MEMORANDUM SUBMITTED BY THE KASHMIRIS AND THE SIKHS

MEMORANDUM SUBMITTED BY THE KASHMIRIS AND THE SIKHS

The Consulate General of India

365 Bloor Street (East), 7th Floor

Toronto, ON

M4W 3L4

COMMEMORATION OF OCTOBER 27 AS “BLACKDAY BY THE INTERNATIONALLY DISPUTED AREAS OF JAMMU AND KASHMIR (IDA: JK) & THE SIKH NATION, PUNJAB KHALISTAN”

This is with regard to the October 27, 1947, the Black day when the Indian forces, against the wishes of the citizens of the IDA:  JK, forcefully captured and occupied the territory of Jammu and Kashmir. Consequently, on behalf of Friend of Kashmir, we would like to draw attention of the international community to the grave humanitarian crisis in the IDA: JK (occupied by the Indian administration, along with the occupation of The Sikh Nation, Punjab, 'robbed' by the 'Brahmins-Hindus' Congress Party in the late morning hours of 15th August, 1947. Since the illegal occupation, October 27, 1947 it is considered as the Black day by the citizens of the IDAJK:  the oldest, unresolved, international disputes in the world, as an agenda item of the United Nations (UN). With the passage of time, instead of finding out the will and aspirations of the  IDA:JK and The Sikh Nation, PUNJAB, through the plebiscites, India kept on cementing its illegal occupation through a fraudulent accession and military occupation, which changed this paradise on earth into a bleeding valley of Kashmir. Today, the land is referred to as the land of atrocities, brutalities and sufferings around the world. We would like to let the world know that we are determined to live freely and not under the occupation of the Indian administration as "we are not a part of India, never have been and would never be." Consequently, a tyrant unresolved dispute has resulted in immense gross human rights abuses of inhabitants of IDA: JK and The Sikh Nation, PUNJAB.

Recently, the Indian administration blessed the ISA: JK with the 'Brahmins-Hindus' Human Rights Commission, which announced 2,730 bodies have been found in unmarked graves in Kashmir. This officially confirms earlier findings by the international human rights groups. Security forces once claimed any such graves were those of unidentified militants (freedom fighters) killed in military encounters. The commission says 574 bodies have already been identified, however, as those of local villagers, and DNA tests will expose many more. This was genocide as outlined by the United Nations resolution, “genocide means any of the following acts committed with intent to destroy, in whole or in part, a national, ethical, racial or religious group, as such”; (i) deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part; (ii) killing members of the group; (iii) causing serious bodily or mental harm to the group; (iv) the deliberate and systematic destruction and elimination  of the group.

A government commission in IDA: JK has called for a fresh probe into the alleged mass rapes in two remote villages by Indian army personnel twenty years ago, a report said Saturday. Kashmir's State Human Rights Commission (SHRC) has recommended that the government (tyrant Indian administration) set up a special team to re investigate the alleged mass gang rape of at least 31 women by Indian army personnel in 1991. In other words, it is like to "re-invent wheel." The women from the villages of Kunan and Poshpora in northern Kupwara district had claimed that these victims had been gang raped by soldiers during the night of February 23-24 in 1991, at the peak of the insurgency that erupted in 1989.

For instance, on the legal aspects of forcible occupation, Article 7 of the Indian Independence Act and Article 25, very clearly states that from 15th August 1947, “the suzerainty of His Majesty over the Indian states lapse and with it lapses all treaties and agreements enforce at the date of the passing of this Act between His Majesty and the rulers of the newly born Indian Union.” Consequent, all powers and functions, which were to be exercised by the British India Empire, in relation to the Princely States, also ceased. All agreements of British India Empire and princely states also lapsed on 15th of August 1947, following handing over executive political power to the leaders of the Indian Congress Party, then led by the Brahmins-Hindus. Since the state of Jammu and Kashmir was a Princely State with a special autonomous status, therefore, it can be very conveniently said, that on 15th day of August 1947, the Maharaja Sir Hari Singh was not the permissible ruler of the state of Jammu and Kashmir as all his treaties with British India Empire lapsed by handing over the political power. Once he (Hari Singh) was not a ruler of the state, he had no right to sign the accession document, had he signed that at all.

Additionally, the IDA: JK shares 5% of its border with the 'Brahmins-Hindus' India and Kashmir has a majority of Muslim population (more than 80%). As such, there are no similarities between the Muslims and Hindus. The latter is "neither a religion nor a culture," according to several Hindu and non-Hindu academics whereas, the followers of Islam (Muslims) are the world's third largest religion. Further, for a cow-worshipper the animal is sacred and the Muslims are 'meat-eaters, including the cow'. Muslims as against Hindus are strictly prohibited.Since 27th October, 1947 and since the deployment of the 'Brahmins-Hindus' demoncracy/democracy's armed forces, it was illegal in the State of Kashmir. Instead of nurturing the citizens of the IDA: JK, they are kept under subjugation and have been committing severe and inhuman crimes, pogroms, massacre, fake-encounter killings, rapes, dehumanization and humiliations. To say the least, the 'Brahmins-Hindus' armed forces have failed to win the hearts and minds of the citizens of the ISA: JK.

India territory of the IDA: JK and Pakistan 'agreed' to allow the people of Jammu and Kashmir to decide their future in a UN supervised plebiscite. India has since gone back on that agreement. Clearly, it has done so because of certainty that the people of Jammu and Kashmir would vote against India. By going back on this ‘undertaking of the UN: SC resolution of 1948’, India has conceded that the people do not want to stay with India.

Last but not the least, in order to stop further bloodshed, India Government is asked, through Honorable Consulate General, Toronto, to vacate the IDA:JK to preserve peace, It must respect the aspirations of the citizens of the IDA:JK and the withdrawal of its army from the illegally occupied.