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All these years dispute has been allowed to take shape out of no dispute | A Look through the mist | Daya Sagar | 5/7/2012 11:39:25 PM |
| Why did India go to United Nations Security Council with complaint against Pakistan on 1-1-1948 without clearing the areas held by invaders ?. What was the hurry in informing UN that India is committed to ask the will of the people of J&K on accession? Why did India go to United Nations without discussing the complaint with Maharaja Hari Singh? Are the questions to which many be looking for some answer. Relations between Maharaja Hari Singh and Sheikh Mohd Abdullah did not remain normal . It was so more particularly after Abdullah gave Quit Kashmir slogan in 1946 .Jawahar Lal Nehru did not question Abdullah for such a call . So, the relations of Maharaja with Jawahar Lal too were not that soft. The way GOI handled the Instrument of accession signed and sent by Maharaja Hari Singh made the things more sore after 26th October 1947 accession of J&K with India.. A look into the events and environment that prevailed in those days would reveal that Maharaja Hari Singh was not allowed to work to his choice even after accession as regards local issues. Delhi allowed the will / suggestions of Sheikh Abdullah , an appointee of Hari Singh, prevail over the decisions of the Head of the State. Pressures from Government of India did Make Hari Singh accede to wills of Sheikh and made Maharaja´s Prime Minister ( Dewan) Mehar Chand Mahajan nearly defunct after accession. Rather Hari Singh was forced to appoint Abdullah as Prime Minister. And the like are the instances that too suggest that Delhi leaders have right from the beginning attended more to the likes and dislikes of some preferred " dears" FROM KASHMIR Valley than they cared for the interests of the people of J&K and that of India Dominion. Sheikh Abdullah had not set aside ( in his hearts) the Quit Kashmir campaign against Maharaja Hari Singh. So, for Maharaja the conditions were bad on Indian borders with Pakistan as well as with in the State . UN Security Council passed a resolution on 17-1-1948 requesting both India and Pakistan to desist from aggravating the situation in J&K. Security Council appointed a three member UN Commission on India and Pakistan ( UNCIP) on 20-01-1948 to settle "Kashmir" issue. UN Security Council asked India and Pakistan on 21-04-1948 to with draw troops from J&K. It was on 13-08-1948 that UN Commission for India & Pakistan presented a proposal for cease fire in Kashmir to India and Pakistan. Pakistan was being treated almost on equal footing with India by UN, which was surely wrong. At that time America and Britain had reasonable influence in UNO and both powers would not relish a stable India Dominion. Sir Dixon presented a report on 27-10-1950 to UN Security Council saying there were no immediate prospects of India and Pakistan settling their differences on Kashmir. Security Council again took up Kashmir issue on 28-02-1951 and it was on 1-05-1951 that Dr. Frank Grahm was appointed as UN mediator between India and Pakistan. On 19-12-1951 Dr. frank Garhm submitted a report to UN. Jawahar Lal Nehru visited Karachi for talks on 25-07-1951. There was no change in the mindset of Pakistan. But for India internally issues were becoming more complicated and the Kashmir Valley centric elements started throwing dictation at new Delhi. Hari Singh had left Jammu and Karan Singh was too young to handle the local agitators at his own level. The local people were in deep distress and in confusions. Those displaced from Pakistan occupied areas were living in illusion ( they were helplessly Waiting for the exit of invaders from POJK as was being promised by GOI ). Such like ground conditions became the reason for incorporation of a temporary provision as Article 370 in India Constitution and delay in finalization of the local State constitution . In case we go by the text of Article 370 the intentions that emerge are (i) the provision was temporary (ii) the constituent Assembly of J&K ( as referred in article 370) was not to frame constitution ( separate) but it was to suggest / decide on the matters to be incorporated in Indian Constitution as regards the matters of concurrent, State and Union Lists other than defence ,communication, foreign affairs and allied affairs. There is no direct reference of any Constitution of J&K in the Indian Constitution. In early 1953 responses of Sheikh Abdullah even towards the directions of Jawahar Lal Nehru / GOI became indifferent .Ghulam Mohd Sadiq was then the President of J&K Constituent Assembly. Bakshi Ghulam Mohd was Deputy Prime Minister and Yuvraj Karan Singh , the Regent, had been named/ appointed as the Sadar e Riyasat of J&K State by the Constituent Assembly. It was also during that time that Dr. Grahm reported ( 31-03-1953) to UN favour of the Geneva talks on Kashmir. Government of India felt that there was non cooperation from the side of J&K Prime Minister. Shekh had been even accused by his own cabinet colleagues for not being serious for even incorporating the contents of "HIS" own Delhi Agreement 1952. Economic affairs of J&K were hence not stable. Result was that Sheikh Abdullah was dismissed by Sadar e Riyasat Karan Singh and was arrested on 09-08-1953. Bakshi Ghulam Mohd was asked by Sadar e Riyasat Yuv Raj Karan Singh to take over as the Prime Minister. The Constituent Assembly of J&K also endorsed on 06-02-1954 the 26th Oct 1947 Accession of J&K with India. The Constituent Assembly of J&K had in its suggested terms to do a reasoned conclusion on the Accession of State . This was inview of the mandate that was given in October 1950 by General Council of Sheikh Abdullah´s National Conference to the party leadership. Then Article 370 of Constitution of India was still in place, issue of framing J&K Constitution had not been yet closed.. So , it was for this reason that recommendations were incorporated in the Indian Constitution through Presidential economic Development and planning Order issued on 14-05-1954 to enable J&K Government secure financial assistance from central government. On 13-05-1955 Pak PM Mohd Ali and Interior Minister Iskandar Mirza visited New Delhi. The talks that were for peaceful coexistence were named as neither failure nor success by Mohd Ali on his reaching Karachi. J&K Constituent Assembly on 30-10-1956 passed the part of Constitution defining J&K as integral part of Indian Union and the Constitution too came in force on 26-01-1957. But some international community still kept siding with Pakistan and did not name Pakistan as aggressor. Pakistan even rejected Jarrings proposal of 17-11-1957 for referring Kashmir question to International Court of justice before India could offer any response. It was in September 1960 that Nehru, Ayub Khan and the Vice president of World Bank jointly signed the Indus Water Treaty. China too entered the scene and looked for an "ally" in Pakistan. Chinese troops opened heavy fire on Indian troops near DHOLA in NEFA on 20th Oct 1962 and India lost TAWANG on 25th October. Borders were also violated in Ladakh region. Indo Pak talks including Kashmir were going on at ministerial level in Karachi on 27-12-1962 and simultaneously Pakistan signed a boundary agreement with China on 28th -12-1962. Political instability in J&K continued, Ghulam Mohd Sadiq took over in Feb 1964 as Prime Minister from Shamas u Din who had taken over a few months earlier from Bakshi. On 20-03-1964 UN SC again resumed debate on Kashmir ( J&K). Abdullah was released from jail on 08-04-1964 and was allowed to go Pakistan on 24-05-1964. He met Ayub Khan in Rawalpindi. What transpired there was not known. On 09-06-1964 Lal Bahadur Shastri was sworn in as PM of India. It was not all calm. Bakshi Ghulam Mohd was arrested on 22-09-1964 in Srinagar by J&K Government . Shastri also met Ayub in Karachi. And it was in May 1965 that Sheikh Abdulla and Mirza Afzal baig were again detained in Ooty under defence of India rules. Pakistan attacked Chamb Sector on 01-09-1965. The 1947 attack by Pakistan had lost significance for international community and UN SC adopted council adopted another cease fire resolution on 20-09-1965 ( cease fire from 03:30 IST). Lal Bahadur Shastri and Ayub Khan met in Tashkant ( 4 to10 January 1966) and signed a declaration on 11-01-1966. Lal Bahdur Shastri died in mysterious circumstances same night. The role of UN in reference to 1st Jan 1948 Indian Complaint against Pakistan has lost significance since more new chapters have been written after that including India Bhutto Shimla Agreement. India has not been able to convince the world community that India had gone to UN with a complaint against Pakistan and not for any mediation by third party . Faces have much changed after 1965, 1971, and 1999 Indo Pak wars. Still India has not been able to send clear signals to Pakistan that no territorial negotiations on Kashmir (J&K) can be accommodated in the any agenda for Indo Pak Talks. Where as, politically so instable Pakistan still calls Kashmir a core issue for any Indo Pak talks to succeed. So, all these years a dispute has been allowed to take shape out of no " dispute" due to non seriousness at the level of Delhi. Not only this, even it appears that India government has forgotten the return of those who were made to flee POJK in 1947 /48. Where will now people of Mirpur would trace parts of Mirpur resting the lap of Mangla Dam? So, has been the fate of the 1989 Valley migrants too. *( Daya Sagar is social activist and leading scribe on Kashmir affairs [email protected] 09419796096) |
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