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| The Maharaja had no where talked of any dispute regarding accession of J&K | | Was it the brain Child of Nehru’s dear Mountbatten | | By *Daya Sagar | 10/24/2009 10:54:33 PM |
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Instrument Accession that Maharaja Hari Singh of Jammu & Kashmir signed on 26 October 1947 was accepted by Governor General of India , Lord Mountbatten of Burma, on 27th October 1947.Very vital questions remain still unanswered as regards the manner in which Government of India disposed of the Instrument of Accession as was sent by Maharaja Hari Singh. The instrument of accession signed by Maharaja of J&K was handed over to Mr. V. P. Menon. who carried it to New Delhi. Along with The Instrument of Accession Maharaja Hari Singh had also sent a letter dated 26 October 1947 in which the circumstances as prevailed with in the Princely State if J&K as well as on the borders adjoining Pakistan were explained.. Maharaja had also described the reasons for delay beyond 14 August in deciding in the matter of Accession. The instrument of accession as was accepted by Lord Mountbatten Governor General of India signed the Instrument of Accession for acceptance of India Dominion. on 27 October 1947.
The instrument of accession was also acknowledged by Governor General of India Lord Mountbatten vide his letter dated 27 Oct 1947. It is this letter from India Dominion that has also over the years provided working grounds to organizations like separatist organizations like Jammu & Kashmir Liberation Front. The said letter has been used by anti India elements to term the accession as conditional. Rather some say that Government of India had not totally accepted the Accession. And if so, has any where in the past New Delhi been questioned for a condition acceptance ? Is a question still unanswered.
The Maharaja said :
Maharaja Hari Singh in his letter had explained the reasons for delay in offering to accede to either Dominion . In his letter to Lord MountBatten ,Hari Singh said, “ I have to inform your Excellency that a grave emergency has arisen in my State and request the immediate assistance of your Government. As your Excellency is aware , the State of Jammu & Kashmir has not acceded to either of the Dominion of India or Pakistan.” …….The Maharaja further said, “ I wanted to take time to decide to which Dominion I should accede or whether it is not in the best interests of both the dominions and of State to stand Independent, ofcourse with friendly and cordial relations with both……”
While commenting on the conditions and circumstances as they prevailed in the State after 15-08-1947 the maharaja had said’ “ The mass infiltration of tribesmen drawn from distant areas of North West Frontier Province, coming regularly in motor trucks, using the Mansehra-Muzaffarabad road and fully armed with up-to-date weapons, cannot possibly be done without the knowledge of the Provincial Government of North West Frontier Province and the Government of Pakistan……… Inspite of repeated appeals made by my Government no attempt has been made to check these raiders or to stop them from coming into my State. ”……
The Maharaja had complemented people of his State and had said, “ The people of my State, both Muslims and non Muslims , in general have taken no part at all…….With the conditions obtaining at present in my State …….., I have no option but to ask for help from India Dominion……. Naturally they can not send the help asked for by me without my State acceding to the Dominion of India. I have accordingly decided to do so and I attach the Instrument of Accession for acceptance by your Government.”
The terms of Instrument of Accession have been over looked by Mountbatten while writing separately a letter of almost a conditional acceptance to the Maharaja. A brief reference the contents of Instrument of accession is needed here. The instrument reads…….. “ I Sriman Indar Mahandar Rajrajeshwar Maharajadiraj Shri Hari Singhji, Jammu and Kashmir Naresh Tatha Tibbet adi Deshadhipati, Ruler of Jammu & Kashmir State in the exercise of my sovereignty in and over my said State do hereby execute this my Instrument of Accession and …….. I accept the matters specified in the schedule thereto as the matters with respect to which the Dominion Legislature can make laws for this State….. The terms of this my Instrument of Accession shall not be varied by any amendment of the Act or of the Indian Independence Act ,1947 , unless such amendment is accepted by me , an Instrument supplementary to this Instrument. . And Lord Mounbatten of Burma, signed the acceptance on 27 October 1947 as ……… “ I do hereby accept this Instrument of Accession dated this 27th day of October , nineteen hundred and forty seven”.
The Maharaja had no where talked of any dispute regarding accession of J&K. More so the accession of a princely State had to be executed in reference to Government of India Act 1935 and Indian Independence act 1947. But the wisdom of Lord Montbatten the Governor General of India had adjudged the issue of Accession of J&K as a Dispute. Mountbatten was also a close family associate of Pt Jawahar Lal Nehru , the Prime Minister of India . Mountbatten in his letter to Maharahja dated 27 -10-1947 said,“…… In the circumstances mentioned by your Highness, my Government have decided to accept the accession of Kashmir State to the Dominion of India. In consistent with their policy that in the case of any State where the issue of accession has been the subject of dispute, the question of accession should be decided in accordance with the wishes of the people of the State, it is my Government’s wish that , as soon as the law and order have been restored in Kashmir and its soil cleared of the invader, the question of State’s accession should be settled by a reference to the people…….”.
It is a point here . It is worth taking a note by all those who concerned about the distress and confusion tha people of J&K have suffered from for last 6 decades. The of Mountbatten calling accession of J&K as an issue of Dispute is dated 27 -10-1947 and by then neither the Maharaja nor Government of India had gone to UN Security Council . India had made a complaint against Pakistan in Security Council on 1-1-1948. And so strangely Government of India conditionally accepted the instrument of Accession dated 26-10-1947 as signed by Hari Singh . Where Hari Singh had no where talked of a dispute and had acceded un conditionally. The terms of instrument of accession were the same as were signed by other Princely States. And above all it was the Prince of a ex Princely state of Greater India of British Empire who had the right to take decision on accession or staying independent.
Government of India laid down the condition of final settlement of the Accession by reference to the people and classified J&K State as a State where the issue of Accession was a dispute. In the circumstances as explained by e.. Then why this condition and what was the basis has so far remained a question.
Maharaja Hari Singh after thoughtful consideration and apparently prolonged deliberations with his nears, dears, advisors and men of confidence had taken decision to accede with Dominion of India . He had sent the Instrument of accession to India including the reasons for delay and circumstances in hand with him. Where as government pf India had no logical reason or any special / social authority or any provision of Law or any valid justification for not accepting the Accession or to accept it conditionally. Heirs of Nehru. Could well be questioned even now. Mountbatten could not on his own lay down such condition.. Sardar Vallbh Bhai Patel, the Prime Minister, was against it.. Then whose choice or will had prevailed?
Even if it is assumed that Government of India ( after Independence) still wanted to act as per her own wishes inspite of there being no provision/ directions like this in Indian Independence Act 1947, why did GOI wish like this and accepted the Accession Conditionally ?
Those who advocate negation of Instrument of accession or / and ask for ascertaining the choice of People of Jammu & Kashmir under the supervision of some independent agency quote the condtion laid down in the letter of Mountbatten ( GGOI) . The contest that the said letter is part Instrument of Accession .since as per their argument it was part of accession documents. In this regard it has to be also kept in mind that as per the terms and conditions laid down in the Instrument of Accession signed by Maharaja any amendment to the terms of Instrument had to have the consent of the Maharaja .Where as Maharaja could make offer of a conditional Accession but he did not . Hence technically the Accession of J&K with Indian Dominion has been surely there and those asking for right of self determination in the context of political and national status of J&K have to first call for secession of J&K from Union of India Issue of Accession if still pending could be only on technical grounds.
But it is hard reality that the secessionists have been able to sow seeds of distrust against the 1947 Accession of J&K with India even without having any technical reasons for nullifying Accession. And the greatest tool with secessionist to make world community listen to them has been the letter of 27th October 1947 in which Nehru’s friend Mountbatten named the Accession of J&K as an issue of Dispute. People of J&K have paid the price of the mistakes of New Delhi in the shape of loss of communal harmony, mutual trust, disturbed conditions, loss of blood and property of innocent subjects right from 1947. Let there be no political gamesmanship now. People of J&K need shed all regionalism and force the leadership to take rational decisions regarding J&K affairs atleast now. Indian politicians should not be allowed to cement the bricks of their Delhi thrones with gimmicks over so called Kashmir affair.
(*Daya Sagar is a social activist and Sr Coloumnist on Kashmir affairs [email protected])
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