What led to Kashmir decision by India’s top court?

A lawyer looks into his mobile phone in front India's Supreme Court in New Delhi, December 11, 2023. (Reuters)
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Updated 11 December 2023
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What led to Kashmir decision by India’s top court?

  • Disputed Himalayan region is claimed in full but ruled in part by both India and Pakistan 
  • Dispute over Kashmir sparked first two of three wars between India and Pakistan since 1947

NEW DELHI: India’s Supreme Court upheld on Monday a 2019 decision by Prime Minister Narendra Modi’s government to revoke special status for Kashmir and split the region into two federally administered territories.

The disputed Himalayan region is claimed in full, though ruled in part by both India and Pakistan since their independence from Britain in 1947, with the nuclear-armed neighbors having fought two of their three wars over it.

Here are some facts about Kashmir and the constitutional change.

WHAT HAPPENED AT PARTITION?
After partition of the subcontinent in 1947, Kashmir was expected to go to Pakistan, as other Muslim-majority regions did. Its Hindu ruler wanted to stay independent, but faced with an invasion by Muslim tribesmen from Pakistan, he acceded to India in October 1947 in return for help against the invaders.

WHAT WAS THE CONSTITUTIONAL POSITION?
Article 370 of the Indian constitution, which provided autonomy for Jammu and Kashmir, was drafted in 1947 by Sheikh Abdullah, then the state’s prime minister, and accepted by India’s first prime minister Jawaharlal Nehru.

Classified only as a temporary provision, it was included in the Indian constitution in October 1949.

HOW DID THE PICTURE CHANGE IN 1954?
A further provision added to the constitution in 1954 as part of Article 370, article 35A empowered state lawmakers to ensure special rights and privileges for permanent residents of the state.

But it was scrapped with the repeal of Article 370, allowing non-Kashmiris to buy property in the region and ending local control over state government jobs and admission to colleges.

WHEN DID THE NEIGHBOURS GO TO WAR OVER THE REGION?
The dispute over the former princely state sparked the first two of three wars between India and Pakistan after independence in 1947. They fought a second in 1965, and a third, largely over what become Bangladesh, in 1971.

HOW IS THE REGION DIVIDED UP?
For decades, the armies of India and Pakistan have faced off over the the Line of Control (LoC), a UN-monitored cease-fire line agreed in 1972, that divides the areas each administers.

The foes fought a 1999 battle along the LoC that some analysts described as an undeclared war. Their forces exchanged regular gunfire over the LoC until a truce in late 2003, which has largely held since.

WHY WAS THERE AN INSURGENCY?
Resentment by many Muslims in Indian Kashmir over what they saw as heavy-handed rule by New Delhi sparked an insurgency by separatists in 1989, with some backing Pakistan, while others sought independence for Kashmir.

India responded by pouring in troops, and accused Pakistan of backing the separatists, in particular by arming and training fighters in its part of Kashmir and sending them into Indian Kashmir. Pakistan denies that, saying it only offers political support to the Kashmiri people.

HOW HAS THE PICTURE IN INDIAN KASHMIR CHANGED SINCE 2019?
Since 2019, India has announced more investments for the region in areas such as industries, health care, education and tourism. It recently listed Kashmir’s new-found lithium reserves for private mining.

Tourism has grown since 2019 and separatist violence has fallen, the government says, with a G20 meet on tourism held in Srinagar this year during India’s presidency of the bloc.

WHAT AREAS DOES PAKISTAN HOLD?
These consist of the smaller Azad, or “Free,” Kashmir and the Northern Areas that formed part of the state before independence. Pakistan backs a UN-mandated referendum to settle the dispute over the region, expecting that the majority of Kashmiris would opt to join Pakistan.

WHAT IS THE REGION’S GEOGRAPHIC APPEAL?
The Himalayan region has two capitals, Jammu in winter, and Srinagar in summer.

Parts of Kashmir are strikingly beautiful, with forest-clad mountains, rivers running through lush valleys and lakes ringed by willow trees.

Indian Kashmir sprawls over 42,241 sq km (16,300 sq miles). Before the region was split, its size of 222,236 sq km (86,000 sq miles) was slightly bigger than the US state of Utah and almost as big as Britain.

The western Himalayan region is bounded by Pakistan to the west, Afghanistan to the northwest, China to the northeast, and India to the south.

HOW LARGE IS THE POPULATION?
There are more than 12 million people in Indian Kashmir and Ladakh and more than four million in Azad Kashmir. About 70 percent are Muslims and the rest Hindus, Sikhs and Buddhists in Indian Kashmir.

WHAT ARE KEY FEATURES OF THE ECONOMY?
It is about 80 percent based on agriculture, with crops such as rice, maize, apples and saffron. The area is also known for handicrafts such as carpets, woodcarving, woollens and silk.


Pakistan’s drug enforcement agency nets record ‘ice’ haul in major anti-trafficking operation

Updated 6 sec ago
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Pakistan’s drug enforcement agency nets record ‘ice’ haul in major anti-trafficking operation

  • The Anti-Narcotics Force seizes 224 kilograms of the substance while it was being transported to Belgium
  • The authorities also apprehended three suspects, among them two Afghan nationals, who were trying to escape

ISLAMABAD: Pakistan’s Anti-Narcotics Force (ANF) announced on Thursday it had achieved a “monumental victory” in the ongoing battle against drug trafficking by intercepting the largest consignment of methamphetamine, popularly called “ice,” in the nation’s history.
Methamphetamine, known for its potent and addictive properties, has seen a significant rise in use not just in Pakistan but globally, contributing to a burgeoning health crisis.
The drug’s accessibility and escalating abuse have heightened law enforcement and public health efforts to curtail its spread.
This major seizure highlights the ongoing challenges and the critical need for continued vigilance and international cooperation in combating drug trafficking and its societal impacts.
“A total of 224 kilograms of Methamphetamine (Ice) was seized by the diligent ANF team at the Karachi port,” an official statement announced. “Disguised within five containers labelled as ‘Soapstone’ exports from Afghanistan to Belgium, this illicit substance was artfully concealed within the container’s roof and doors.”
The authorities also apprehended three suspects involved in the smuggling attempt, among them two Afghan nationals.
“The suspects were attempting to flee to Afghanistan via the Torkham border when they were intercepted by ANF Team,” the statement continued.
It added the intercepting the massive methamphetamine consignment by ANF prevented its distribution and potential harm to countless people.


Pakistan’s inflation sees lowest increase in nearly two years at 17.3% in April

Updated 28 min 32 sec ago
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Pakistan’s inflation sees lowest increase in nearly two years at 17.3% in April

  • Pakistan has been beset by inflation above 20% since May 2022, registering a high of 38% in May 2023
  • Month on month inflation was down 0.4%, showing negative growth for the first time since last year in June

KARACHI: Pakistan’s Consumer Price Index (CPI) for April rose 17.3% from a year earlier, data from the Pakistan Bureau of Statistics showed on Thursday, the lowest reading in nearly two years and below the finance ministry’s projections for the month.

Pakistan has been beset by inflation above 20% since May 2022, registering a high of 38% in May 2023, as it has navigated reforms as part of an International Monetary Fund (IMF) bailout programme.

Month on month inflation was down 0.4%, showing negative growth for the first time since June 2023.

The Finance Ministry in its monthly economic report said it expected inflation to hover between 18.5% and 19.5% in April and ease further in May to 17.5%-18.5%.

Pakistan’s central bank kept its key interest rate unchanged at 22% for the seventh straight policy meeting on Monday, hours before the IMF executive board approved $1.1 billion in funding under a $3 billion standby arrangement signed last year.

The bank’s monetary policy committee said in a statement it was “prudent” to continue with its monetary policy stance at this stage to bring inflation down to the target range.


‘Well aware of our constitutional limits,’ Pakistan’s army chief declares at PAF graduation parade

Updated 30 min 14 sec ago
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‘Well aware of our constitutional limits,’ Pakistan’s army chief declares at PAF graduation parade

  • General Asim Munir says Article 19 of Pakistan’s constitution sets limits on freedom of expression
  • He says a strong air force is essential to prevent Pakistan from being at the mercy of aggressors

ISLAMABAD: Pakistan’s army chief General Asim Munir emphasized the armed forces’ awareness of their constitutional limits and expectations for legal compliance from others while addressing the graduation parade at the Pakistan Air Force (PAF) Academy in Risalpur on Thursday.
The military’s involvement in politics has been a contentious issue in Pakistan, with public criticism intensifying since the ouster of former prime minister Imran Khan in a no-confidence vote in April 2022.
The country’s military has publicly denied intentions to interfere in political affairs more recently, asserting a commitment to uphold democracy and remain apolitical, amid growing public scrutiny over its past involvements in political matters.
“We are well aware of our constitutional limits and expect others to prioritize adherence to the constitution as well,” the army chief was quoted as saying by the military media wing, ISPR, in a statement.
He said in his address to the graduating cadets that Article 19 of the Pakistani constitution set limits on freedom of expression as well.
“Those who openly violate the clear restrictions on freedom of expression set by the constitution cannot point fingers at others,” he asserted.
General Munir noted specific technologies, including artificial intelligence, robotics and quantum computing, were expanding the scope and transforming the use of air power.
However, he warned against an arms race in the region, saying it could disrupt the balance of power in and around South Asia.
The army chief pointed out that a strong air force was essential to prevent the country from being at the mercy of external aggressors.
“The recent war in Gaza is a fresh example of the miseries that wars can bring,” he said. “The indiscriminate killing of elderly, women and children in Gaza is proof that violence is increasing in the world.”
He also criticized India for its policies in the dispute Kashmir region, pointing out it would not be able to suppress the “voices of freedom” and promising continued Pakistani support on moral, political and diplomatic levels for those resisting New Delhi’s rule.


Pakistan anticipates more high-level Saudi business delegations amid stronger bilateral ties

Updated 02 May 2024
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Pakistan anticipates more high-level Saudi business delegations amid stronger bilateral ties

  • Foreign office says the two countries are involved in robust dialogue that has gained significant momentum
  • It categorically denies reports that Pakistan is providing military bases to any foreign country against anyone

ISLAMABAD: Pakistan anticipates continued visits by high-level business delegations from Saudi Arabia in the upcoming weeks to further explore investment opportunities facilitated under the Special Investment Facilitation Council (SIFC), the foreign office announced on Thursday.
The statement came just days after Prime Minister Shahbaz Sharif concluded his visit to Riyadh, where he addressed the two-day World Economic Forum conference that began on April 28.
During his visit, Sharif met with Crown Prince Mohammed bin Salman and several Saudi ministers to strengthen bilateral relations and economic partnerships between the two nations.
Prior to his visit to the kingdom, Saudi Foreign Minister Faisal bin Farhan was in Islamabad with a large delegation, saying the Pakistani administration’s resolve to strengthen the economy would yield “significant benefits.”
“Saudi investors have been coming to Pakistan in recent months, and engaged with the SIFC in terms of exploring opportunities for Saudi investments in Pakistan, and this is an ongoing process, and we expect similar high-level business delegations to undertake visits to Pakistan in the coming days and weeks as well,” foreign office spokesperson Mumtaz Zahra Baloch told reporters in her weekly media briefing.
She added that both countries were involved in robust and mutually beneficial dialogue that had gained significant momentum in recent months.
“Pakistan and Saudi Arabia are engaged in consultations with each other in terms of increased Saudi investments in Pakistan, including in the energy domain,” she added.
Asked about reports of Pakistan providing military bases to the United States, Baloch called them baseless rumors.
“Pakistani has no plan to provide any bases to a foreign country against any other country,” she continued.
Speaking about the Organization of Islamic Cooperation’s summit in Gambia, the spokesperson said the country’s deputy prime minister Ishaq Dar would highlight the ongoing genocide in Gaza, the right to self-determination of the people of Jammu and Kashmir, the imperatives of solidarity and unity of the Muslim Ummah, rising Islamophobia, issues of climate change, terrorism, and other contemporary global challenges.
She said Pakistan strongly condemned the escalating violations of human rights by Israel and increasing number of illegal Israeli settlements in the West Bank.
“Israel’s actions constitute a breach of international law, including humanitarian laws and other pertinent international laws, and these acts also undermine any prospects of a two-state solution,” she added.


Pakistan vows ‘foolproof security’ for Chinese nationals after militant attacks

Updated 02 May 2024
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Pakistan vows ‘foolproof security’ for Chinese nationals after militant attacks

  • Interior minister says government implementing strict security protocols for safe movement of Chinese workers
  • A suicide bomber targeted a convoy of Chinese nationals near Dasu earlier this year, killing five of them

ISLAMABAD: Pakistan’s interior minister Mohsin Naqvi said on Thursday the government would ensure “foolproof security” for Chinese nationals following militant attacks targeting them in the country where most of them have been working on infrastructure development projects.
Naqvi made this assurance during his visit to the Chinese consulate in Karachi, where he discussed the issue in his conversation with a top diplomat Yang Yuandong, who welcomed the minister to the facility.
Five Chinese nationals were killed earlier this year in March after a suicide bomber rammed an explosives-laden vehicle into their convoy which was on its way from Islamabad to the site of a key hydroelectric dam in Dasu.
Prior to that, Chinese workers also came under attack by Baloch separatists near the Gwadar port. The incident led to the death of eight militants.
“It is our duty to ensure foolproof security for Chinese citizens,” Naqvi said during the during his visit to the consulate. “Strict implementation of standard operating procedures for safe movement of Chinese citizens is being ensured.”
Pakistan took action against a number of senior officials after the Dasu attack, saying they showed negligence and had failed to follow the security protocol.
He said the “enemy” wanted to undermine the China-Pakistan friendship but would not succeed.
According to a statement circulated by the ministry, the Chinese diplomat expressed satisfaction with the overall security plan for the protection of the Chinese workers.