Accession is legal and final

Maj Gen Goverdhan Singh Jamwal
It is well known fact that Pakistan was created by the British and Kashmir was to be part of it. In fact it can be said that Pakistan was created by the British to keep hold on the most strategic area of the world, Gilgit and Baltistan, which was part of J&K State to face the emerging threat from Communism particularly after the new giant China, joined Russia bordering this very strategic area. It is also a well known fact that the British conspiracy to annex Gilgit and Baltistan was part of the aggression plan which was to follow after capturing Kashmir. It is now a part of the history that the Invasion was planned and launched by Army Headquarters of Pakistan under the British General, Sir Frank Messervy who sent the Operational Order ‘Operation Gulmarg’ signed by him to attack J&K directly to his Brigade Commander Brig CP Murray, Commanding Bannu Frontier Brigade Group. This top secret letter was received and opened by Maj Onkar Singh Kalkat, Brigade Major of the Brigade on 20 Aug 1947. As he read the contents he immediately informed the Brigade Commander who was visiting Mirali outpost. The Brigade Commander advised him not to breathe a word about it to any body or else he would never be allowed to leave Pakistan alive. Yet he was put under house arrest by his British Commander.
However  he escaped with a copy of the order and reached India on 18 Oct 47 (refer Operations in Jammu & Kashmir 1947-48, Ministry of Defence, Govt of India Page16 -18). It proves that the invasion of J&K State had been planned well before the Independence Day, infact months before the transfer of power. These Operation Orders were delivered on 20th Aug because J&K had not acceded to either of the Dominions before 15 Aug 1947 and unfortunately Pandit Nehru had even refused to enter into a Stand Still Agreement which would have given him at least ears and eyes to watch the game being played by Great Brittain and Pakistan. He did not do so because Mountbatten had convinced him that J&K should go to Pakistan. In fact, Mountbatten had tried his best to pressurize Maharaja Hari Singh to accede to Pakistan as during his visit to Kashmir in June 1947 he had told Maharaja Hari Singh that he must make a decision before 15 Aug 1947 and India would not mind if he joined Pakistan. Knowing the mind of Mountbatten, Maharaja Hari Singh avoided official Meeting with the Viceroy on the last day feigning indisposition. This is how Maharaja Hari Singh avoided acceding to Pakistan as he wanted to accede to India because he treated his subjects as his family and thought that Hindus, Sikhs, Bodhs, even Christians would not be secure and safe in fundamentalist Pakistan. Even Shia Muslims, he thought would not be happy in Pakistan whereas India was the right place for all the flowers of different shades to bloom. But there was no one to talk to him as Nehru did not allow even Patel to handle Kashmir affairs and took upon himself to deal with the State and that is how he refused to accept even the Stand Still Agreement which, in fact, created J&K imbroglio. There is no reason for it, and it shows Nehru in very poor light. The Maharaja of the strategically most important State of the Sub Continent was offering a Stand Still Agreement and Nehru not accepting it. Obviously Nehru, the first Prime Minister of India did not have the sagacity and statesmanship to deal with such problems of Nation building and personalities and the Britishers had their way, all the way  with the result, not only India but even Pakistan is suffering because of the Kashmir imbroglio.
Our contention that the Pakistani invasion of Kashmir was pre planned not by Pakistan but by the British Generals and it was one of the best planned operations though not executed so well by Pakistan with the result they lost the valley which they had entered and even fought a battle of Shallntong at the outskirts of the city of Srinagar. They almost lost Kashmir when they were thrown back beyond Uri with Indian Army poised to capture Muzaffrabad by Autumn of 1948 when again British Generals who were directing the Indian Army, in fact both the Armies, came to the rescue of Pakistan by slowing down the pursuit towards Muzaffarabad. All this is now available in the books particularly in the book ‘J&K War 1947-48, Political and Military Perspective’ by Kuldeep Singh Bajwa. It is an authentic book based on facts which must be studied by all those who want to understand the real position and the part played by the British in the Kashmir imbroglio which continues till date and may not be solved in the foreseeable future.
It is interesting to read how Allen Campbell had tried to cover these facts in his Mission with Mountbatten, Chapter Ninteen ‘Kashmir Imbroglio’ Page 223. He writes “At Karachi we had no limit of the drama awaiting us in Delhi. We arrived at Palam, very tired, at one o’clock in the morning. Vernon was there to greet us with the news that since dawn Monday Indian troops have been marching, or rather flying, into Kashmir. I was just about to get into bed at a quarter to three when Pete Rees called me and said that Mountbatten wanted to brief me at once on the latest Kashmir developments. Events, Mountbatten said, had taken a serious turn, and three hundred and thirty men of the First Sikh Battalion were flown in to block a major invasion by North-west Frontier tribesmen, who are moving rapidly on Srinagar, the summer capital…..” How can one ever believe that when the Operation Order to attack Jammu and Kashmir by Pakistan was signed by the British Commander in Chief of Pakistan Gen Messervy and delivered to the Brigade Commander on 20 Aug 1947, the Governor General did not know about it when he was still taking care of both the Armies even after 15 Aug 1947. It is a blatant cover up of the British role in the Sub Continent and Indo-Pak wars over Jammu and Kashmir.
Inspite of all these hurdles created by the British through the Prime Minister of India, Mr. Nehru, the Accession, when took place on 27 Oct 1947 was absolutely legal, constitutional and unchallengeable as Maharaja Hari Singh was the sole ruler of an Independent Country after 15 Aug 1947 and he could join whichever dominion he wanted. As far as the legal and constitutional requirements, the Accession was complete and there was no need of putting any conditions like plebiscite which was again a spanner put by Mountbatten and this was also planned that if Maharaja did not accede to Pakistan before 15 Aug, J&K would be attacked by Pakistan and if still there was a problem British Govt. had contingency plans which were put into use as the situation developed, for example Mountbatten would not accept the Accession without the plebiscite and the Army could not move without the Accession. This gave Pakistan additional two days to reach Srinagar yet they failed. When Indian Army was in a position to throw Pakistan Army out of the State, Nehru was prevailed upon to go to the United Nations and finally when they were convinced that Pakistan could not retain J&K State against Indian Army they got the Cease Fire imposed.
Ultimately the British Plans to handover the entire J&K State to Pakistan though did not succeed yet they were able to retain the vital area of Gilgit and Baltistan which they wanted and it continues to be with Pakistan illegally because Pakistan has never conquered Gilgit and Baltistan. It has been usurped by engineering a Military Coupe by Maj Brown, a British Officer of the Gilgit Scouts, an employee of Maharaja Hari Singh. It will be thus seen that whatever has happened or is happening in J&K State is the result of vested interests of the British and we are suffering perhaps by design by the British so that if India and Pakistan were together they would be the most powerful Nation in the world. Although Britishers left India but they ensured we did not live in peace.
When this situation is understood it will be clear that there was nothing wrong with the Accession and as it stands even today, as the Maharaja Hari Singh had acceded the entire State to India and the Parliament of India has resolved that it would retake all the areas illegally occupied by Pakistan which may look a little far fetched today but in the matter of such conventions and international commitments / relations, one can never say what will happen in the next century. Who thought in 1945 that China would be what it is today and how he claimed / occupied our territories as per his understanding of Mc Mohan Line in 1962. He continues to occupy large chunks of J&K in Ladakh while some areas have been given away by Pakistan to China of which he has no right, yet all this is happening but is wrong. The entire State has been acceded to India by Maharaja Hari Singh on 27 Oct 1947 and the entire State belongs to India and therefore we must plead our cause strongly and hold to this position that J&K State has acceded to India and whole of it belongs to India today and Pakistan is an intruder and has to be removed one day. There should be no compromise on this. In this regard Allan Campbell in his Mission with Mountbatten Kashmir Imbroglio (Page 225) writes “The legality of the Accession is beyond doubt”.
The above Paper has been included in the Seminar “Commemorating 68th Year of Instrument of Accession to India by Maharaja Hari Singh – Understanding History of Jammu and Kashmir” being held in Committee Room No. 10, House of Commons, UK on 27 Oct 2015 by Voice of Dogras and Kashmiri Pandits Cultural Society, UK.
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