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An ambiguous Pak-claim over Siachen
A N Bharadwaj7/11/2016 9:53:39 PM
Without any shadow of doubt, world known Siachen glacier comes under Indian Sovereignty vide British Indian partition plan of 1947, besides that neither any mention on that issue has been made by Cabinet Mission Memorandum of 12th May 1946, nor any reference is available in the meeting of Chamber of Princes of British Indian States headed by Crown Representative held at New Delhi in June 1947, but even then Pak- stakes claim over it, its utterance over it, is an absurd absolutely. Its claim is based on maps but too does not come to its requirements and neither depicts according to its arguments nor comes on its side of LoC, even then it had started to issue permits on its own like monarch for mountaineering expeditions to foreign tourists for that ice-land- Siachen, but that un-warranted movement was noticed by Indian army who adventured to discuss on the basis of authenticated international maps. The alignment on LoC north of where it abruptly terminated at NJ 9842 in 1949 cease0fire Karachi agreement and beyond that point, no delineation was made, because of sea snow-bound harsh region without any habitation and grass and greenery, 78.6 Kms long glacier is leaded well within Indian territory, starting from NJ 9842 that is the point which is called a LOC, demarcated officially. The glacier forms in an inverted triangle, rests on NJ 9842 with India Col to the left and the Karakoram pass to the right in north as the two extremities, lead to Ladakh district of Indian J & K State, situates between Saltoro ridge to the west and main Karakoram range the east, lies just south of the great watershed which separates, Central Asia from the Indian sub continent and Pakistan from China in the region. Karachi agreement of 1949, by Military representatives of Indo-Pak and U N Military Observers are also made a reference, but it needs for review, because of Pak-has no legal claim over the Indian State sovereignty flown legally to it in 1947, for which Pak is nowhere to talk over Siachen glacier. The cease fire line converted into LoC vide Simla agreement of 1972, was demarcated up to Chalumeau Khor and NJ 9842, further demarcated was not possible because of harsh snow zone without any habitation, but Pak- in retaliation insisted to its own stand with recalcitrant manner, but in fact that Lo C goes northwards from there, putting the Siachen glacier well in its Indian territory, and does not justify its stand, even then Pak-was adamant to go by its whimsical stand to keep booty ice-region got in loot and plunder during aggression of 1947 over the State in its unauthorized possession, which is not possible for it to retain in its favour for further longer period. Therefore, Indian forces pushed back Pak-army and vacated its unauthorized possession in 1984. Pakistan is a habitual by birth that it first denies its follies and hides, but later on it admits its transgression shamelessly. It is well known to the world about the facts of the accession of the State of Jammu & Kashmir by following normal process stipulated in Indian Independence Act of 1947, and its sovereignty had flown to India, for which India is under legal obligation to protect it by all means. Indo-Pak Karachi self explanatory agreement of 1949 that speaks well to guide Pak-rulers, wherein the line dividing the military forces of India and Pakistan in the area north NJ 9842 comes to be known as Actual Ground Position Line (AGPL), but even then it is not feasible and viable for Pakistan to talk on Siachen at the cost of Indian sovereignty that is untenable, and non-negotiable. In the light of ground realities, Pak-should with draw itself unwarranted claim over it, to avoid further confrontation. Pak-is running to protect its political interest with the help of China that has already its expanding policy and entered in to an agreement with it to secede Shaksgam valley in its favour unilaterally while it had no status over the territory, and it further complicated the issue for which it is responsible for the consequences. It is not possible for India to leave that ice-land for Pak-enjoyment where it has no sovereign status.
Pakistan had carved out at the cost of Indian sovereignty for ever lasting peace, not for rivalry, and incubation of Islamic terrorism to bleed India after every step. It should confine itself and regard the partition line, not for keeping its eagle eye on other territory. The partition line was demarcated up to NJ 9842, well known to both the countries, and further it was not delineated beyond that point after the armies restored status quo ante after 1971- war, but Pakistan by transgression the agreement under the influence of its malefic intention, opened the Glacier door on its own by flexing muscles for foreign expeditions to explore the no-man land around Siachen , who were pushed away back to their barracks and uprooted by an Indian forces. An un-qualified development without survey and delineating the LoC beyond of NJ 9842 is not possible for facilitating blue eyed Pakistan. That violation would be negative of U N Security Council resolution of 1948, derivative Karachi agreement of 1949 and Simla agreement of 1972. No weighty substantial document s were produced to justify its claim to convince India and international community. Therefore in the light of these facts referred to above, there is not possible for India to budge an inch from its point and Pak should go back to vacate Indian ice-land occupied illegally.
The message of India for Pakistan appeared clearly that it should not drag its feet for any advice for withdrawing forces from its ice-land territory, on the other side Pak-military ruler s hip asserted with suggestion to India like a monarch in April 2012, for demilitarization of Siachen glacier for development and environment purposes, India and Pakistan must live in peaceful co-existences defense without development was neither viable nor acceptable, India under its legal sovereign rights over the glacier territory of the State is bound to protect its territory, which had flown in its favour, and is guarding its whole glacier at highest commanding Saltro post since the partition of British India. Pakistan has been sitting down wards in the northern side which is to be surrendered on the basis of ground realities. It deliberately misuses the status quo territory and other Gilgit Agency that got in booty during aggression over the State at the cost of Indian sovereignty unilaterally without any status for its interest and it would be responsible for the consequences, because of political position of the world never remains stable that changes after suitable interval, similarly the miracle change in South and Central Asia
would likely to be happened in that event where Pakistan would face abnormal difficulties. Pakistan encroached upon the Indian State territory in loot and plunder, therefore it has no value for that territory and ceded Shaksgam valley to China by entering an agreement without sovereign rights unilaterally for political gain to get oxygen for its existence on other interest which is not sustainable.
Pakistan vide its usual gold-plated policy to convert myth in to truth desires to get share also as self styled claimant on Siachen glacier on parity basis for which it is nowhere to stake its any claim on the glacier. Apart from Siachen, there is a first need also to discuss the mode of surrendering the status quo territory, Gigot Agency and Shaksgam valley, where Pak-has exercised its political power without sovereign rights unilaterally in lieu of its political interest that relate with Kashmir as mentioned in the representation submitted by India to the U N Security Council, for peace and communal harmony in the region. Pakistan had not legal right and committed diabolical misadventure to use Indian sovereign territory, made changes there whimsically and uproot the indigenous people for demographic change which were the serious transgressions,/ India objected over its illegal transgression , but that objections were ignored and multiplied confrontation with India, for that sin it would not be exonerated. It should forget its notion from its mind for one of its claimants. That glacier is well within Indian sovereignty. In the light of these facts, it is up to Pakistan whether it is interested to live with it as peaceful neighbor to lead its country towards prosperity and developments or push back to medievalera for slaughtering and bloodshed.
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