Truth About Accession of J&K State to India

November 4, 2015

Dear Friends,

 

Subject: Truth About Accession of J&K State to India

 

It so happened some of us attended a discussion on October 26, marking “Kashmir’s Accession Day” that falls on October 26. The next day we received the attached mail on: “Truth About Accession of Jammu and Kashmir To India”!

Many of you may recall we have had occasions to send out a number of circulatory mails on various issues concerning Kashmir. The last such mail sent was on August 13, 2015, on “Jammu And Kashmir Is Not Sovereign”. The thrust of that mail lay in:

 

Quote (.)

 

· Indian states, and the princely states became sovereigns competent to accede to either India or Pakistan, the Maharaja of Kashmir opted for India. Clearly, therefore, the legal sanctity and the terms of accession were the same in case of all the states, including in cases of accession to Pakistan.

· The above legal statute and the status emanating there from thus made the state of J&K legally and irrevocably a part of the territory of India, thereby nullifying any claims to the use of the words “sovereign” or “sovereignty” as far as some elements of the state of J&K are concerned.

· it is inexplicable that a sovereign nation would allow a constituent part to assume quasi-separate status. This deserves an explanation.”

Unquote (.)

 

The two Kashmiri scholars, who have fathered the current paper, referred to in the title of the mail, have themselves marked some portions of the mail. We are reproducing some parts from it:

 

· The Princely States of India, including Jammu & Kashmir State, were on the agenda of partition of India in 1947, is a travesty of history and a part of diplomatic offensive.

· Today, the whole nation is confronted with a situation which threatens to disrupt the unity of the country and endanger its territorial integrity. The people of India need to stand up as one man to expose the perfidy which has virtually pushed the State of Jammu and Kashmir to the brink of disaster. Nearly half of the State is under the occupation of Pakistan.

· The Instrument of Accession drawn up by the Indian Section laid down two sets of terms and procedures, one for the larger princely States and the other for the smaller princely States. It is important to note here that the States were provided no option, except to accede to India on the terms and conditions laid down by Indian Section, or to accede to Pakistan on the terms and conditions laid down by the Pakistan Section of the Indian States Department. All the larger princely States which acceded to India, including Jammu and Kashmir, signed the same standard form of the Instrument of Accession and accepted the terms it enshrined. The Instrument of Accession enshrined acceptance by the rulers of princely States to unite their domains with the Dominion of India on terms and conditions and in accordance with the procedure laid down by it.

· Pakistan had no special claim to Jammu and Kashmir on the basis of the Muslim majority composition of its population. As already mentioned, the Muslim League strongly opposed any suggestion to recognize the right of the people of the princely States to determine the future of the States. It was only when Pakistan failed to grab Jammu and Kashmir after it invaded the State in October 1947, and the Indian military action frustrated its designs to swallow Hyderabad and Junagarh, both States located deep inside India, that Pakistan raised the bogey of self-determination of the Muslims of the State of Jammu and Kashmir on the basis of their numerical majority.

· Interestingly, the National Conference leadership kept the decisions of the Working Committee to support the accession of the state to India a closely guarded secret. Within a few days after the Working Committee meeting, the National Conference leaders sent secret emissaries to Mohammad Ali Jinnah and other Muslim League leaders. While Sheikh Mohammad Abdullah held talks with a number of Muslim League leaders of the Punjab, who had come to Srinagar after his release, he sent two senior most leaders of the National Conference, Bakshi Ghulam Mohammad and Ghulam Mohammad Sadiq, to Pakistan to open talks with Muslim League leaders. Jinnah spurned the offer of reconciliation the National Conference leaders made and refused to meet the emissaries. Sadiq was still in Pakistan when Pakistan invaded the State during the early hours of 22 October 1947.

· Hari Singh upturned the whole game-plan of Pakistan. While the invading army spread across the State, Hari Singh sent his Prime Minister, Mehar Chand Mahajan to Delhi to seek help to save his State from the invasion and offered accession of the State with India. Sheikh Mohammad Abdullah had already reached Delhi. He made no secret of the danger the State faced and asked Nehru to lose no time in accepting the accession and ensuring the speedy dispatch of Indian troops to the State. The instrument of Accession was taken to Jammu by V.P. Menon, where it was signed by the Maharaja. Menon then rushed back to Delhi and got the Instrument accepted by Mountbatten.

· It is important to note that Mountbatten could not refuse to accept the Accession of Jammu and Kashmir to India, or indeed, of any other princely state.

· The Instrument of Accession was a political instrument and the accession of Jammu and Kashmir was a political act, which had international implications as it formed a part of the process of the creation of the State of India. As such, the Instrument of Accession executed by Maharaja Hari Singh was irreversible and irreducible, irrespective of the circumstances and events in which it was accomplished.

· Finally, the princely states were not required to execute any Instrument of Merger. The claim made in some quarters in Jammu and Kashmir that the State had not signed the Instrument of Merger, which such quarters insist, saved Jammu and Kashmir from being integrated in to the constitutional organization of India, is a travesty of history. The State Department of India laid down a procedure for the integration of smaller princely States into administratively more viable Unions of States. To complete the procedure of this integration, the State Department drew up an Instrument of Attachment, erroneously described as an Instrument of Merger. The major Indian States, including Jammu and Kashmir, were not required to sign the Instrument of Attachment. Moreover, the Instrument of Accession had no bearing on the integration of the States into the Indian Constitutional organization.

Dr. M.K.Teng (Co-Chairman) C. L, Gadoo (Co-Chairman)

JOINT HUMAN RIGHTS COMMITTEE

71, Sunder Block, SHAKARPUR, DELHI–110092, Mob.9891297912

 

So, friends, the accession of J&K to India is absolute legally, as explained in this paper, as also our circulatory mail of August 13, 2015. It had then been also pointed out legally that J&K was not and is not sovereign, excepting for 72 days from October 26, 1947 to November 27, 1947.

So, let us learn & remember this so as to prevent, and when necessary, to protest against, any falsehood on the issue, including wrong nations created over Art. 370.

 

Vandemataram,

Your sevak,

D.C. Nath

(Former Spl. Director, IB)

(President, Patriots’ Forum)

November 4, 2015

Dear Friends,

 

Subject: Truth About Accession of J&K State to India

 

It so happened some of us attended a discussion on October 26, marking “Kashmir’s Accession Day” that falls on October 26. The next day we received the attached mail on: “Truth About Accession of Jammu and Kashmir To India“!

Many of you may recall we have had occasions to send out a number of circulatory mails on various issues concerning Kashmir. The last such mail sent was on August 13, 2015, on “Jammu And Kashmir Is Not Sovereign“. The thrust of that mail lay in:

 

Quote (.)

 

·       Indian states, and the princely states became sovereigns competent to accede to either India or Pakistan, the Maharaja of Kashmir opted for India. Clearly, therefore, the legal sanctity and the terms of accession were the same in case of all the states, including in cases of accession to Pakistan.

·       The above legal statute and the status emanating there from thus made the state of J&K legally and irrevocably a part of the territory of India, thereby nullifying any claims to the use of the words “sovereign” or “sovereignty” as far as some elements of the state of J&K are concerned.

·       it is inexplicable that a sovereign nation would allow a constituent part to assume quasi-separate status. This deserves an explanation.”

Unquote (.)

 

The two Kashmiri scholars, who have fathered the current paper, referred to in the title of the mail, have themselves marked some portions of the mail. We are reproducing some parts from it:

 

·       The Princely States of India, including Jammu & Kashmir State, were on the agenda of partition of India in 1947, is a travesty of history and a part of diplomatic offensive.

·       Today, the whole nation is confronted with a situation which threatens to disrupt the unity of the country and endanger its territorial integrity. The people of India need to stand up as one man to expose the perfidy which has virtually pushed the State of Jammu and Kashmir to the brink of disaster. Nearly half of the State is under the occupation of Pakistan.

·       The Instrument of Accession drawn up by the Indian Section laid down two sets of terms and procedures, one for the larger princely States and the other for the smaller princely States. It is important to note here that the States were provided no option, except to accede to India on the terms and conditions laid down by Indian Section, or to accede to Pakistan on the terms and conditions laid down by the Pakistan Section of the Indian States Department. All the larger princely States which acceded to India, including Jammu and Kashmir, signed the same standard form of the Instrument of Accession and accepted the terms it enshrined. The Instrument of Accession enshrined acceptance by the rulers of princely States to unite their domains with the Dominion of India on terms and conditions and in accordance with the procedure laid down by it.

·       Pakistan had no special claim to Jammu and Kashmir on the basis of the Muslim majority composition of its population. As already mentioned, the Muslim League strongly opposed any suggestion to recognize the right of the people of the princely States to determine the future of the States. It was only when Pakistan failed to grab Jammu and Kashmir after it invaded the State in October 1947, and the Indian military action frustrated its designs to swallow Hyderabad and Junagarh, both States located deep inside India, that Pakistan raised the bogey of self-determination of the Muslims of the State of Jammu and Kashmir on the basis of their numerical majority.

·       Interestingly, the National Conference leadership kept the decisions of the Working Committee to support the accession of the state to India a closely guarded secret. Within a few days after the Working Committee meeting, the National Conference leaders sent secret emissaries to Mohammad Ali Jinnah and other Muslim League leaders. While Sheikh Mohammad Abdullah held talks with a number of Muslim League leaders of the Punjab, who had come to Srinagar after his release, he sent two senior most leaders of the National Conference, Bakshi Ghulam Mohammad and Ghulam Mohammad Sadiq, to Pakistan to open talks with Muslim League leaders. Jinnah spurned the offer of reconciliation the National Conference leaders made and refused to meet the emissaries. Sadiq was still in Pakistan when Pakistan invaded the State during the early hours of 22 October 1947.

·       Hari Singh upturned the whole game-plan of Pakistan. While the invading army spread across the State, Hari Singh sent his Prime Minister, Mehar Chand Mahajan to Delhi to seek help to save his State from the invasion and offered accession of the State with India. Sheikh Mohammad Abdullah had already reached Delhi. He made no secret of the danger the State faced and asked Nehru to lose no time in accepting the accession and ensuring the speedy dispatch of Indian troops to the State. The instrument of Accession was taken to Jammu by V.P. Menon, where it was signed by the Maharaja. Menon then rushed back to Delhi and got the Instrument accepted by Mountbatten.

·       It is important to note that Mountbatten could not refuse to accept the Accession of Jammu and Kashmir to India, or indeed, of any other princely state.

·       The Instrument of Accession was a political instrument and the accession of Jammu and Kashmir was a political act, which had international implications as it formed a part of the process of the creation of the State of India. As such, the Instrument of Accession executed by Maharaja Hari Singh was irreversible and irreducible, irrespective of the circumstances and events in which it was accomplished.

·       Finally, the princely states were not required to execute any Instrument of Merger. The claim made in some quarters in Jammu and Kashmir that the State had not signed the Instrument of Merger, which such quarters insist, saved Jammu and Kashmir from being integrated in to the constitutional organization of India, is a travesty of history. The State Department of India laid down a procedure for the integration of smaller princely States into administratively more viable Unions of States. To complete the procedure of this integration, the State Department drew up an Instrument of Attachment, erroneously described as an Instrument of Merger. The major Indian States, including Jammu and Kashmir, were not required to sign the Instrument of Attachment. Moreover, the Instrument of Accession had no bearing on the integration of the States into the Indian Constitutional organization.

Dr. M.K.Teng (Co-Chairman)       C. L, Gadoo (Co-Chairman)

JOINT   HUMAN   RIGHTS    COMMITTEE

71, Sunder Block, SHAKARPUR, DELHI–110092, Mob.9891297912

 

So, friends, the accession of J&K to India is absolute legally, as explained in this paper, as also our circulatory mail of August 13, 2015. It had then been also pointed out legally that J&K was not and is not sovereign, excepting for 72 days from October 26, 1947 to November 27, 1947.

So, let us learn & remember this so as to prevent, and when necessary, to protest against, any falsehood on the issue, including wrong nations created over Art. 370.

 

       Vandemataram,

   Your sevak,

 

        D.C. Nath

    (Former Spl. Director, IB)

(President, Patriots’ Forum)

 

Source: Patriot Forum

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