SAN FRANCISCO, May 11: Yahoo Inc Chief Executive Scott Thompson, at the centre of a row over his educational qualifications, told his top executives he never provided a resume or incorrect information to Yahoo, a source familiar with the situation said.
Thompson held a meeting with senior staff to address the controversy that erupted a week ago, and has caused turmoil at the struggling Internet company and raised questions about his future as CEO.
Yahoo acknowledged last week that Thompson, the former president of eBay Inc division PayPal, does not have a computer science degree, despite what was stated in his official company biography and in regulatory filings with the US Securities and Exchange Commission.
Thompson sent an email to Yahoo employees earlier this week apologizing for the controversy, and saying he hoped a Yahoo board review of the matter would be concluded promptly.
In the meeting yesterday, Thompson gave an account of the facts as he understood them, the source said, and provided executives with an opportunity to ask questions.
Thompson’s official biography at Paypal also listed the inaccurate education details, and it was unclear how Yahoo obtained the information on his educational record when it employed him.
Keith Giarman, who heads recruiting of top executives for venture capital and private equity firms at executive search firm DHR International, said high-level executives don’t usually directly provide their resume to potential employers,
Typically, he said, a recruiting firm will compile a dossier about their client, which would include the client’s resume and the firm’s assessment of the candidate, and send it directly to companies. (AGENCIES)
Yahoo CEO says he never provided a resume-source
Kerry warns Pakistan to be more cooperative
WASHINGTON, May 11: A top American Senator has warned Pakistan that the US would have no other option but to resort to “self-help” if Islamabad does not become more cooperative in the war against terrorism.
Such a warning, ahead of the Chicago summit later this month which is expected to take crucial discussions related to Afghanistan, came from none other than Senator John Kerry, Chairman of the powerful Senate Foreign Relations Committee and architect of the Kerry-Lugar-Berman Bill that allotted USD 7.5 billion to Pakistan for five years.
“I personally think it is simply unacceptable to have a zone of immunity for acts of war against armed forces and against the collective community that has tried to accomplish what it has tried to accomplish,” Kerry said in his remarks at a Congressional hearing convened by him on the upcoming NATO Summit in Chicago.
“That means Pakistan has to become more assertive and more cooperative, and we may have to resort to other kinds of self-help, depending on what they decide to do,” said Kerry, who in the Obama Administration is considered to be the best friend of Pakistan.
Several times in the past three years, Kerry has flown to Pakistan to troubleshoot when all other means have failed – be it the Raymond Davis Case or the helicopter that got damaged in the Osama bin Laden raid at Abbottabad a year ago.
Such a remarks coming from Kerry is reflective of the changing mood in the United States particularly at a time when the two countries are holding crucial negotiations on the reopening of the ground lines of communications and other related issues between them. (PTI)
Lawyers for China dissident’s nephew say they face threats
BEIJING, May 11: Chinese legal authorities have confiscated the licence of one lawyer and threatened to do the same to another after they volunteered to defend Chen Kegui, the nephew of blind Chinese activist Chen Guangcheng.
The moves come as Chen Guangcheng, whose escape last month sparked an international furore, said Chinese officials were “going crazy” with reprisals against his family in eastern Shandong province in revenge for his recent escape from house arrest.
Chen Guangcheng’s escape caused embarrassment for China and led to a diplomatic crisis in US-Sino relations.
The Chinese Communist Party has always been wary of lawyers, who officials suspect could challenge one-party rule through their advocacy of the rule of law. Authorities have frequently sought to prevent lawyers from taking up politically sensitive cases by suspending their licences to practise law.
Chen Wuquan, a lawyer based in the southern province of Guangdong, told Reuters the Guangzhou Lawyers’ Association had confiscated his licence “temporarily” last week during a standard annual renewal of licences. The lawyer Chen is not related to the Chen family from Shandong.
The association told Chen Wuquan they could not renew his annual licence because they had to deal with a complaint about an article he had written concerning the direction the Chinese legal system is taking.
“It should be related (to the Chen Kegui case),” Chen Wuquan said. “Because this kind of complaint should be processed quickly. It’s not possible that they would have to confiscate my licence and not allow me to handle new cases.”
The justice ministry was not available for comment.
Chen Wuquan was supposed to travel to Shandong on Thursday to meet with Chen Kegui, who was accused of “intentional homicide” on Wednesday, according to a copy of the statement seen by Reuters.
Chen Guangcheng told Reuters his biggest worry now was for his nephew Chen Kegui, who is accused of brandishing a kitchen cleaver at guards who stormed into the home of the blind dissident’s brothers after his bold escape prompted a panicked search by officials.
Liu Weiguo, who was initially supposed to be the lead lawyer representing Chen Kegui, told Reuters state security officers threatened him in late April to drop the case, saying his licence could be revoked and they would meet with his family members. Liu then appointed Chen Wuquan to replace him.
(agencies)
Dave Matthews performs at one of two Seattle Fundraisers
LOS ANGELES, May 11: President Barack Obama called his endorsement of same-sex marriage a “logical extension” of his vision for the country during a glitzy campaign fundraiser at the home of movie star George Clooney that raised nearly 15 million dollar.
Obama, a Democrat, said on Wednesday he believes gay and lesbian couples should be able to wed, a shift in position that excited his political base around the country and spurred donations to his campaign.
“Obviously on wednesday, we made some news,” Obama said to applause from a crowd of 150 people who paid 40,000 dollar a ticket to see the president at the Oscar-winning actor’s home.
“But the truth is it was the logical extension of what America’s supposed to be. It grew directly out of this difference in visions. Are we a country that includes everybody and gives everybody a shot and treats everybody fairly,” he said yesterday.
Obama’s campaign has contrasted Obama’s newly evolved position on the issue with Mitt Romney, the presumptive Republican presidential nominee who opposes gay marriage.
The issue was especially resonant in California, where many famous actors and actresses support legalizing gay marriage. Barbra Streisand, Salma Hayek, Tobey Maguire and Jack Black were among the high-profile stars who dined at tables set up on Clooney’s basketball court.
At an earlier fundraiser in Seattle, Obama drew cheers for his line that Americans should be able to succeed “no matter who we are, no matter where you come from, no matter what you look like, no matter what your last name, no matter who you love.”
He picked up the theme of gay rights, saying citizens of Washington state would have a chance to influence the issue.
“Here in Washington you’ll have the chance to make your voice heard on the issue of making sure that everybody, regardless of sexual orientation, is treated fairly,” Obama said to loud applause.
Washington state lawmakers have passed a bill allowing same-sex marriage but opponents are pushing for a referendum to allow voters to decide the matter and are on their way to gathering enough signatures to get the referendum onto the ballot.
CLOONEY MANIA
Obama’s campaign revved up supporters with teasers about Clooney, encouraging fans to donate as little as 3 dollar online for a chance to dine with the Oscar-winning actor and the president in Los Angeles.
Jeffrey Katzenberg, head of DreamWorks Animation and a major fundraiser for Obama’s campaign, said the Clooney event raised nearly 15 million dollar for Obama and his fellow Democrats. A campaign official declined to confirm that figure.
More than half of the huge fundraising haul came from small-amount donors who entered a raffle to win tickets to the dinner.
The winners were Beth Topinka, a science teacher from New Jersey, and Karen Blutcher, who works at a public utility company in Florida.
Obama’s support of gay marriage could help boost donations from supporters in his Democratic base who have been pressing him to make clear his position, which he had long described as “evolving.”
Obama’s Chicago-based campaign released a video about gay rights and issued an email in the president’s name discussing his decision and encouraging supporters to make a donation.
At his first fundraiser in Seattle, Obama did not address same-sex marriage in his introductory remarks to a luncheon with 70 supporters who paid 17,900 dollar each to attend. That event was expected to gross 1.25 million dollar.
Musician Dave Matthews performed at a second and larger Seattle event, where 1,800 guests paid at least 1,000 dollar per ticket, which could bring in another 1.8 million dollar or more. Proceeds from all of the fundraisers will go to Obama’s campaign as well as Democratic party funds.
Obama has spent months raising money for his re-election to build a huge war chest to fight Romney for the White House in the November 6 election. (agencies)
Jet Airways to launch another flight service to Dubai
DUBAI, May 11: Private carrier Jet Airways today said it plans to introduce a new flight service on the Mumbai-Dubai sector from May 18.
The new service will complement the three flights already being operated by Jet Airways on the high demand Mumbai-Dubai route and the airline plans to commence operations effective May 18, the airline said.
The flights are timed to connect with Jet Airways’s domestic network and network to SAARC/ASEAN points.
Sudheer Raghavan, Chief Commercial Officer, Jet Airways said: “The new flight would help in connecting our guests flying in from Tier II and III cities following an increased demand due to the flow of tourist and business traffic to and from Dubai.” (PTI)
Mother, older sister shot dead last month
ALPINE COMMUNITY, MISS, May 11: The most-wanted fugitive in America shot himself dead and the two girls he was suspected of kidnapping were alive, ending a drama that began with the killing of the girls’ mother and older sister.
Adam Mayes, 35, shot himself in the head after Mississippi state game wardens came across him and the girls hiding in the woods, said Union County Sheriff Jimmy Edwards, who arrived on the scene while Mayes was still alive but fatally wounded.
“The girls are safe. He is deceased,” FBI Special Agent Joel Siskovic said yesterday.
Mayes was pronounced dead at Baptist Hospital from a 9mm gunshot wound that passed from his right temple through the other side of his head, Union County Deputy Coroner Rob Anderson said.
The two girls, Alexandria Bain, 12, and Kyliyah Bain, 8, were hungry but getting medical attention, Edwards said. They had with them a jug of water.
“I told them it’s going to be OK. I gave them a big hug …
When I seen these kids, it was a huge relief,” Edwards told.
Authorities say Mayes killed Jo Ann Bain, 31, and her oldest daughter Adrienne Bain, 14, on April 27, taking the two younger girls with him.
The bodies of the mother and older daughter were found in shallow graves on property belonging to Mayes’ mother in Guntown, Mississippi, last weekend.
Authorities described Mayes as a friend to the Bain family, but the relationship went terribly wrong when the Bains planned to move to Arizona. The husband reported his wife and three girls went missing on April 27 when Mayes was helping them move.
The FBI was offering a 100,000 dollar reward for Mayes and on Wednesday placed him on the bureau’s “Ten Most Wanted Fugitive List,” saying he ranked No. 1 on the list.
The FBI reward was in addition to 71,000 dollar already offered by other sources for Mayes’ capture and conviction.
Various state and local agencies including the game warden joined the pursuit, and they had previously combed the woods where Mayes was found, Edwards said.
The site where Mayes shot himself is about 120 kms outh of the Tennessee town of Whiteville where the Bains lived.
(agencies)
Anti-bacteria coating ‘developed’
WASHINGTON, May 11: Scientists claim to have developed a revolutionary coating which attracts and kills bacteria, even those resistant to antibiotics.
An international team, led by the Nanyang Technological University in Singapore, says the killer coating, which has a magnetic-like feature, can destroy 99 per cent of the bacteria and fungi that it comes in contact with.
In fact, the scientists say that this is an alternative solution which could replace antibiotics—currently the main defence against bacteria – now powerless against super bugs, the ‘Nature Materials’ journal reported.
This “sponge-like” polymer holds a positive charge which acts as a magnet-type of force to draw in bacteria that has a negative charge on their cell walls.
When the bacterium comes in contact with the coating, the cell walls are “sucked” into the nanopores, causing the cell to rupture, thus killing the bacterium, according to the team led by Prof Mary Chan.
“The coating can also be applied on biomedical objects, such as catheters and implants to prevent bacterial infections, which is a serious cause of concern as many bacteria are now developing resistance to antibiotics—currently our main source of treatment for infections.
“By developing novel materials which uses physical interaction to kill bacteria cells, we envisage this can be an alternative form of treatment for bacterial infections in the near future,” Prof Chan said.
The next step would be to extend its use in a wide range of biomedical and consumer products, ranging from implants and surgical instruments to kitchen utensils and cutlery, as it is harmless to human cells, the scientists said in a release.
“Our long term goal is to develop this into an ingestible form, so it can effectively treat bacterial infections within the body, like pneumonia and meningitis, replacing antibiotics as the standard treatment,” Prof Chan said. (PTI)
Social Audit as Accountability Tool
Sanjeev Arora
Since now Panchayati Raj Institutions (PRIs) are put in place by state government after long 10 years. This may be of tremendous help for popularizing Social Audit for percolating the benefits of state and central sponsored schemes to the poor and marginalized people.
The concept of Social Audit is based on the premise that citizens have the right to both know how they are governed and to participate actively in auditing elected representatives, the services delivered and programmes implemented. Social Audit is thus, a natural corollary to effective decentralization. Under the Panchayati Raj system in India , the Gram Sabha has been given the ‘watchdog’ powers in most States to supervise and monitor the functioning of the Panchayat elected representatives and functionaries, examine annual statement of accounts and audit reports. They thus have implied powers to carry out Social Audit. Development schemes can succeed only by public participation. Efforts to involve citizens in planning and monitoring of development activities are incorporated in various centrally sponsored schemes, but social audit has a statutory basis only in MG NREGS.
Social Audit be integrated into the measures already initiated by Central and State Governments to promote community participation in decentralized participatory planning, implementation and monitoring. This can be institutionalized as an effective feedback mechanism, for sustainable local development and correcting administrative shortcomings
Let the Panchayat do the development work and Gram Sabha undertakes monitoring and social audit. There may be a few shortcomings in the beginning, however this problem shall get mitigated, over time. Gram Sabha Sub Committees could be constituted on education, health, local development, roads, drinking water and prepare report and place the same every quarterly meeting before the Gram Sabha
NREGS has kept Social Audit as mandatory; earlier no scheme had such a method of audit – basically a programme audit. External auditors used to do programme audit, now people are auditing their actions, assets and benefits. Hence, before Social Audit event, a process should be initiated to begin the involvement, ownership and responsibility sharing of the people
The process may include formation of good groups and federations, developing them as institutions for social change and support providers for strengthening Panchayats and schemes. Moreover, local Voluntary Organizations (VOs)/NGOs/CBOs should also be qualified enough and monitored so that effective Social Audit could be done. A common factor always plays and creates barriers- that is vested interest and corruption.
Social Audit in many places is merely being carried out for the sake of completion without involvement of elected PRIs. Although under MG NREGS department of rural development department has recruited social auditors in some of the districts of the state who have not given orientation and training. The purpose is failed to some extent. So, challenge is how to ensure effective Social Audit. As already mentioned, people’s involvement process and appropriate Human Resource (HR) policy and capacity building can minimize the risks and maximize the gain from Social Audit. Obviously, Social Audit should be mandatory as complementary to Financial Audit. But, effective system should be in place – proper Management Information System (MIS),HR policy, capacity building of staff , motivation of people’s representatives (by training and innovative incentive system), supervision of work by an independent group of people at district level and state Level who can monitor the process and should be given incentives by States.
The concept of social audit has been restricted to MG NREGS whereas it should have been looked at in the larger perspective of development programmes and the inter-linkages between them. However, NRHM, ICDS, Sarva Shiksha Abhiyan, Drinking Water Supply (PHE) needs to bottom up rather than top down. (Recently district Samba had carried out social audit of BADP programme through professional consultancy agency).
The challenge is to make the staff honest and dedicated. For the Social Audit, Government can systematize and train staff and incentivize/disincentives staff for good internal audit/Social Audit and good process of development and people’s involvement. Social Audit is a part of process of ensuring quality of work – of course it is a supplementary to financial audit but as a complementary activity too, should be treated like that – where External Auditors and Internal Financial Auditors should verify progress based on the Social Audit that has been done.
I think at first district level institutions like office of DDC, ADDC, ACD etc should be capacitated enough and motivated and for that there may be provision for support from within and outside of the state from specialized agencies. Social Audit Team should not be looked into as an isolated team but within a framework of participatory process and institutional system. I guess Devolution policy (Funds, Functions, Functionaries) has already been made by the Omar led Jammu and Kashmir government, but not effective. Line department staff is not practically accountable to PRIs so, audit of line department should be simultaneously done and integrated into PRI audit system. Audit of PRIs should be like a process (a system to be developed) not one time or event. A software may be thought of for capturing not only crude data but also for checking, verifying and capturing people’s feedback regularly and continuously.
These are rough ideas and I hope they may be useful.
Poonch towards peace and prosperity
K. D. Maini
Poonch, a nature blessed track of Pir Panchal region has its own historical identity, cultural backgrounds apart from a glorious and glamorous past. It remain independent principality for centuries together. As per Raj Trangni of Kalhan, Poonch Principality was established by a horse trader ‘Nara’ in 850 AD. It remained under the rule of local Hindu Rajas up to 1452 AD, Rajput Muslims ruled this area from 1586 to 1798, Gujjars from 1798 to 1819 , Sikh from 1819 to 1846 and Dogra Rajas from 1852 to 1947 AD.
Unfortunately, due to the happenings of the 1947, 102 km long LoC was established in the heart of erstwhile Poonch principality and only 40 % of the total area fell on this side of the border. The wars of 1965, 1971 and proxy war from 1989 created a sense of destabilization among the people here. It was only after 2003 with the start of CBMs on the LoC the peace got restored, normalcy prevailed and the wounds of the people started healing.
With the opening of 46 km Poonch – Rawalakote road across the LoC for trade venture and meeting of divided families, the natives got lot of social and economic benefits. The opening of 169 km Mughal road from 2011 onward have directly linked this isolated part with Srinagar. The flow of fruits and Kashmiri items through Mughal Road have opened the doors of economic avenues for the people of Poonch district. On development side , the start of various central sponsored schemes, implementation of District plan as per the need of the habitants, opening of employment avenues for skilled and unskilled labour class in the gulf countries, efforts of the people representatives for systematic development and creation of congenial and cordial atmosphere have brought the district on the path of the development. During 2011-12 the developmental scenario got a further boost under the leadership of District Development Commissioner Poonch. This has happened only with the cooperation of peace living people of this area and sincere efforts of administration
During the year 2011-12 9409.00 lacs was allocated under district plan for implementation of plan schemes. 9386.00 lacs were spent up to the end of the year. Similarly 599.60 lacs were incurred under BADP to fill up the developmental gaps in border belt. 1443.00 lacs was spent under BRGF for creation of infrastructural facilities and 139.69 lacs were utilized under tribal sub plan for overall development of Gujjar and Bakerwaltribes .This shows the liberal funding from state as well as central government in favour of District Poonch so that the economic backwardness could be eradicated.
Agriculture is the main source of livelihood because more than 73 % population depends upon agriculture and allied activities. 0.46 lac hectare gross area has been brought under high yielding verity programme and 17 % production of wheat and maize have been increased during 2011-12 as compared to previous year. The District Poonch has a lot of potential for fruit orchards like apple, walnut, apricot and peach. During the year 2011-12 1.10 lac fruit plants have been distributed among the farmers under normal schemes. Presently six government nurseries and twelve private nurseries are producing fruit plants in the district.
Road communication system forms the basic infrastructure for the economic development of any area. Presently 837 km roads in the districts are maintained by R&B BRO Department. 132 out of 175 villages of the districts have been connected with motor able roads. On the other hand 68 habitations located on the slopes have been connected with the village roads under PMGSY by incurring 171.00 crores which have provided great relief to the natives of remote and border areas.
The primary objective of rural Development Department is to provide assured employment of 100 days to every desirous family. As per the survey of the DRDA there are about 65000 families in the district, out of which job cards have been issued infavour of 56945 families up to ending March 2012. 27.65 lacs mandays were generated and 9827 works completed by incurring 48.98 lacs under MGNREGA during 2011-12.
Power is a key factor for the development of any area. Unfortunately no power project is located in the district. 37, Mega Watt Pernai Hydal Project which was started in 1988 and stopped during militancy period is being revived so that apart from power generation, 22000 kanal land in Mendhar valley could be irrigated. Presently power is being imported from outside. Out of 178 villages 165 villages have been shown electrified by the department as per the norm of rural electrification but still there are 937 mohras and 221 Gujjarbasties with 37 % population whose houses are yet to be electrified. However, during 2011-12, 211 additional habitations have been under RGGVY programme.
Provision of safe drinking water as per required scale is another important sector. The funds under normal plan NRDWP, TSP & BADP are provided to cater the need of potable drinking water of the people. More than 83 % population has been covered under this scheme. Presently 121 water supply schemes are functioning in the district. During 2011-12 Rs. 1117.95 lacs have been incurred by the department Under NRDWP to augment the existing schemes.
Education plays vital role in the social and economic upliftment of the society. During the year 2011-12 there were three degree colleges, 24 Higher Secondary Schools, 46 High Schools, 204 Middle Schools 508 primary schools and 145 private schools functioning in the district. Apart from this 231 education centers were also opened by the department in Dhoks and Mergs. The enrollment during the year was 1.18 lacs. Free text books were provided to 11450 students. Mid-day meal was served to 73768 students. The scholarship was provided to 28300 G&B students and 45586 Pahari speaking students. The Dropout rate was reduced 21% as compared to the previous year.
To provide health coverage in rural areas is another challenge for the admiration. It is fact that are 172 health institutions in the district but still there is a need of strengthening and equipping of these institutions.Under NRHM mission 646.71 lacs have been incurred for engagement of 374 ASHAS, RCH Camps and prevision of MBBS Doctors and medicines to institutions located in the Rural Areas. We can easily say that 2011-12 has proved as an era of development, friendship and peace for the people of Poonch District.The Administration has not only concentrated towards the developmental scenario but also ensured the congenial and peaceful atmosphere with the cooperation of peace living people. In this mannerPoonch is on a journey of peace and progress which is leading towards a prosperous future.
SC resolutions have lost validity
K.N. Pandita
Slavishly succumbing to dictation from their mentors across the border, Kashmir separatists-secessionists have been brandishing Security Council Resolutions of 1948 and 1949, less as an instrument for solving Kashmir issue but more as antics to tell the world of India’s defiance of the United Nations. This has become their habit. Does a fluid resolution, passed by the Security Council sixty-four years ago, still enjoy validity, especially in the light of wide and deep changes in international relations ever since the day. In our opinion these resolutions are redundant; they are neither valid, nor legal nor sanctimonious. Let us debate the proposition.
New Delhi telegraphed a complaint to the President of Security Council (SC/628) on January 1, 1948 under Article 35 of the UN Charter which inter alia says, “Any member may bring any situation whose continuance is likely to endanger the maintenance of international peace and security to the attention of the Security Council.” India asserted,” Such a situation now exists between India and Pakistan owing to the aid which invaders are drawing from Pakistan for operations against J&K, a State which has acceded to the Dominion of India and is part of India.”
Explaining the broad details of aggression and circumstances of State’s accession, the Government of India requested the SC in Para 13 of her application (a) to prevent Pakistan Government personnel, military and civil from participating or assisting in the invasion of J&K State, (b) to call upon other Pakistani nationals to desist from taking any part in the fighting in J&K State, and (c) to deny to the invades access to any use of its territory for operations against Kashmir, military and their supplies and all other kinds of aid that might tend to prolong the present struggle.
But in total disregard of the stipulations of Article 35 of the UN Charter, and the precise nature of the complaint, the SC, in a bid to politicize the issue, treated the aggressor at par with the aggressed. It was blatant violation of the UN Charter by none other than it most potent organ, namely the Security Council.
This was the technical flaw in the SC’s Resolutions of 1948 and 1949 to which the then UN Secretary General, Kofi Annan referred to during his official visit to Pakistan. He publicly said that these resolutions were un-implementable owing to their technical flaw. Kofi Annan’s comment was carried by the reputed Pakistani newspaper Dawn on the next day. In fact it was late Abdul Ghani Lone of Kashmir, then on a visit to Pakistan, who had commented on Kofi Annan’s statement as a debacle of Kashmir struggle.
In order to avoid any possible suggestion that India had utilized the State’s immediate peril for her own political advantage, the Government of India in its application to the Security Council cited above made it clear that “once the soil of the State had been cleared of the invader and normal conditions restored, its people would be free to decide their future by the recognized democratic methods of plebiscite or referendum which, in order to ensure complete impartiality, might be held under international auspices.”
This was the first time when terms like “plebiscite” and “referendum under international auspices” were heard in the context of Kashmir issue. Kashmiri separatists and their handlers across the border are never tired of quoting Nehru but carefully avoiding the conditional part of his statement. They jump at plebiscite but skip the condition. Before going to SC on January 1, 1948, Prime Minister Nehru had on 22 December 1947 handed over personally to the Prime Minister of Pakistan a letter detailing various forms of aid given by Pakistan to the invaders and implored the Government of Pakistan to put an end to such aid promptly. Four days later, on 26 December, Nehru sent a telegraphic reminder Pakistan did not reply.
Two clauses of the SC Resolution of 1949 have to be mentioned specifically. First it stipulated that present position would not be altered and second that Pakistan would withdraw all troops and fighting personnel from the part of the State under its control. The rest of the recommendations would follow.
Pakistan never withdrew troops from illegally occupied parts. It particularly replaced the tribesmen them with her regulars. This was blatant violation of both stipulations, namely maintaining status quo and vacating the aggression. Pakistan violated the resolution and acted in reverse direction thus nullifying the Resolutions in question. Therefore it is in fitness of things to consider these resolutions as invalid and dead.
Secondly, in 1953, Pakistan detached the Northern Areas from the illegally occupied part of the J&K State. This was in brazen violation of the stipulations of the Security Council Resolutions under reference. It was an arbitrary and a clandestine act of getting a treaty signed by two Azad Kashmir political leaders under duress in Karachi. None of them belonged to the Northern Areas and none had the mandate of representing them. This was to throw the UN Resolutions to wind. Kashmiri separatist leaders should ask the nationalists of Gilgit and Baltistan how they have been treated ever since Northern Areas were separated from the J&K State and integrated in to Pakistan. In a historic decision the High Court of Azad Jammu and Kashmir has declared Northern Areas as part of the Jammu and Kashmir State of Dogra rulers.
Many more steps taken by Pakistan in course of time eroded ad finally invalidated the Security Council Resolutions. Pakistan first joined Baghdad Pact and then CENTO and SEATO, all military pacts with strategic concerns for India. The U-2, a spying aircraft of the US took off from Peshawar base and was shot down by the Soviet fighters over the Soviet territory over which it was spying. Pakistan had given land and naval bases to the US and her allies.
India notified the Security Council that since Pakistan had entered into military pacts, the strategic situation and balance of power had changed in the region. As such, Resolutions of 1948 and 1949 on Kashmir, a strategic region, were un-implementable. From Indian point of view there was another strong reason that invalidated the resolutions under discussion.
Joseph Korbel, once Czechoslovakia’s Ambassador to India, was nominated by the Government of India as its recommended member of United Nations Commission for India and Pakistan (UNCIP). While being an acting member of the Commission, this person defected to the US and severed his connections with his country. India demanded that he be discarded as India’s nominated member. The SC did not agree. Therefore any Resolution of the SC based on the recommendations of the UNCIP of which Korbel continued to be a member against the wishes of one of the disputing party are invalid. It may be added as a footnote that Madeline Albright, the US Secretary of Sate under President Bush the elder happens to be the daughter of Joseph Korbel.
The SC, under Article 34 (not 35) of the Charter adopted Resolution 38 and 39 wherein UNCIP was constituted with the terms of reference as (1) to investigate the facts giving rise to exercise mediatory influence and to report on the progress of executing the advice. But before the UNCIP reached the region to take up the mandate, the SC passed Resolution 47 in April 1948 which remains SC outlined structure for a recommended permanent solution, namely demilitarization and plebiscite.
By not waiting for the ground study and factual report of the UNCIP, a body constituted by the SC, and superseding its earlier decision, the SC took a quick step that undid its own decision. This is precisely one of the technical flaws which Kofi Annan had pointed out.
The Resolutions under discussion have become obsolete and toothless in view of the commitment which India had made to the people of Jammu and Kashmir and fulfilled by holding five/six-yearly fair and free elections to the State Legislative Assembly. India could not delay empowering people of the state with their democratic, civil and political rights.
The entanglement of demilitarization and plebiscite thus remained unresolved. Since no return to normalcy had occurred by 1951, India constitutionally integrated into the Indian Union the portion of Kashmir that it held relying on the idea that it had the legality of the Instrument of Accession’s text on its side. By 1965, largely because of the political realities of the Cold War and likely because of the repeated failure to demilitarize Kashmir, the Security Council disengaged from its mediatory effort by conspicuously not assuming its previous mediatory role. Thus it let the Resolutions of 1948 and 1949 on Kashmir die their natural death.