed Malik, the then Minister for Kashmir Affairs andNorthern Areas made a detailed visit of the area and met important personalities. OnOctober 2, 1999, he announced that government was soon bringing a constitutional reformspackage, through which the Northern Areas Council will be turned into Northern AreasLegislative Council.

In order to implement the package through the elected representatives the federalgovernment also announced the holding of elections for the Council and local bodies. Thegovernment’s proposed actions were still being discussed, when the Army took over onOctober 12, 1999. The new government however stood by the decision of elections asscheduled. Elections were held under the supervision of the military. Amendment in the“Legal Frame Work Order 1994” was however, made after about 9 months (7 July, 2000).Main features of the amendment are:

Northern Area Council was renamed “Northern Area Legislative Council”, and wasauthorized legislation in 40 items;

Council’s membership was raised to 29. Five seats were reserved for women – one electedindirectly, from each district;

“Chief Executive” will not be from amongst the Council members;

Speaker, elected by the majority of the Council members, will preside over council’smeetings;

Council members will no more be empowered to approve development schemes;

Deputy Chief Executive will be authorized to transfer officers of grade 18, but not the Deputy

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Commissioner or the Superintendent of Police. For that he will have to get prior approval ofthe Chief Secretary. The Chief Secretary will be authorized to transfer officers upto grade 17.

It was expected that the “package” would lead to the setting up of local government, andpowers will be devolved accordingly. However it became clear that the bureaucracy ispowerful as usual in the new self­contradicting package. It is obvious that unless the DeputyChief Executive is not enabled to exercise full financial and administrative powers, he willnot be able to show any meaningful performance in public service. The package did providefor apparent protocol for the high authorities, but the real transfer of power and decision­making still does not rest with the elected representatives. That is the highly negative aspectof the package.

Possible Scenarios

What then should be done? Various suggestions made so far by different schools andquarters for the future status of NA are presented here summarily, as follows:

Northern Areas be merged with Azad Kashmir to make “One unit”, and people of the area begiven due representations in the Azad Kashmir Assembly and Kashmir Council; The proposalalso seeks to expand the AJ&K High court and Supreme court Jurisdiction to NA. Moreoverit also suggests to amend AJ&K constitution (1974) making it mandatory to have either PMor President from the NA and necessary legislation to allow rather encourage AJ&K politicalparties to work in NA.

The N. Areas be made fifth province of Pakistan;

Northern Areas be made self­governing separate unit, like Azad Kashmir;

The Areas be directly administered by the federal government, as done in case of FATA.

Before any meaningful discussion on the above suggestions, we need to know what variouspolitical parties, religious groups, both from AK and NAs. the Azad Kashmir government andthe federal Ministry of Kashmir had to say about the future of the area. This would help inestablishing correct perspective.

Religious and Political Parties and their Position

As said earlier, facing political vacuum, masses in the Northern Areas could not get generallyorganized on political lines. This however, made easier their division and organization on

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sectarian basis. Over the past 55 years, the Sunni­Shia division has become firmlyestablished. Parties speaking for a sect have assumed high importance. Therefore, theposition of these sects and groups has become equally important about the future status ofthe area. We have briefly reviewed the viewpoint of major groups in the following:

Sectarian Groups

Shia School of Thought: This school has two sub­groups: Anjuman Ahle­Tashia wasestablished before the Partition (1947) and is registered under Societies Act. Its majoractivity is establishment and running of madaris and masajid. Since 1980 it also startedworking for securing Shia political rights. It is quite effective in its community.

Tahrik­e­Ja’fria Pakistan: Tahrik is a sister organization of the said Anjuman Ahle­Tashia; itmay rather be called Anjuman’s political front. In the 1994 setup, two Advisors were takenfrom Tahrik. The Deputy Chief Executive elected on July 28, 2000, Fida MohammadNashad also belong to the Tahrik­e­Ja’fria.

Both the Shia organizations demand to make Northern Areas, the fifth province of Pakistan.They claim that historically the areas never belonged to Kashmir, nor they have anythingcommon in culture. They also argue that it was the people of the Northern Areas whothemselves overthrew Dogra Raj and got the areas annexed with Pakistan. Pakistan acceptedthe annexation, but conditions at that time warranted not to announce it; mainly because theForeign Office considered that as and when plebiscite is held people of the area will cast theirvote in favour of Pakistan.

The two organizations have also expressed apprehension many a time that if made part ofKashmir, Northern Areas will remain backward and disadvantaged, because being lessdeveloped they would never be in a position to compete with more developed Kashmiris.

Sunni School of Thought: Tanzeem­e­Ahle­Sunnah wal Jamaat: Established as a socialwelfare organization in 1980 represents the Sunni sect. Its original purpose was theestablishment and administration of Masajid and Madaris. However, when sectarian clashesstarted in 1980, Tanzeem became the political and religious party of the Sunnis, and waspractically accepted in that position as representative of Sunnis.

The organization supports the option that together with Azad Kashmir, the Northern Areasshould form one unit. Tanzeem views that by bringing the two areas together, Sunnis willcommand majority, and otherwise they will remain minority in the Northern Areas.

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Ahle­Sunnah also express the fear, that the freedom movement in the occupied Kashmir ispassing through a critical phase. Separate identity or administrative structure for theNorthern Areas will adversely affect the movement therefore, any such decision i.e. makingNAs a separate unit, should be avoided.

Tanzeem­e­Ahle­Sunnah considers that if Northern Areas are merged with Azad Kashmir,the people of the area will have the opportunity of direct participation in the Kashmirstruggle, which is their religious obligation. Once freedom won, Azad Kashmir and NorthernAreas will ultimately become part of Pakistan. In this background, when the Azad KashmirHigh Court gave its verdict that Azad Kashmir government should take over “administrative”control of the Northern Areas, the decision was widely welcomed by the Ahle­Sunnah.

A section of Ahl­e­Sunnah also argues that Northern Areas have very small population(about a million) and therefore making the area a province is not practical.

Political Parties’ stand

Jama’at­e­Islami: Jama’at does not appeal on the sectarian basis. Nevertheless, being anIslamic Movement, a good number of religious­minded people are attached to it. Establishedinitially in AJ & K the Jama’at is the only party active under one organization both in AzadKashmir and Northern Areas.

Jama’at­e­Islami also favours one unit of AK and NA. Jama’at believes that Kashmir willsoon be free and if therefore, the two areas are merged in one unit it will strengthen thefreedom movement, will make things more difficult for India and thus will bring the freedomtarget closer. As regards to the grassroots problems Jama’at is of the view that simpleconstitutional and administrative reforms will not suffice to solve the problems of the area.There is infact, need to bring change at the leadership level in the country at large, and to seta government and a society based on justice (adl).

Pakistan Peoples Party: Pakistan Peoples Party is a considerable force in the Northern Areaspolitics. It has generally enjoyed good representation in the Northern Area Council. Itsprinciple stand is that government can restore rights of the people without damaging thecause of Kashmir. And, that government should act according to the spirit of the SupremeCourt decision.

Pakistan Muslim League: Pakistan Muslim League has also been prominent in the electoralpolitics of Northern Areas. The party says;

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Northern Areas be given a government on the pattern of Azad Kashmir; and

“Chief Executive” should be a local person and elected by the representative members of theCouncil.

Regional and Nationalist Groups

Nationalist parties have negligible role in the Northern Areas politics. They have neitherbeen successful in playing any significant role in solving the public problems, nor hadrepresentation of any size in the N.A. Legislative (or Advisory) Council. However, the Indianmedia is quite active in projecting and publicizing their views. This special background makesit necessary to understand what is their position and stance on the issue.

Pakistan People's Party: The party is headed by Syed Mehdi Shah, Chief Minister GilgitBaltistan.

Muslim League (N): PML(N) in Gilgit Baltistan is headed by Hafiz Hafiz ­ur­Rehman, whotook over the position after assassination of his brother. He contested the last GBLAelections but lost his seat.

Muslim League ( Q): Mirza Hussain heads the party in Gilgit Baltistan.

Mutahidda Qaumi Party: The party is headed by Major (R) Hussain ShahBalawaristan National Front: The Front demand elections in Gilgit Baltistan under thesupervision of United Nations. Claiming that both India and Pakistan do not want to letloose their respective hold over Kashmir and GB, the BNF suggests a “practical” solution, asthey call it, for the world community. Accordingly, Azad Kashmir, Gilgit Baltistan, Srinagar,Jammu, and Ladakh are to be declared five separate and independent states and thenbrought into a “federation”. Plebiscite then be carried under the auspices of the UnitedNations in all these states to ascertain whether they would; (i) maintain the federation; (ii)join Pakistan; or (iii) join India. The majority vote of each state is to decide its fate.

BNF is divided in two factions BNF (Hamid) and BNF (Naji). Nawaz Khan Naji heads themoderate fation of BN while Abdul Hamid Khan heads the radical one.

Jammu and Kashmir Liberation Front: The organization is one of those who exist inall parts of Jammu and Kashmir. Its president in the Northern Areas, Zia­ul Haq says:“Jammu and Kashmir is an indivisible entity. The U.N. Security Councils’ permanentmembers U.S., U.K, China, France and Russia should form a Kashmir Committee that

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should work under the supervision of UN Secretary General. The Committee should declareKashmir free and independent for 15 years. Plebiscite be held after that period, and anymajority decision of the people will be acceptable to us.

Other Important Organizations

Northern Areas Bar Council: The NAs Bar Council although not a political party but hasan important role in the struggle for basic rights of the people and their constitutionalposition in NAs. A very important development took place when at the Bar level, lawyersbelonging to different parties adopted a joint stand on the issue. Bar’s stand as stated by itsPresident Sher Wali Advocate is as follows:

People of the Northern Areas are unanimous that their basic human rights be restored. Theresolution of the Northern Areas High Court Bar Association is fully supported by all thepeople of Northern Areas. The first priority is that Northern Areas be declared fifthprovince of the country. Second option may be establishment of a government like AJ & K. Ifthe two proposals are considered impractical, then Azad Kashmir and Gilgit and Baltistan aredeclared one unit.

No one can deny our commitment, loyalty and sacrifices for Kashmir. It is not possible tooverlook the participation of the people of Northern Areas in the plebiscite. Yet, until theplebiscite is held, the Northern Areas should necessarily have an ad­hoc political anddemocratic structure.

All Parties Mutahidda Council: The Mutahidda Council of 12 political and religiousparties says:

Northern Areas be given a provisional constitution like the Azad Kashmir, in the light of thedecision of the Supreme Court of Pakistan till the final solution of the Kashmir dispute.Under that constitution, legislative assembly, executive and judiciary be established...Moreover Northern Areas be given representation in the Kashmir Council on party basis. Orelse, Azad Kashmir and Northern Areas should have common Senate and there should beone President for both the areas.

As a matter of fact the Azad Kashmir people and their leadership have deep attachment withthe Gilgit Baltistan. They oppose declaring the area a province, because that paves the way todivision of Kashmir. The question is however pertinent that why did then Azad Kashmirgovernment entered into agreement with government of Pakistan for the latter to takeadministrative control of the area? The prominent Kashmiri journalist (late) Mir Abdul Aziz

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makes the following explanation:

Leadership in Azad Kashmir felt that plebiscite was a matter of few months, so there was noharm handing over Gilgit Baltistan.

It was in this context that the Azad Kashmir Assembly passed the resolution that says:

In the opinion of this House, it was an historical reality that Gilgit and Baltistan form part ofthe state of Jammu and Kashmir. And at the end of 100 years Dogra subjugation andestablishment of Azad Jammu and Kashmir government, the area was only temporarilyhanded over to Pakistan to run the administrative affairs, ... and that according to theSecurity Council resolutions, the future of Jammu and Kashmir, including Gilgit andBaltistan, was yet to be decided through a free and fair plebiscite... This House demandsfrom the government of Pakistan, that Gilgit and Baltistan be given representation in theAzad Jammu and Kashmir Legislative Assembly. To provide political and social justice to thepeople of the area, the Azad Kashmir High Court’s jurisdiction be extended to NorthernAreas so that the people of the area avail the benefit of freedom and enabled to shoulderfuture responsibilities.

The Dilemma

As noted earlier, Pakistan’s official policy seems subject to confusion and uncertainty,particularly after 1980. The main reason being the strategic importance of the NorthernAreas and hence a section of the government of Pakistan has always wished that the areas bemerged with Pakistan. In particular about Gilgit Agency the Interior and Foreign Ministrieshave since November 1947, been thinking on these lines. The Interior Ministry argues thatthe Agency has not been under administrative control of Maharaja Kashmir. The British heldand administered these areas like other political agencies of the tribal areas. Hence, with theBritish gone, Gilgit Agency gets automatically transferred to Pakistan. And, as the people ofthe area have themselves opted to join Pakistan, the legal requirement has also been met.

Another historic fact is that Khan Abdul Qayyum Khan, the first Chief Minister of NWFPwho being a Kashmiri, was himself active in the Kashmir struggle, had proposed in 1947 thatGilgit Agency be transferred to Governor NWFP, like any tribal area thus overtime, theAgency would have become part of North West Frontier Province.

The Foreign Office did not agree to the proposal at that time. It felt that be it for only namesake, but Maharaja Kashmir exercised authority over Gilgit, it should not therefore beconsidered independent of the state of Jammu and Kashmir. Also, the possibility of

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plebiscite under the auspices of United Nations was still there. Then why should the GilgitAgency’s “vote bank” be lost?

The above dilemma still persists, and can be seen in the initiatives of various governmentorgans in their respective spheres. Gilgit Agency is sometimes shown on the survey maps, aspart of Pakistan while on some other occasions it is clubbed with the disputed state ofJammu and Kashmir.

The Ministry of Kashmir Affairs blocked political parties of Azad Kashmir to go into Gilgitand Baltistan. Late K.H. Khurshid was not allowed entry into Gilgit. One of the statements bypresident and the founder of the government of Azad Jammu and Kashmir SardarMohammad Ibrahim in this regard is worth noting. He says:

“As and when we tried to go there, we were blocked. Such actions by the Ministry of KashmirAffairs were considered to mean that people of the two areas (Kashmir and N.A.) should notbe let to forge close relations.”

As said, the government of Pakistan was very sensitive because of the strategic importance ofthe area. Some top­level policy­makers have been privately expressing that there was thepossibility of Kashmir getting independent or some such other arrangement that would alsoinclude Northern Areas. In such a situation, Pakistan will be deprived of these areas ofstrategic importance as well. On the other hand, there is the will to liberate whole Kashmir,for which a movement is already there. Therefore, the government of Pakistan seems tohave no clear­cut stand and is facing a situation of what to do. As a result the people of theNorthern Areas suffer a lot.”

Ministry of Kashmir Affairs’ Position

The Ministry/Division of Kashmir Affairs has been enjoying exclusive powers to governthese areas since 1950. Most of the people representing the political leadership of theNorthern Areas, are of the view that such extraordinary powers are unique in the countryand therefore they blame that constitutional ambiguity about the areas, is being deliberatelymaintained. They claim that it is this ambiguity that creates a vacuum of political system andgives the bureaucrats an opportunity to directly rule the area. They also view that thegeneral resentment found among the people of Northern Areas is in fact, due to lack ofvision of the ministry’s officials resulting in ill­conceived policies and mishandling of variousissues by them. As a result the issue of people’s rights remains unsettled.

Another important factor is the, large­scale smuggling being done through the adjacent

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China border. The local people allege that a number of bureaucrats have their share in the‘benefits’ arising out of such activities and therefore would never like to leave the presentpowers they are enjoying67.

Summary and Recommendations

Historically Northern Areas belong to the state of Jammu and Kashmir, yet a considerablesection of the population of the area prefers to have separate administrative system, ratherthan joining Azad Kashmir. Three factors can be noted:

1. Despite being historically part of the same state there has been lack of direct contactbetween the people of AJ&K and the Northern Areas. As a result, the two have distinctlydifferent cultures and speak different languages;

2. Over the past 55 years, whether it is politics, economics or education or any other sphereof life, the people of the area have been closely linked with Pakistan. Local people fear thatwithin AJ&K, the Northern Areas will not be enjoying any notable political position. Thecenter of power and authority will be either Srinagar or Muzaffarabad and not the NA;

3. The local Shia and Ismaili groups oppose integration with AJ&K, because that willconsiderably decrease their share in the overall population and they will becomeinsignificant. With the massive social and welfare activities being done by Aga KhanFoundation in the Northern Areas these groups see an increased and enhanced role forthemselves in future. That has given the Foundation increasing access and influence.

Despite the above­said factors, the reality however is that any move to merge NorthernAreas in Pakistan will mean de­facto division of the state of Kashmir. Pakistan will lose allgrounds in its principle stance over the dispute of Kashmir and will not be in a position totake the issue to UN or at any other international forum. Any attempt to disregard the unityof the state of Jammu and Kashmir would damage the struggle in Kashmir and would greatlyaffect the outcome whenever a plebiscite is held. This is also the reason why the persistentdemand by Buddhists from the occupied Ladakh to let them join the Indian Union has neverbeen accepted by the Indian government. Similarly, the demands in the three Hindu majoritydistricts of Jammu (Jammu, Oudhampur, Katho’a) for independent status within the IndianUnion have also been refused by India.

Any action by Pakistan towards annexing NA. will give India a justification to merge theseareas within its Union and Pakistan having itself so conducted, will not be in a position toeven protest against India on doing so. As and when plebiscite is held in Kashmir, Northern

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Areas being part of Kashmir or even if the present status quo is maintained would in allprobability mean an additional one million votes for Pakistan. Once merged into Pakistanpeople of these areas would become irrelevant and will have no vote at all.

There is thus need to look for a way out ensuring the NA people their constitutional rightsother than annexing the NA with Pakistan or making them part of AJ&K. The way out shouldalso in no way affect Pakistan’s historic and principle stand on Kashmir nor give India anychance to divide Kashmir.

The history and politics of the area, Pakistan’s stance concerning the Kashmir dispute, andfinally the decision of the Supreme Court, bring forth the following points:

1. Northern Areas be accorded special status. They should remain part of Jammu andKashmir, yet for local administration, there should be elected legislative Council, andindependent judiciary;

2. People of the Northern Areas be given all those fundamental human rights, that areenjoyed by citizens in any other part of the country or in AJ&K.

Administrative Reforms

Specific reforms are proposed as under:

1. The “Chief Executive” should be popularly elected and should be a local;

2. The authority of the Deputy Chief Executive should be properly established. He should bedirectly accountable to the Prime Minister in the federation, and the local level to the NALegislative Council;

3. If the federal government seeks to maintain a non­local and non­representative ChiefExecutive, then his powers should be symbolic like the provincial governors, and alladministrative authority should rest with the Deputy Chief Executive;

4. All matters pertaining to NA should be transferred to the Secretariat in Gilgit. Exceptionwith regard to strategic affairs is possible and these can be dealt in the federal secretariat;

5. Financial and administrative powers should be handed over to the Northern Area Council;

6. Past “packages” could not be properly implemented due to the self­centred difference

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within the bureaucracy in Islamabad and Gilgit. The losers have been the people of the area.There is need to create harmony within these ranks, and that no one is allowed to join theadministration team who favours centralization rather than devolution of authority;

7. Local officers should be promoted to take charge of the departments. It will improveefficiency and bridge the gap between people and the administration. To this end, thepractice of deputation be discouraged.

European Parliamentarians to form "Friends of Gilgit­Baltistan"

BRUSSELS: A group of Members of the European Parliament, including JürgenCreutzmann, have decided to form a group called "Friends of Gilgit­Baltistan."

There is great concern from these members that the future of Gilgit­Baltistan is beingdetermined not by the people of Gilgit­Baltistan but by the Government of Pakistan underthe Constitution of Pakistan, even though Gilgit­Baltistan is not mentioned in Pakistan'sConstitution as part of its territory.

It is believed that the future of Gilgit­Baltistan should be determined by their people. It isthis group’s belief that the people of Gilgit­Baltistan should be allowed to fashion theirfuture in a manner that their region does not become a territory for the spread offundamentalist and extremist tendencies.

It is with a view to help the people of Gilgit­Baltistan fashion a bright future for themselvesthat this group formed by Members of the European Parliament, shall monitor verycarefully all developments that take place in Gilgit­Baltistan. It is believed that the ethos ofthe people of Gilgit­Baltistan has far more in common with the ethos of Jammu & Kashmirthan Pakistan. PRNewswire.

Gilgit, Baltistan & Ladakh

By Hassan Khan

In the ancient period of human civilization the northern most part of Jammu and Kashmirwas spread over Kalash Mansarowar from Ladakh side to Swaat in Dardistan side. Nothingin detail is available in recorded history except references in the history of Kashmir, China,Mongolia, Kazakistan and Arabs. Much of its past is known only through the mythology of itspeople as the written history is of very recent in origin. It is believed that in the early 7thcentury of civilization a fierce war took place some where in present Baltistan side between

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the forces of China and Tibet lasting for several years. As a result of this prolonged war theregion got divided into sub regions with separate rulers for each region. Historians have alsonamed this pre disintegrated period as Greater Ladakh but the exact composition andexistence of such a kingdom is found no where in history. During the days of wilderness anddisintegration, people from the neighbouring countries of Tibet, Dardistan, Mongolia etc.migrated in tribes or groups and settled down in the uninhabited places of Changthang,Zanskar, Shaam, Baltistan, Purik, Dras etc. Today's population in these regions mainlyconsist of mixed origins of Mangols and Dard races with no ethnic divisions havingsimilarities in language, culture, dress and food habits.

The great religions of the world, Buddhism, Islam and Christianity reached Ladakh throughmissionaries, carried out in most peaceful manner. Buddhism reached Tibet from Kashmirwhere it became the religion of the rulers and masses and influenced the rulers and massesin Ladakh. In those days Kashmir was the centre of activities for Buddhist studies andmissionaries. Renowned Buddhist scholars and preachers of great fame like RinchinZangpoh (a Kashmiri pandit by origin) also came to Ladakh on preaching mission. SimilarlyIslam also reached Ladakh from Central Asia, where the rulers and masses had embraced thenew religion around 9th century of the medieval period. Kashmir had become the centre ofIslamic preaching through missionaries of renowned scholars and saints like Mir Syed AliHamdani and others. Mir Syed Ali Hamdani also came to Ladakh, on way to Central Asia, onpreaching missions. Success and spread of Buddhism and Islam in these areas wasguaranteed by the early conversion of rulers and sub rulers in Tibet, Central Asia, Gilgit,Baltistan, Kargil and Leh before learned scholars and humble preachers. In Kashmir also theearly success of Islam is attributed to the conversion of Rinchen Shah (a Ladakhi Prince inexile) who became the ruler of Kashmir and converted to Islam before the early Islamic saintand scholar Bulbul Shah at the banks of river Jehlum known as Bulbul Lanker or BadumaMasjid. Rinchin Shah is considered the first Muslim ruler of Kashmir. This event is alsomentioned in the folk songs of Ladakh. Before the arrival of formal religions the inhabitantsin these areas were worshippers of nature based on ecological and environmentalconservation. Conversion from one religion to another through peaceful means and humblepreaching maintained communal harmony among all communities for centuries till it wasused by individuals and institutions for political and personal interest in recent times.

In the early 19 century the northern part of Jammu an Kashmir was annexed with the state ofJammu and Kashmir by the Dogra rulers from 1833 to 1846 through military campaigns. Atthat time this region was ruled by independent kings and chieftains with no regular army.During the time of war all the able bodied males were formed into a fighting force with theirown weapons, rations and logistics. On the other hand, the Dogras were well equipped withlatest weapons and organized logistic support under the command of professional generals

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like Zorawar Singh. The ill equipped and disorganized local forces fell to the mighty Dograsone by one and at the end of 1846 the entire northern part from Leh to Gilgit was subdued tobecome a part of J&K state. After conquering the whole areas, the Dogra rulers establishedadministrative units like District (Wazarat) and Tehsils. The region was divided into twoDistricts and six Tehsils. Tehsil Gilgit, Honza and Nagar together was made into one District,named as Wazarat Gilgit, Tehsil Leh, Kargil and Skardu (Baltistan) together was formed intoanother District named as Wazarat Ladakh. Each District was headed by a Wazir Wazaratwith absolute power over the executive, revenue and judiciary as well as the army deployedin his jurisdiction. The Dogras also named this region as Tibet Khurad (Little Tibet) whichgradually became the most important centre of trade and transit route to central Asiancountries as well to western Tibet with strategically importance. It became the source of thelacerative Shawl business also. The Dogra rulers during their long rule of more than onehundred years not only succeeded in building a strong and stable state after consolidatingvarious communities, tribes and regions through military campaigns, administrative skilland political will but also consolidated the most difficult vast region in the northern areasfrom Kailash Mansarovar to Dardistan in the great Hamalayan and Karakuram ranges.Partition of India in 1947 brought many changes in J&K State also. An armed conflict tookplace between India and Pakistan over Kashmir soon after the partition. This conflict wasfollowed by an agreement of cease fire through a U.N resolution in 1949. Around one thirdof the state went under the occupation of Pakistan, which was named as Azad Kashmir butGilgit and Baltistan was not included in Azad Kashmir, rather made into another territorynamed as Northern Areas. The area came under the direct control of Federal Government ofPakistan with no rights of representation either in PoK Assembly or in the NationalAssembly of Pakistan (Parliament). Government of India, people of the areas and people ofPoK including the leaders from Indian side of Jammu and Kashmir protested against thismove. During the last 58 years this region also witnessed several bloody conflicts betweenIndia and Pakistan in 1948, 1965, 197l and lastly in 1999 when the conflicts known as KargilWar attracted world attention because of the severity and sensitivity in the background ofboth countries possessing Nuclear capability. The highest and costliest battle field in theworld is also located in this region on the glacier of Baltoru and Saltoru known as Siachen.Huge number of human lives are lost every year on both sides of these glaciers due to hostileweather conditions. There was also an armed conflict with China in 1962 with the result anarea of 37555 Sq. kilometres in Aksiachin area of Ladakh was forcibly occupied by China. Onthe other hand Pakistan ceded an area of 5180 Sq. kilometres to China in the Shamshaal areaof Gilgit, thus the territorial jurisdiction of the state of Jammu and Kashmir was reduced by43735 sq. kilometres from the northern sides out of its original size of 2,22,230 sq.kilometres held by the Maharaja at the time of partition.

On the Indian side of the LoC, Leh and Kargil of the northern part continued as part of J&K

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state, called as Ladakh Region with the rights of representation in the J&K Assembly andIndian Parliament beside two elected Autonomous Hill Development Councils at Leh andKargil. A strong feeling is growing on both sides of the LoC that the traditional Kargil Skarduroute should also be opened to connect this region after a gape of 58 years. Government ofIndia and several political leaders of India and Jammu and Kashmir state demand that Gilgitand Baltistan, should also be included in the process of dialogue for a peaceful solution ofthe Kashmir issue as it was a part of the erstwhile princely state of Jammu and Kashmir.

(The author is former member of Parliament from Ladakh).

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