One sided concessions by Pakistan to India


By Brig. (Retd) Asif Haroon Raja

The US brokered Pak-Afghan-Transit-Trade-Agreement (PATTA) on July 19, 2010 allowing transportation of Afghan goods through Wagah to India and in return Pakistan getting permission to use Afghan territory for trade with Central Asian Republics (CARs). The US twisted Pakistans arm to make India part of PATTA so as to allow India to export goods to Afghanistan and beyond through Wagah border, grant Most Favored Nation (MFN) status to India and liberalize visa regime. Efforts are now in hand to pressure Pakistan to allow India to transport merchandise goods to and from Afghanistan without giving anything in return except for deceptive promises that trade with India will be of great benefit to Pakistan. A new opening is being given to India despite the fact that there is a serious trade imbalance in Indian favor.

On 2 November 2011, Pakistan agreed in principle to grant MFN status to India with a view to liberalize trade between the two countries, disperse clouds of distrust, build confidence and bolster peace process. By December 2012, India would transition to full MFN status. Several rounds of talks took place to remove bottlenecks and improve overall climate for two-way trade. Pakistan has been insisting to remove non-trade barriers against Pakistani goods and ease its quality control and customs procedures. Visa regime has been liberalized and new land routes are being sought by India. Apart from awarding MFN status to archenemy, India has also been made part of PATTA.

MFN status to India will enable India to tilt trade balance completely in its favor since even now when Pakistan enjoys MFN status since 1996, its exports to India are worth $200-$350 million only and that of India without MFN status are $2.3 billion. Current trade balance remains heavily in favor of India. Once India is bestowed the MFN status without providing protection to local manufacturers and growers, and granted access to Afghanistan and Central Asian markets through Pakistan, it would not only flood our markets with cheap Indian goods and cripple our manufacturing industries, but would also fulfill Indias dream of monopolizing the economics of South Asia and Central Asia.

Pakistan has decided to compete with India and grant it additional concessions at a time when Pakistans industry and economy is highly vulnerable and fragile and the country is at the brink of becoming a failing state. The west has already started calling Pakistan a failed state. Pakistan GDP in 2010/11 stood at 2.4 % as against Indias 8.5 %. Indian exports to Pakistan stand at $1.2 billion as against Pakistans exports to India totaling $268 million. Since Indias economy is robust and vibrant and has relatively secure environment, the trade deficit is likely to grow further. India will be in a much better position to flood Pakistani markets with cheap Indian goods to destroy Pakistans economy and local industry. Unable to compete with India, it will adversely impact Pakistans manufacturing industries and will also negatively impact Pakistans trade with Afghanistan and with CARs.

Seeing the military and nuclear build up of Indian armed forces at a feverish pace, its threatening posture particularly because of its ominous strategic alignment with USA, Afghanistan and Israel, its refusal to solve any of the longstanding disputes, its ongoing water and covert war together with propaganda campaign against Pakistan, it is simply mind boggling to hear our rulers harping that India doesnt nurture ill-designs against Pakistan. Hina Rabbani is upbeat that distrust gap between Pakistan and India is narrowing and greater people to people interaction and trade between the two countries would help in improving the overall climate.

The intriguing question is as to why should Indian business community risk trading with Pakistan where industries are closing down due to perpetual power shortages and scarcity of gas, and our businessmen are shifting to Bangladesh, Malaysia and India due to prolonged load-shedding, shortage of gas, insecure environment, unstable political situation and economy in dire straits? India doesnt want to help Pakistan to become economically viable but it has been its fervent desire to make Pakistan economically unviable. Covert war combined with water war and propaganda war, and now supplemented with trade war is designed to strangulate Pakistan and forced to withdraw Kashmir case and forget about other disputes. Moreover, knowing that India is vying to become the leading contender among other competitors in Afghanistan and is using Afghan territory to destabilize FATA and Baluchistan, yet an understanding has been given to India that it will be given access to Afghan markets via land route.

Once India consolidates her position in Afghanistan and establishes strategic links with CARs through Pakistan and Afghanistan, she will be in a position to block or curtail Pakistans trade with Afghanistan and CARs, or open the trade route after extracting additional favors like putting all core issues in a cold freezer for times to come.

Should we again be misled into believing that this time India is genuinely interested in peace and friendship? If so, what is the basis of optimism? What practical steps India have taken to allay our legitimate fears, or to resolve outstanding issue of Kashmir, which bedevil Indo-Pak relations? For 64 years Pakistan has been ceding ground to win the friendship of India but couldnt change the mindset of Brahman rulers. If India is genuinely interested in friendship with Pakistan, it must prove it by actions and not by deceptive and hypocritical sweet talk.

India has been constantly acquiring concessions from Pakistan under deceptive confidence building measures but giving nothing in return. Taking into account the hostile track record of India, Pakistan should open up its border with India for trade with due prudence, lest it falls into yet another trap. Grant of MFN status to India and land route through Wagah should be made conditional to the resolution of Kashmir, Siachen, Sir Creek and water disputes and stoppage of Indo-Afghan cross border terrorism from Afghan soil. The US pressure and Indias guile must be resisted with full determination.

The writer is a retired Brig and a freelance columnist.

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2 Responses to One sided concessions by Pakistan to India

  1. Raja Habib Jalib says:

    The trade between India & Pakistan is always one sided, Pakistan has lost big industry due to the shortge of power, and it is said by top experts that some Pakistani political figures were culprit in dammageing their industry to let Indian busnesses gain more power. Well ,Now India will be dominating by direct transport via Waga to Afganistan & Asian republics, and this way India could trigger more proxy wars inside Pakistan to completly dammage the independence of Pakistan . They have sucessfuly used these ideas in Kashmir by supporting those opposition hurriet leaders in Kashnir ,who favour India secretly ,and also forced Pakistan to support those. today India is completly circulating Pakistan, and involved in bombing ,and other groups in Balochistan & Taliban groups to destablize Pakistan. It is shame that political leadership of Pakistan is still sleeping.
    (Raja Habib Jalib chairman jammu & kashmir human rights council int wing)

  2. hem raj jain says:

    Dear Mr. M. J. Akbar

    Sub:- An open letter

    I read your article ‘Why is Syed Shahabuddin writing to Modi ?’ in Today’s Sunday Times and compelled to tell you with sadness that how ignorant and insensitive you are about the plight of Indian Muslims.

    You certainly must be owing some thing to Islam therefore it is expected that you will do your best to bring succour to the souls of the butchered and family members of thousands of innocent Muslims who were massacred in 2002 in Gujarat.

    I hope you will go through the following and will care to reply.

    Regards

    Hem Raj Jain

    (Author of ‘Betrayal of Americanism’)

    S / 72, Maya Indraprasth, J P Nagar Ph VI th, Bangaluru – 560078, India, Ph:- 080 – 41144997, 07829074704

    xxxxxxxx

    To
    India Against Corruption

    Attn:- Madam Kiran Bedi

    [Ex – Director General of India’s Bureau of Police Research & Development, Ex – Deputy Inspector General of Police in Mizoram, Holders of Suryadatta National Award, 2007, United Nations Medal 2004, Ramon Magsaysay Award 1994, President’s Gallantry Award 1979 etc]

    Sub:- 2002 Gujarat & 1984 Delhi massacres

    Mr. Justice (Retd) Santosh Hegde, kindly granted me the appointment and I met him at 10.00 Hrs today on December 1, 2012 at his residence at Bangaluru in connection with the following matter.

    I was trying to get the support of Mr. Hegede because I was under the impression that Mr. Hegde is still the executive body member of ‘India Against Corruption’ (IAC) of Anna Hazare and his Team (including your goodness).

    But Mr. Hegde told me that he is no more with IAC hence I can (in individual capacity with some individuals) go-ahead with this petition in Supreme Court by engaging an advocate (in addition to other provisions of law, also by invoking the inherent power of the Court and also under Article 21 and 32 of Indian Constitution along with petition in NHRC to intervene in this Supreme Court proceedings with Court permission under Section 12 (b) of the Protection of Human Rights Act).

    I otherwise also could have filed this petition in Supreme Court in my individual capacity but as your goodness knows that unless some organization (like IAC) is backing this petition nothing good and effective will come out of it.

    Therefore I request your goodness to kindly talk to other executive members of IAC (And Anna) and after taking a press conference (with other executive body members of IAC and preferably with Anna too) in Delhi, kindly ensure that this petition is filed in Supreme Court at the earliest, so that not only ‘Hatyare’ (murderers) do not rule India (at Centre and in States) but also such unfortunate massacres (as in 1984 and 2002) which take away the lives of thousands of innocent people (which also badly tarnishes the secular image of India in world community) do not take place in future in our country.

    I am prepared to come to Delhi for assisting your goodness / IAC in filing this petition in Supreme Court regarding Section 130 and 131 CrPC etc.

    Regards.

    Yours truly

    Hem Raj Jain

    (Author of ‘Betrayal of Americanism’)

    Richfield, Minnesota – 55423, USA, Ph: 612-202-4053

    Presently at – Bangaluru – 560078

    xxxxxxxxxxxx

    Dr. Ajaib Singh
    Member, National Commission for Minorities
    New Delhi

    Hon’ble Sir

    In the petition discussed below regarding 2002 massacre of Muslims in Gujarat, the 1984 massacre of Sikhs should also be included so that justice is done to the thousands of Sikhs massacred at Delhi

    Regards

    Hem Raj Jain

    xxxxxxxxxxxxx

    Hon’ble Sh. Wajahat Habibullah
    Chairperson
    National Commission for Minorities
    New Delhi

    Sub:- Clarification about Your Honor’s reply to my petition to NCM

    Hon’ble Sir

    In reply to my following online petition dated November 27, 2012 to NCM (addressed to Hon’ble Ms. Syeda Bilgrami Imam, Member, National Minorities Commission), today on November 29, 2012 I have received your following kind reply via email.

    As I could not understand the full meaning of your kind reply therefore Your Honor is requested to kindly clarify the following:-

    (1)- Is it Your Honor who will be discussing this matter with Members of NCM (Hon’ble Mr. Vinod Sharma and Hon’ble Mr. K. N. Daruwala) ?

    (2)- Or Your Honor is directing and referring me to Hon’ble Mr. Vinod Sharma and Hon’ble Mr. K. N. Daruwala to discuss this matter ?

    (3)- In case Your Honor is directing and referring me to discuss this matter with Hon’ble Mr. Vinod Sharma and Hon’ble Mr. K. N. Daruwala – then as Your Honor is aware that I live at Bangaluru then are Hon’ble Mr. Vinod Sharma and Hon’ble Mr. K. N. Daruwala coming to Bangaluru ?

    (4)- If not then, is Your Honor expecting me to come to Delhi or at any other place where Hon’ble Mr. Vinod Sharma and Hon’ble Mr. K. N. Daruwala will be available for this discussion ?

    (5)- What will be the place, date and time suitable for Hon’ble Mr. Vinod Sharma and Hon’ble Mr. K. N. Daruwala to discuss this matter ?

    Regards

    Yours truly

    Hem Raj Jain

    (Author of ‘Betrayal of Americanism’)

    xxxxxxxxxxxxxxx

    From whabibullah@nic.in
    To jainhemraj59@gmail.com

    May like to discuss with Vinod and Keki

    Xxxxxxxxxxxxx

    To
    Hon’ble Ms. Syeda Bilgrami Imam
    Member, National Minorities Commission (NCM)

    Sub:- Petition to kindly help in filing the following Court cases about 2002 Gujarat massacre of thousands of innocent Muslims.

    Hon’ble Madam:

    The following Court cases ought to be filed without any further delay so that not only justice is done in Gujarat 2002 massacre of thousands of innocent Muslims (the largest minority community in India) but also such massacres do not take place in future any where in India and for this purpose and mission I seek your kind help and guidance:-

    (1)- Prominent media has reported that JCMOE Chairman Syed Shahabuddin has publicly asked Gujarat Chief Minister Narendra Modi to offer at least 20 assembly tickets to Muslims in coming Gujarat Assembly elections. The JCMOE (Joint Committee of Muslim Organizations for Empowerment) is an umbrella body of these 10 Muslim organizations – 1. Jamiat-ul-Ulema Hind: Maulana Arshad Madni, President, Maulana Mahmood Madni, General Secretary 2. Jamaat-e-Islami Hind: Maulana Jalaluddin Umri, Amir-e-Jamaat 3. All India Majlis-e-Mushawarat: S.Shahabuddin, President 4. All India Milli Council: Dr. Manzoor Alam, General Secretary 5. Movement for Empowerment of Muslim Indians (MOEMIN): Moosa Raza, President 6. All India Momin Conference: Furkan Ansari, MP, President 7. All India Shia Conference: Shamim Kazim, President 8. Markazi Jamiat-e-Ahle Hadith: Maulana Asghar Imam Mahdi Salafi,General Secretary 9. Imarat-e-Sharia: Bihar: Maulana S. Nizamuddin, Amir-e-Shariat 10. All India Muslim Educational Society: Bashiruddin Babukhan, Vice President.

    (2)- This act of JCMOE is nothing short of en-cashing 2002 Gujarat pogrom on the dead bodies of thousands of massacred innocent Muslims. The JCMOE is doing it for the simple reason that it is afraid of getting proper cases filed in Courts for prosecuting government functionaries (the then Prime Minister Vajpayee, Union Home Minister Advani, Defence Minister Fernades, Chief Minister Modi and other concerned public servants) – who were legally responsible for this 2002 massacre.

    (3)- The entire matter of justice for the victims of Gujarat massacre 2002 can broadly be divided in three categories based on the fundamental distinction that in category (1) & (2), no evidence is needed from the victims of this massacre and Higher Judiciary of its own should have imparted justice long back, based upon government records only. Whereas evidence is needed from the victims for the category (3) only, where Higher (subordinate) Judiciary is dependent on the evidences from the victims in various cases pending in courts :-

    Category (1)- Events from 28/2/2002 to mainly 3/3/2002, concerning Gujarat Government :-

    (4)- People in large numbers came on streets all over riot affected Gujarat due to call for State-wise ‘Bandh’ (illegal, as in view of emotionally charged atmosphere due to Godhra incidence there was no permission from authorities of Gujarat for this State-wise Bandh) given by Vishwa Hindu Parishad (VHP) and supported by its traditional allies / associates like BJP, RSS, Bajrang Dal, Shiv Sena etc. Despite no permission for Bandh thousands of Bandh observing people under the ‘office bearers’ of these Hindutva out-fits came on streets and indulged in heinous crimes of murder, rape, assault, arson, loot, criminal trespass etc.

    (5)- Police of Gujarat (right from SHO of police stations of riot effected areas to their superiors up-to S.P., Commissioner, IG, DGP etc including intelligence, jointly responsible under section 36 of CrPC) and the then Home Minister and the then Chief Minister and their Secretaries and Executive Magistrates of areas were under legal obligation to arrest / get arrested these ‘office bearers’ of VHP, BJP, RSS, Bajarang Dal, Shiv Sena etc. not only for carrying out illegal Bandh but, under section 34 and 120-B, 511 IPC, also for their complicity in / responsibility of heinous crimes of rioters, including crimes of murder, rape, assault, arson, loot, criminal trespass etc.

    (6)- But on the contrary, the vice-president of Vishwa Hindu Parishad (VHP) Acharya Giriraj Kishore could address press during riots (as was reported by entire media) and office bearers of VHP along with its allies / associates BJP, RSS, Bajarang Dal, Shiv Sena etc. could get away during these 2002 riots without getting arrested and prosecuted for these heinous crimes of murder, rape, assault, arson, loot, criminal trespass etc.

    (7)- Higher judiciary does not need any evidence from the victims of Gujarat riots 2002 (A)- for prosecuting at-least these perpetrators (the ‘office bearers’ of VHP along with its allies / associates BJP, RSS, Bajarang Dal, Shiv Sena etc.) who committed these heinous crimes by their ‘acts of commission’ and (B)- for prosecuting public servants (right from SHO of police stations of riot effected areas to their superiors up-to S.P., Commissioner, IG, DGP etc including intelligence, jointly responsible under section 36 of CrPC) and the then Home Minister and the then Chief Minister and their Secretaries and Executive Magistrates – who by their ‘acts of omission’ allowed these rioters on street (despite no permission for Bandh) to commit these heinous crimes with impunity.

    (8)- Here it is needless to say that once Higher Judiciary ensures the sanction for prosecution of said public servants and prosecution of all these criminal (who by their acts of omission and commission respectively, are responsible for these heinous crimes) then the entire out-come of the category (3) too would be immensely impacted in the interest of justice.

    Category (2)- Events from 28/2/2002 to mainly 3/3/2002, concerning Central Government :-

    (9)- Whether the police force needed, for the dispersal of unlawful assembly, under section 129 CrPC was provided to Executive Magistrates by Gujarat Government adequately or not – may be decided by Court hence it needs no mention here. But here what is important is to go into provisions of section 130 and 131 of CrPC, which are related to use of armed forces (military) to disperse such assembly / rioters and power of certain armed force officers to disperse this assembly / rioters, respectively.

    (10)- As per section 130 CrPc when such assembly cannot be dispersed by police force, then the Executive Magistrate is to get it dispersed by the armed forces. So when rioters could not be dispersed during 2002 riots by police force then concerned Executive Magistrates in all the riots affected areas of Gujarat were legally expected to call armed forces to disperse the rioters. No body else (including Ministers or Chief Minister) is legally expected to call the armed forces. It is only Executive Magistrate on the spot who has to call the army in such scenario and while in office, he is under legal obligation to keep himself informed that from which nearest pace (and not from distant India’s capital Delhi) he will get military for this purpose of dispersing such assembly / rioters. The calling of army in 2002 by Chief Minister (or by any other authority) and that too from distant Delhi was against section 130 CrPC. The then Union Home Minister was legally expected to move the competent authority for the dismissal of the then Government of Gujarat (under Article 356 of the Constitution) due to breakdown of rule of law, where Executive Magistrates of various districts were not calling Army from nearest places in Gujarat to curb the rioting in Gujarat.

    (11)- But what is more legally objectionable is the act of omission of the then Prime Minister and Defense Ministers and their secretaries in Union Government which caused these heinous crimes of rioters at such large scale. As per section 131 CrPC once military is in the area where rioting is going on then prior permission of / requisitioning by Executive Magistrate is not required. Army officers at site are legally expected to curb the rioting with the use of force, whatever force reasonably required, and by keeping Executive Magistrate informed to the extent possible.

    (12)- In a nutshell, once army is deputed in the rioting area then it is not the State Government but the Union Government (under which Army is), which is primarily responsible for mobilizing adequate armed forces for effectively curbing the riots. Hence for this acts of omission, the Army officer in rioting areas (and their senior officers in command and control), the then Defense Minister, the then Home Minister and the then Prime Minister and their Secretaries deserve to be prosecuted.

    (13)- In this matter of filing proper Court cases, the Muslims are not getting any help from Congress (the ruling party at Centre and opposition party in Gujarat) because of (i)- 1984 massacre where thousands of Sikhs (another minority community in India) were butchered and there too sections 129, 130 and 131 CrPC would come into play (and that too in Delhi where there has been huge presence of Military) and which would embarrass Congress which was in power at Delhi in 1984 and (ii)- Unwillingness of political class in general to make military the ultimate hope (though it is legally expected under Sections 130 and 131 CrPC ) for the threatened victims of any riot / massacre.

    (14)- JCMOE which has knowledge of these legal provisions to prosecute (in addition to other responsible for this 2002 massacre) the said government functionaries due to fear (because no political party is supporting them in this matter) is trying to buy peace for ~ 180 million Muslims in Hindu majority India by getting some money or jobs or place in elected bodies for the victims, their relatives or family members or even for the Muslim community – without realizing for a moment that how the departed souls of the butchered thousands of Muslims would rest in peace if people (especially State functionaries who are more culpable) responsible for this 2002 Gujarat massacre are not punished as per the provisions of law.

    Madam, I have been contacting for the last more than an year so many people and authorities (including Hon’bles PM, SCI, GHC, NHRC, GSHRC, NCM) for the purpose of getting these court cases filed but it seems people are not interested (may be out of fear) to get justice to the victims of 2002 Gujarat massacre. I sincerely hope that you as NCM Member will ensure that these Court cases are filed without any further delay.

    Though with my legal background I am confidant that the said Court cases are in accordance with law of the land but still if Your Honor thinks it proper (and for Your Honor’s satisfaction) then I can get further legal opinion about said Court cases (related to section129, 130, 131 CrPC etc) from Mr. Justice (Retd.) Santosh Hegde (if Your Honor kindly refer me to him) who lives at Bangaluru and who also participated with Your Honor and others (recipient of the copy of this petition) in ‘Inter Commission Dialogue on Child Rights in India’ held on February 22, 2012, at Magnolia Hall, India Habitat Center, New Delhi (in context to add that in 2002 Gujarat massacre children & women also suffered)

    Regards

    Yours truly

    Hem Raj Jain

    (Petitioner)

    Aged 67 years S/o Late Sh N. C. Jain

    Presently at – S/72, Maya Indraprasth, J P Nagar Ph VI th, Bangaluru – 560078, India, Ph:- 080 – 41144997, 07829074704

    CC to – Mr. Justice (Retd) Santosh Hegde, Bangaluru

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