By: Shokoor Khan Advocate
A paper, multilateral type, namely â€œKarachi agreementâ€has been signed by three men on 28th April 1949 in Karachi. One of them, Muhammad Ibrahim Khan, the president of Pakistan occupied Kashmir. (POK).
2. Chaudhry Ghulam Abbas, president all Jammu and Kashmir Muslim Conference.
3. Mushtaq Ahmed Gurmani, minister of Sind province, without portfolio. Paper was regarding Division of functions between government of Pakistan, Azad Kashmir government and all J&K Muslim Conference, signed by Mushtaq Ahmed Gurmani on behalf of Pakistan. On behalf of, Pakistan occupied Kashmir government, POKG, signed by the then president Muhammad Ibrahim Khan and, on behalf of All Jammu and Kashmir Muslim Conference, paper was signed by Chaudhry Ghulam Abbas.
A paper, whereby, matters with the purview of Pakistan government, in point No (viii), mentioned as â€œALL AFFAIRS OF GILGIT BALTISTAN, LADAKH, UNDER CONTROL OF POLITICAL AGENTâ€, at the end of this paper Ghulam Abbas stated as: I agree to this, in so for this concerns with the part, regarding the Muslim Conference. Sd, Ghulam Abbas. (to be noted). Question arises here, that, who were the representatives, as signatories, to this paper for GILGIT BALTISTAN AND FOR LADAKH? The political agent? Or no one!!
Before going into elaborate discussion, factually as well as legally, at issue in hand, first of all, I want to precisely introduce the aforementioned signatories of said paper, with intention to disclose their whereabouts, their competency to sign a treaty, as well as I will give here the procedure that how a treaty meets the real standards to become a legal document as treaty as per VIENNA CONVENTION UNDER INTERNATIONAL LAW. Further, here in after, I refer to Pakistan occupied Gilgit Baltistan as POGB, Pakistan occupied Kashmir as POK Indian occupied Kashmir as IOK and Indian occupied Ladakh as IOL respectively because reader shouldnâ€™t get fed-up to read the repeating.
1. Sardar Muhammad Ibrahim Khan, the then president of POK was inhabitant of village HURNAMERA a small village of the then PACHIOT union council. His constituency was LA-4 of POK, who passed away on 1.08.2003 in Islamabad Pakistan. He was not a president of an INDEPENDENT, AUTONOMOUS SOVEREIGN STATE but a defective president of a SUBSERVIENT STATE, dominant by Pakistan, under its total control. Kindly to be noted that (Kashmir was not and is not a member state or even an observer state in UNs) Neither the president has any control over POGB nor has any property movable or immovable there. Further has no domicile, no constituency to contest elections in POGB and IOL. hence, being an alien to these regions, has no competency to act or represent on behalf of these two DISPUTED REGIONS at any platform, domestically or internationally.
2. Chaudhry Ghulam Abbas, the head of All Jammu and Kashmir Muslim Conference, graduated from Punjab law college Lahore, belong to a Gujar family at Jammu, migrated to Pakistan in 1948 as refugee, was settled in Faizabad, Rawalpindi. He died on stomach cancer, on December, 18, 1967 and was buried at Faizabad, Rawalpindi Pakistan, he willed to be buried in Pakistan. He was not a domicile, or property holder or has a constituency in POGB or in IOL. Hence, was a stranger, a totally alien to these regions and its people. As such was not competent to act or represent on behalf of POGB or IOL at any platform domestic or international. In both sides of Kashmir and POGB there were other political parties functioning, representing and leading their people, AJKMC was one of them heading by Chaudhry Ghulam Abbas, as such, was not only popular authority to represent all Kashmiris, except people of his own party, further he and his party was not known by the people of POGB, so was an alien and stranger to them.
3. Mushtaq Ahmed Gurmani, a Baluch man, belong to Gurmani tribe, a member of Sind legislative Assembly, representing his provincial constituency in Sind. As minister without portfolio, means: (A minister without responsibility for a particular government). As such, being not capable, neither assigned to him a ministry of POGB nor was constitutionally and legally competent to act, as not being a member of national assembly, if so, he to act on behalf of Pakistan, in domestic affairs but, at any rate, could not sign an agreement/treaty, as signatory, because no one, but (ONLY A PRESIDENT OF A SOVEREIGN COUNTRY/STATE IS COMPETENT TO SIGN AN AGREEMENT/TREATY) AS SOVEREIGN HEAD, ON BEHALF OF HIS SOVEREIGN COUNTRY/STATE. VIENNA CONVENTION UNDER INTERNATIONAL LAW.
Before going into the disputed issue of Karachi paper I hereby giving definitions of agreements, contracts, procedural stages for making treaties and their depositions, we must know the validity and invalidity of a document, the process of its execution, the elementary and final stage of completion of a treaty and its deposition, (before secretary general of United Nations), the only authority as per international laws, (Vienna Convention law notes).
Agreement/treaty: synonyms: pact, convention, compact, protocol truce etc.
DEFINITIONS: – (a) A negotiated, legally enforceable understanding between two or more â€œlegally competent partiesâ€ (b) Agreement is a necessary element of a valid contract, for contract, an agreement legally must be enforceableâ€ (c) Agreement is a meeting of minds with understanding and acceptance of reciprocal legal rights and duties as to particular actions.
Definitions above clearly shows that the parties to an agreement must be legally competent and for its validity, it must be legally enforceable, to show the acceptance of mutual legal rights and duties, And the legal capacity of parties to agreement is very essential element.
CONTRACT DEFINITION. A contract is legally binding as valid agreement between parties, to creates binding relations, the law will consider a contract to be valid if the agreement contains: offer and acceptance, an intention between the parties to create binding relations. Consideration to be paid for the promise made, Genuin consent and LEGAL CAPACITY of the parties to act is NECESSARY ELEMENT for legality of the agreement. As such, the necessary object of the contract must be legal and not against the public policy or in violation of law.
TREATY: SYNONYMs: INTERNATIONAL AGREEMENT, PROTOCOL, PACT, CONVENTION, COMPACT, TRUCE, AND SO ON.
DEFINITION: A treaty is an international agreement between two or more sovereign states in reference to peace, alliance, commerce or other international relations, document embodying such an international agreement, inters into by actors in international law, namely sovereign states (only member states of United Nations) and international organizations. Secretary General of the United Nations being the only depositary authority, more than 500 multilateral treaties, have been deposited with the SECRETARY GENERAL OF United Nations, so for, on various subjects, such as, Human Rights, Refugees, the laws of the sea etc. member state sign, ratify, accede, or lodge declarations, reservations or objections. It is available in hard copy, three volumes in length, in English and French. In accordance with its Article 32, the protocol will be opened for signature by parties to the convention at the UNs Head Quarters in New York.
(C.N. 2010. treates-1 depository notification)
HOW TREATIES ARE MADE: THE PROCEDURE.
All of forms, agreements treaties are under international law. Constitutions provides that the president shall have power, by and with the advice and consent of the senate, to make â€œTREATIESâ€ provided two-thirds of the senators present concur.
MEANING OF INTERNATIONAL AGREEMENT.
SENONYMS: ACCORD, CHARTER, CONVENTION, MEMORANDUM OF UNDERSTANDING, PROTOCOL, TREATIES, which are defined by the VIENNA CONVENTION on the law of TREATIES, is an agreement concluded between sovereign states, in written form and governed by international law, whether embodied in a single instrument or in two or more related instruments, shall be deposited in the office of secretary General United Nations. The Vienna Convention, on the laws of treaties, Article 2 (1) (a). Number of countries that have ratified VIENNA CONVENTION, on the laws of treaties till 2014 are 114.
PROCEDURE WHICH MAKES A BILL, TO AN ACT OF PARLIAMENT
Bills are proposals for new law or changes it to existing laws which are represented for debate before the national assembly or senate. After hearing, assigned to committee, at the end of third hearing, voting on the base of majority of members, if succeeded, then be transmitted to senate for consideration. The same process followed in the senate. If bill passed by the senate, are sent to the president for his assent. After presidentâ€™s assent, the secretary insures its publication in the Gazette for promulgation, as an ACT of Parliament. Now this ACT OF PARLIAMENT would be in a legal position to negotiate for making TREATY/INTERNATIONAL AGREEMENT (s) with other SOVEREIGN COUNTRIES on issues, of common interest, if agree upon the points, in dispute, to resolve. The (member) country or countries must adopt the same procedure, and first make it an ACT of parliament, as mentioned above, before entering into an agreement/treaty according to international law as per VIENNA CONVENTION, otherwise, the whole process will be NULL AND VOID Ab-INITIO, as such, would got no value, but a futile exercise, like that â€œKARACHI PAPERâ€ (A FACTUAL GHOST which exists nowhere, IN LAW).
It is pertinent to be noted that On the fateful day of April 28th 1949, Khawaja Nazim Uddin and Nawabzada liaqat Ali Khan were the then governor General and prime minister of Pakistan respectively, surprisingly, they had not been taken on board and no one from PoGB was aware regarding the exercise of fabricating a forge paper by one Pakistani and two especial privileged agents of Pakistan, having Kashmiri back ground.
The three conspirators aforementioned, have no representing authority as elected popular representatives for POGB, as such, no power vested in them at all. A paper which shows agreement was not legitimate agreement, showing contract but without legal capacity, was mare an imaginary attempt with intention to usurp the freedom of Gilgit Baltistan people. Further its preplanned concealment, for more than 4 decades !!! what does it shows? An immature collusion game with no results! Attempting a conspiracy against natives of GB to deprive them from ownership of their homeland! A â€œMaliceâ€ against their freedom! And more than that.
To put it in a nutshell what I say is, that the natives of PoGB protesting each year against a waste paper! Is a futile exercise. which in-fact, being no beneficial or hazardous to them or to anyone, hence, no one should care of it, about its immediate disposal or to remaining permanently as rubbish, it doesnâ€™t matter because that is a useless â€œrefuse dumpâ€ for GB natives as well as Pakistani neighbors to support their justifications, that Pakistanis being outsiders, remain in GB or to quit GB. A garbage no sporting item for such purpose.
If Pakistan claims some rights on the strength of such TRASH paper, the claim is meaningless. It is obvious that Pakistanis are â€œSURREPTITIOUS INFILTRATORSâ€ into GB by one pretext or the other, couldnâ€™t justify their illegal, immoral but forceful occupation, via infiltration.