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| Interlocutors must have known by this time that Kashmir Valley forms a small SEGMENT In 1953 Cabinet Colleagues of Sheikh had accused him of non implementation of 1952 Delhi Accord | | A Look through the Mist New Delhi must come out with clear definitions atleast now :: . No rhetoric’s please | | Daya Sagar | 10/8/2011 10:08:17 PM |
| The Instrument of Accession signed by Maharaja was sent under cover of a letter explaining circumstances as prevailed & reasons for delay beyond 14th August 1947. But this letter of Hari Singh has not been truthfully quoted by the anti India elements. Acceptance of Instrument of Accession by Mountbatten too was covered by a letter addressed to Maharaja .The letter of Mountbatten has been used to question totalness of accession by the some writers / supporters of those who question Accession.
Indian Independence Act 1947 of Parliament of UK provided an Indian ( Princely) State may accede to Dominion of India by an Instrument of Accession executed by the Ruler thereof. Accordingly the Instrument of Accession as signed by Maharaja Hari Singh of the Princely State of J&K read ::: “ Now therefore, I, …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 ……. 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 , by an Instrument supplementary to this Instrument………” . . And Lord Mounbatten , the then Governor General of India 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”. So, technically the accession was complete and irrevocable.
But the manner in which the then Government of India treated the Instrument of accession of Maharaja Hari Singh had provided working tools to those who question the integration of J&K into India republic. The manner in which the Instrument Accession was accepted by Governor General of India , Lord Mountbatten on 27th October 1947 reveal that very vital questions remain still unanswered .The questions should have instead agitated the reasoning minds worth yielding widely acceptable logics to undo the confusions. But instead over the years in the innocent minds , those from Kashmir Valley in particular, have been pushed into more doubts and misconceptions.
Maharaja as per the Indian Independence Act1947 and Government of India Act 1935 was the only authority to take a decision regarding his Princely State of British Empire. .Only Maharaja could make any observations on the circumstances as prevailed around him .Maharaja in his letter said, “ I have to inform your Excellency that a grave emergency has arisen in my State and request for the immediate assistance of your Government”….. 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…..” “…The mass infiltration of tribesmen drawn from distant areas of North West Frontier Province, coming regularly in motor trucks, using the Mansehra—Muzaffarabad road & 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.” “ Pakistan radio even put the story that a provisional government has been set up in Kashmir”.
And regarding his ( J&K) people the Maharaja said, “ The people of my State, both Muslims and non Muslims , general have taken no part at all…….With the conditions obtaining at present in my State and the great emergency of the situation as it exists, I have no option but to ask for help from India Dominion…….. I have accordingly decided to do so and I attach the Instrument of Accession for acceptance by your Government.” So, the action of the Maharaja was the result of very thoughtful and logical evaluation of the conditions that prevailed with the Prince of J&K.
The letter written by Lord Mountbatten to Maharaja after accepting the Instrument of accession left some questions unanswered. Even Jawahar Lal Nehru’s then Cabinet could be questioned .. Lord Montbatten said,“Your Highness’s letter dated 26 Oct 1947 has been delivered to me by Mr. V.P.Menon. 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….. My Government and I note with satisfaction that Your Highness has decided to invite Sheikh Abdullah to from an interim Government to work with your Prime Minister.”
The “ dispute “ regarding Accession referred in the letter of Mounbatten have no where been endorsed on record by Maharaja Hari Singh. But since New Delhi and political leadership of India has not wisely attended to the complications the letter created, letter that was not part of Instrument of Accession has been projected as part of instrument by some people. The anti elements have been able to base their logics on this letter.
As per Indian Independence Act 1947 the crown prince was the only authority for deciding the accession with either dominion or otherwise. The Delhi Agreement 1952 arrived at between Jawahar Lal Nehru and Sheikh Abdullah had no reference any where of the Maharaja of J&K as well as Regent of J&K/ Yuvraj. The 8th August 1953 memorandum submitted by the Cabinet Colleagues of Sheikh Mohd Abdullah had accused Sheikh Mohd Abdullah for his not being serious even about the implementation of 1952 Delhi Agreement of which Sheikh himself was the architect. The manner in which Jawahar Lal Nehru favoured / depended upon Sheikh Mohd Abdullah had created difficulties for Jawahar Lal Nehru himself.
The letter from Mountbatten dated 27 -10-1947 makes a reference of some dispute. Maharaja of Jammu & Kashmir who was the sole designated authority to assess the circumstances and requirements of his Princely State had no where given any indication that there was an accountable objection to accession with India from his people as could over ride his Right for decision making as a Prince of State. Then, why this condition ?
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 even before that Government of India (i) laid down the condition of final settlement of the Accession by reference to the people and (ii) classified J&K as a State where the issue of Accession was dispute .Where as explained by Maharaja in his letter there was no reference of any resistance from the people of his State . UN SC could not get the J&K areas vacated from Pakistan even after 6 years of complaint. Although as per the Indian independence act 1947 and instrument of accession as signed by Maharaja Hari Singh there was no such need , still in case of J&K it was also endorsed ( 6th Feb 1954 ) by the elected Constituent Assembly of J&K. This was enough to even undo the condition of reference to people that was mentioned by Lord Mountbatten ( though it was outside the scope of Instrument of accession as was executed by Maharaja Hari Singh ). Even such messages / fact have not been effectively carried to the world community by those who ruled India after 1947.
It has not been all over here. Sheikh Mohd Abdullah was recalled by Indira Gandhi in 1975 to head a Congress lead Government in J&K. Even after that opportunities were still created to allow raising of questions on the trueness of 1947 Accession and the intentions of New Delhi. Approach though not that serious still, remained Kashmir Valley centric only. The study groups like the PM’s Working Group ( 2006 ) Headed by Saghir Ahmed did no good and instead created more confusions and doubts by submitting a report in December 2009 as regards Article 370, State Autonomy Committee report , PDP Self Rule .
And now the Interlocutors 2010 as retained on J&K by UPA II Government are likely to submit some report in this October including the issues mentioned above.. It is hoped that the interlocutors must have known over last one year that Kashmir Valley opinion is not the only opinion in J&K, rather Kashmir Valley forms a small SEGMENT. Incase the Interlocutors report too addresses the issues like Saghir Ahmed did , it would prove to be another action adding to doubts.
Anyhow the Autonomy Demand and SELF RULE drafts are not going to silence Pakistan as well as separatists. New Delhi must clear the minutest possible doubts in the minds of common man of J&K. Delhi must come out with clear definitions atleast now . No rhetoric’s please (*Daya Sagar : social activist and Sr. Coloumnist on Kashmir affairs,[email protected] 09419796096)
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