Dr Ganesh Malhotra
Pakistan right from 1947 has carried out a false propaganda at international level on Kashmir. As a part of this agenda recently some Pakistani groups organised a discussion in British Parliament and a rally in London on Kashmir. Britain allowed it to happen despite India’s objections. Many groups from J&K and even from POJK countered this rally and discussion by putting forth the right narrative and real voice of people of J&K. J&K became the part of Indian dominion under Instrument of Accession signed by Maharaja Hari Singh with Government of India on 26th October 1947. The express provisions of the Indian Independence Act conferred powers on the rulers of Indian Princely States to give accessions of their States to any of the two Dominions. It did not envisage conditional acceptance of accession. Accession as provided in the Act of Independence had to be immediate and could not be kept in suspense for an indefinite period of time. The offer was unconditional and its acceptance had also to be unconditional. India after accepting accession sent its regular forces to vacate the aggression made on the State by Pakistan, treating the State as an integral part of the Indian Dominion. That made the acceptance final and conclusive, Conditional accession could not make the State an integral part of the Indian Dominion. Mr. Jinnah on hearing the news of accession withdrew his order, to march Pakistan Army into Kashmir, as it had become part of the Indian Dominion.
India after accession of the State and having become responsible for its defence against attack or aggression, it was under an obligation to clear the territory of Jammu and Kashmir of Pakistan Army and drive them out of 2/5 of the State area under their occupation, but it did not fulfil its obligation. It chose to knock the door of the Security Council and the U. N. O. with a complaint that Pakistan be declared an aggressor and asked to vacate the State territory occupied by it by using the tribesmen and its own army personnel.
The result of this wrong step of going to the Security Council was unfortunate.
Instead of declaring Pakistan aggressor and asking it to vacate 2/5th of the State occupied by it, the rest 3/ 5th of the State which has become part of India, was also put in peril and in the melting pot, and the act of accession by the Maharaja was questioned beyond the mandate of UN.
In 1949 the Council passed a resolution that the question of accession of the State will be decided by holding a plebiscite subject to fulfilment of certain conditions within a specified period of time. Pakistan never fulfilled those conditions. The Security Council is not a tribunal having jurisdiction to decide political questions or questions which concern the domestic matters of a State. The question of accession of a State had to be determined by the provisions of the Indian Independence Act and not by the resolutions of the Security Council.
Pakistan within the time limit did not fulfil any of the conditions essential under the Security Council resolution to be fulfilled before a plebiscite could be held. India then told the Security Council that the holding of the plebiscite was ruled out and that the resolution of 1949 was defunct and a dead letter and no longer operative. But Pakistan continued its propaganda of Plebiscite on global platforms as well as in India through Kashmiri separatist groups.
The last mediator sent was Mr. Justice Dixon. His report was that India should remain in occupation of the Province of Jammu and Ladakh and Pakistan should remain in possession of the area illegally occupied by it and that the fate of the Kashmir Valley should be determined by holding a plebiscite. The mediator’s suggestion was not accepted by India and rejected forcefully. Plebiscite is not the method of de-annex the 3/5th of Kashmir by conquest by throwing infiltrators into the valley and by an attack on the Jammu area by a strong contingent of Pakistan Army. Instead of terming Pakistan as an aggressor and directing it to vacate the illegal occupation of J&K the Council entertained the question raised by Pakistan, under strong diplomatic pro-Pakistani pressures of the big nations. Pakistan fought four wars for Kashmir but failed. It has launched proxy war in Kashmir since 1990 with the help of its paid separatist groups who do not even represent a slightest of population of J&K. It created atmosphere for exodus of people from POJK and then Kashmiri Hindus from Kashmir. There are no such voices of plebiscite or any other in majority of the areas of J&K. In such circumstances Pakistani propaganda need to be exposed with full force at national as well as International level.
Fortunately India in last few years has taken a strong stand and in firm and clear tones, told the Council that it had no jurisdiction to decide the political questions or reopen. The Govt; of India has taken a clear stand in last few years that Jammu and Kashmir State is an integral part of India and is not negotiable. 2/5th of Kashmir in Pakistani occupation is as much an integral part of India as the 3/ 5th with India. Pakistan is in illegal occupation of the 2/5th and it is our obligation under the Instrument of Accession to recover it by all possible means in our power.
(The author is a J&K base Strategic and Political analyst)
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