Omar Abdullah - Be like “Badshah” 

People of Jammu and Kashmir UT have voted in numbers that can make any democracy proud. Results announced have given a clear mandate with even a more clearer message. People want to live in peace and the new government to address their pressing issues of livelihood, unemployment, drug menace, hefty electricity bills and sustainable economic growth. But, any bipartisan analyst cannot ignore the existence of an undercurrent of angst and emotional disconnect with the the abrogation of Article 370, downgrading the status of state to UT post reorganisation, the alleged misuse of the Public Safety Act (PSA) in Kashmir valley that coalesced into a collective mood in favour of the the strongest regional party.

Praise voters who voted without fear. Praise political parties with different ideologies who participated with full vigour, including those who tilt towards separatism. Praise security forces who helped in making incident free and fair elections possible, despite some apprehensions. Praise the Election Commission of India (ECI) who lived up to its word of conducting a free and fair election. Congratulations are rightly due to the govt, ECI, media, candidates and voters for this historic and singular achievement.

Many analysts and political parties will surely take a deep dive into results to identify the story behind numbers. TV channels shall create scenarios based on views of panelists and their own anchors, or as influenced by the leanings of their owners. Jammu, Kashmir and Ladakh post signing of the instrument of accession by Maharaja Hari Singh, the ruler of J&K, on Oct 26, 1947 had later received special status state under Article 370 of the constitution. The honourable Supreme Court upheld the decision of the government of India to abrogate Article 370 in its judgement, delivered by its five bench judgement on December 11, 2023.

Given the political realities of our country at present, I guess it is most unlikely that we can reverse this decision during my life time or even beyond. Hence, addressing the genuine aspirations of the people should take precedence. Besides, one may recall that Sheikh Abdullah had signed 1975 Indira Gandhi accord after voicing demand over years for other options - plebiscite, self determination and independence.

One of the less frequently discussed issues post his accord is the review of post 1953 laws in the state as per Beg-Parthasarathy agreement during his tenure as the Chief Minister from 1975-82. The cabinet led by him had appointed two committees under the chairmanship of Afzal Beg, then Dy Chief Minister. Devi Das Thakur, Law Minister was member of both committees.

One committee was to conduct critical examination of the provisions of constitution of India and laws extended to the state, post 1953 and the other was tasked to examine detention laws in the state. The committee for review of the post 1953 laws met a few times but there was a sharp division amongst the members on the desirability of the review or revocation of laws extended to state after 1953.

This had caused a stalemate. The committee existed even after Afzal Beg left the cabinet in 1979 with DD Thakur as the Chairman. Few meetings under his chairmanship too proved inconclusive. Sometime in 1980, Sheikh Sahib asked the committee to submit report without further delay. Ghulam Mohammad Shah and Ghulam Nabi Kochak complained to CM that meetings could not be held due to non availability of DD Thakur on account of his other engagements. It was at this stage that DD Thakur proposed to CM that he be allowed to submit his report and Shah and Kochak submit their reports separately. Both, Kochak and Shah submitted their report within a week of Thakur’s submission of his report. The reports were at variance with each other.

Thakur opposed any further deliberation on the question in view of what had been committed by the accord on behalf of Sheikh Abdullah and Afzal  Beg. He gave interesting rationale, emphasising on the need for a common basis to evolve, as any unilateral action would result in a reversal of constitutional developments since 1953. Such an action would also jeopardise the Accord of 1975.

This point seems to have been appreciated by Sheikh Abdullah, because of which the question of review was not raised in the cabinet thereafter, till his demise in 1982.  Did Sheikh Sahib write words like say, “ Not relevant now “ or “ No looking back “ in his remarks on the file can best be known if the file is made public. The fact that he did not do much thereafter could also be his realisation that the Constitution of India is indeed fair to its citizens as it does not discriminate people based on their religion, caste, region, gender or race. After all, he with three of his colleagues, were members of the committee that drafted the Indian Constitution and he would surely have known better.

Somehow, when discussing Kashmir, our reference point is contemporary in a historical context viz, the instrument of accession with India on October 26, 1947. I am born in Kashmir in 1954 AD and have spent my early growing years in the lap of paradise on earth. During my independent research for my book, “ Kashmir As I see it - From within and afar” published by RUPA in May 2019, I realised that one needs to go beyond the instrument of accession to understand Kashmir and had hence coined an acronym, LeLaMOKSHI where Le stands for Legality, La for Land, M for Morality, O for Operationality, K for Kashmiriyat, S for Shaivism and Sufism, H for Historicity and I for Indentity. These elements need to be understood individually with interdependencies as an iceberg, where the elements of legality and land being above water are visible to our eyes as issues involving three countries - India, Pakistan and China, while all other elements are under water that require a deep dive in the ocean of history.

Post 1990, people of all faiths have suffered in Kashmir.  Thousands and thousands have been killed either by terrorists or by people in uniform and lakhs of peace loving, Kashmiri Pandits have been uprooted from their original place of abode for over 5000 years in a process described by the National Human Rights Commissioner (NHRC) as “akin to genocide”. In the concluding pages of his judgement of December 11, 2023, Justice Kaul of the honourable SC penned an emotional epilogue recommending setting up of a “truth and reconciliation commission’ just as in post-apartheid South Africa. Having visited South Africa and Rwanda, I have seen the benefits of such interventions, notwithstanding that context and causes that led to such interventions being different in nature with reference to Kashmir. One can always learn from such best practices processes and adapt same to suit our circumstances to address the human dimensions for justice.

If we look at the history of Kashmir post 14th century, we unanimously recall the glorious rule of Zain -ul-Abidin of the Shah Mir dynasty. He took over as the Sultan of Kashmir in 1420 AD the restored the semblance of communal harmony. His reign from 1420 AD to 1470 AD was a remarkable phase of peace, prosperity and cooperation. Kashmiri Pandits who had left Kashmir due to excesses in time of his predecessor, Sultan Sikandar, decided to return during his rule. Zain-ul-Abidin is remembered as the “Great King” or “Badshah”, unlike Sultan Sikandar who is remembered as “iconoclast” at whose behest the decree ordering the Pandits to convert (raliv), tsaliv ( opt for exile) or galiv (choose to die) was issued.

Hence, if we look at the rulers of Kashmir post 14th century, post the arrival of Islam, the reign of Zain-ul-Abidin from 1420 AD to 1470 AD stands out as a period when the Valley had obtained its own ‘ Nash equilibrium’, a concept where the optimal outcome of a game is one where no player has the incentive to deviate from his chosen strategy after considering the choice of his opponent. Since then, we are historically in a state of transition !

I recall taking the liberty of changing the last lines of a Sufi Kalaam, Baaz Wala Raazhanz by Shamas Fakir in my concluding remarks on July 6, 2019 at the launch of my book on Kashmir in Srinagar by Khurshid Ganai, IAS, then Advisor to the Governor, J&K. The book had been released  in Kolkata on May 12, 2019 and in New Delhi on June 4, 2019. The book release event in Srinagar was attended by leading intellectuals, journalists, former bureaucrats, industrialists, technocrats and the discussion was moderated by eminent columnist and journalist, Dr Manoj Joshi. The last stanza that I shared summarises the enormity of our challenges and a wish for the new govt that should be taking oath soon.

Sath samandar chi myani taale

Tath dariyavas kath tari naav

Anighati Shamso Tsong Yus ha Zaale

Assi gos tas Badshah tsund Deedaar

Our challenges are indeed a heavy load to carry over the seven seas. We wish to have Deedar of a Badshah who will lead us from darkness to light. History has brought us to another interesting point of transition.

Resting on my writing desk in my flat in Kolkata where I reside, I pray the next government keeps emotional issues at an arm’s length and works in cooperation with all stakeholders, including the opposition BJP for meeting aspirations of our people and pray the centre grants statehood to the UT before even a resolution is introduced in the new assembly.

Let’s all begin a new journey with hope and promise to create an environment for Kashmiri Pandits to return with safety and dignity. Preserving ecology too is important and reserving jobs for locals is possible by legislation as done by other states, like Madhya Pradesh (70% for domiciles). We can make it 80% where talent is not a constraint or invest in massive skill upgradation, as required. Similarly, restricting allotment of land too can be handled with centre with tact, persuasion and mutual respect. Naveen Patnaik can be a better role model for CM of a state that wants the best for his people.

Omar Abdullah has to decide if he wants to be remembered as the next Badshah or if he wants to keep the political pot boiling, as in the past. Clearly, his choice.

Ashok Dhar, Author “ Kashmir As I see it - From within and afar”