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Considered a saint and an avtar by his Devotee

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Text of Telegram dated October 29, 1947 Sent by the Pakistan Prime Minister to the British Prime Minister

Text of Telegram dated October 29, 1947 Sent by the Pakistan Prime Minister to the British Prime Minister

"I thank you for your message communicated by your High Commissioner in Karachi. The position here is that on early morning of 27th i.e. the day after Mr. Nehru telegraphed to you, the India Government sent troops to Kashmir. This is culmination of a series of events which was briefly as follows:

On October 2nd, and in reply to a remonstrance from-Kashmir that Pakisthan was not abiding by the Standstill' Agreement regarding supply to them by Pakistan of essen­tial commodities, I wired to Prime Minister explaining that failure of these commodities to reach Kashmir was due to dislocation of the communications due to disturbances and assuring him that we would do everything to ensure that Kashmir received its supplies. I also said that we were seriously concerned with the stories that armed Sikhs were infiltrating into Kashmir State and again pressed on him the necessity for representatives of Pakistan and Kashmir jointly to consider questions of supplies to the State and other questions. I received a reply to the effect that as Kashmir Government were dealing with disturbances caused by armed men infiltrating from Pakistan into Kashmir they were so busy that they could not discuss matters in dispute between us but they would do when things settled down. Nevertheless, we sent Shah, Joint Secretary of Ministry of Foreign Affairs, to Srinagar to decide things with Kashmir. The Prime Minister, however, refused to have any discus­sions with him and he had to leave. I also wired denying that armed men were allowed to infiltrate into Kashmir.

Then I telegraphically drew the attention of Kashmir Prime Minister to State of affairs in Poonch and on border of Sialkot District where Muslims were being massacred by State troops. In his reply, dated October 15th, after denying these accusations the Prime Minister proposed that an impartial enquiry be made into whole affair in order to 'remove misunderstandings and restore cordial relations' and said that if this proposal were not- accepted he had no option but to ask for assistance to with­stand the aggressiveness of people on his border. He attributed the raid of which he complained and failure to supply com­modities as steps to coerce Kashmir into acceding to Pakistan. I replied on October 18th again denying accusations of raid from Pakistan and pointing a case in which Kashmir troops attacked a village in Pakistan and in an encounter with police killed a Head Constable. I said I was apprehensive that tactics followed in East Punjab of massacring Muslims and then driving them out were to be followed in Kashmir. I protested against threat to call in assistance from outside the only object of which could be to suppress Muslims and to enable Kashmir to accede to India by a coup d’etat. In conclusion I agreed to his proposal for an impartial enquiry and asked him to nomi­nate his representative when we would immediately nominate ours.

On October   18th  Prime   Minister of  Kashmir telegraphed me repeating the charges of failure to send  supplies according to Standstill Agreement and of allowing armed men to infiltrate into the  State. He also complained of articles  in  Pakistan newspapers and telegrams from private individuals. He drew the conclusion  that Pakistan's attitude was unfriendly, even 'inimical' and ended by saying that unless things improved  he; would  be justified 'in asking for friendly assistance to prevent trespass on fundamental rights of State.’

This telegram was also repeated to Governor-General and published in Press. On October  20th  the Governor-General telegraphed  to the Maharaja, summarising   the    telegrams between the two Governments and pointing out that threat to call in  outside  help amounted  almost  to an ultimatum and showed  that real  aim  of Kashmir Government's policy ‘is to seek an opportunity to join  Indian  Union through a coup d'etat”. He endorsed  Kashmir Government's proposal for an enquiry made  in  their telegram of October 15th and accepted by Pakistan in their telegram of October   18th  and  said  that impartial inquiry as also the proposal of Pakistan Government for a  meeting  between  representatives of two States was an urgent necessity. Finally he invited Maharaja to send his Prime Minister to Karachi to discuss recent developments in a friendly way. No answer was received to this telegram.

There is no doubt that State troops first attacked Muslims of Poonch. Women and children took refuge in Pakistan and burning villages could be seen from our border. There is no doubt that later they set out to massacre Muslims of Jammu. The Brigadier-in-Command of Jammu-Sailkot border admitted to our Brigadier that his orders were to drive out Muslims from a three-mile wide belt and that he was doing this with automatic weapons and mortars. There is no doubt that armed mobs headed by State troops invaded Pakistan on several occasions. After one of these raids 1,760 dead bodies of Muslims were counted near one of our villages. There are now about one lakh of Muslim refugees from Jammu in West Punjab.

The refusal of Kashmir to send a representative to discuss things and to nominate a representative for an impartial enquiry and (heir failure to reply to Governor-General's invitation to Prime Minister to come, and their deliberate causing of disturbances in their State by employing their troops to attack Muslims; and the fact that by 9 a.m. on moring of day on which Kashmir's accession was accepted Indian air­borne troops had landed in Srinagar clearly show the existence of a plan for accession against the will of people possible only by occupation of country by Indian troops. This plan is clear from the start.

Kashmir's action cannot be based on action of Pathans who infiltrated into Kashmir as they are not reported to have done so till October 22nd and correspondence with State ceased on October 20th. All that could be done short of use of troops which would have violently disturbed Frontier was done to prevent their going to Kashmir.

In these circumstances Government of Pakistan cannot recognise accession of Kashmir to Indian Union achieved as it has been by fraud and violence.

I welcome your proposal that I, the Prime Minister of India and Maharaja of Kashmir should meet to discuss matters. A meeting for this purpose is being held in Lahore tomorrow attended by Governors-General   and   Prime   Ministers of Pakistan and India and I hope by Maharaja and his Prime Minister. I hope we will reach a satisfactory conclusion.

Text of Lord Mountbattens reply dated October 27, 1947 to the Kashmir Ruler signifying his Acceptance of the Instru­ment of Accession

Doc-12. Text of Lord Mountbatten's reply dated October 27, 1947 to the Kashmir Ruler signifying his Acceptance of the Instru­ment of Accession

 

"My dear Maharaja Sadib,

Your Highness' letter dated 26th October has been delivered to me by Mr. V.P. Menon. In the special circumstances mentioned by your Highness my Government have decided to accept the accession of Kashmir State to the Dominion of India. In consistence 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 State, it is my Government's wish that as soon as law and order have been restored in Kashmir and her soil cleared of the invader the question of the State's accession should be settled by a reference to the people.

 

Meanwhile in response to your Highness' appeal for military aid action has been taken today to send troops of the Indian Army to Kashmir to help your own forces to defend your territory and to protect the lives, property and honour of your people.

 

My Government and I note with satisfaction that your Highness has decided to invite Sheikh Abdullah to form an interim Government to work with your Prime Minister.

                                                               "With kind regards,

                                                                                                   I remain,

                            New Delhi                                             Your sincerely,

                      October 27, 1947                                       Mountbatten of Burma

 

Instrument of Accession of Jammu and Kashmir State

 

Where as the Indian Independence Act, 1947, provides that as from the fifteenth day of August, 1947, there shall be set up an independent Dominion known as India, and that the Govern­ment of India Act, 1935, shall, with   such omissions, additions, adaptations and modifications as the Governer-General may by order specify, be applicable to the Dominion of India.

 

And whereas the Government of India Act, 1935, as so adapted by the Governor-General provides that an Indian State may accede to the Dominion of India by an Instrument of Accession executed by the Ruler thereof:

 

Now, therefore, I Shriman Inder Mahandar Rajrajeshwar Maharajadhiraj Shri Hari Singhji Jammu Kashmir Naresh Tatha Tibbet adi Deshadhipathi Ruler of Jammu and Kashmir State in the exercise of my sovereignty in and over my said State do hereby execute this my Instrument of Acession and.

 

  1. I hereby declare that I accede to the Dominion of India with the intent that the Governor-General of India, the Dominion Legislature, the Federal Court and any other Dominion authority established for the purposes of the Dominion shall, by virtue of this my instrument of Accession but subject always to the terms thereof, and for the purposes only of the Dominion, exercise in relation to the State of Jammu and Kashmir (hereinafter referred to as "this State") such functions as may be vested in them by or under the Government of India Act, 1935, as in force in the Dominion of India, on the 15th day of August 1947, (which Act as so in force is hereafter referred to as "the Act").

 

  1. I hereby assume the obligation   of ensuring that due effect is given to the provisions of the Act within this State so for as they are applicable therein by virtue of this my Instrument of Accession.

 

  1. I accept the matters specified in the Schedule hereto as the matters with  respect to  which the Dominion Legislature may make laws for this State.

 

  1. I hereby declare that I accede to the Dominion of India on  the assurance that if an agreement is made between the Governor-General and the  Ruler of this State whereby  any functions  in  relation to the administration in this State of any law of the Dominion Legislature shall be exercised by the Ruler

               of this State, then any such agreement shall be deemed to form part of this Instrument and shall be        construed and have effect accordingly.

 

  1. 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 my by Instrument supplementary to this Instrument.

 

  1. Nothing in this Instrument shall empower the Dominion Legislature to make any law for this State authorising the compulsory acquisition of land for any purpose, but I hereby undertake that should the Dominion   for the purpose of a Dominion law which applies in this State deem it necessary to
    acquire any land,   I  will at  their request acquire the land at their expense or, if the land belongs to me, transfer it to them on such terms as may be agreed  or, in  default of agreement, determined   by an  arbitrator to be appointed by the Chief Justice of India.
  2. Nothing in this Instrument shall be deemed to commit me in any way to acceptance of any future Constitution of India or to fetter my discretion to enter into arrangements with the Government of India under any such future Constitution.

 

  1. Nothing in this Instrument effects the continuance of my sovereignty in and over this State, or, save as provided by or under this Instrument, the exercise of any powers, authority and rights now enjoyed by me as Ruler of this State or the validity of tiny law at present in force in this State.

           

  1. I hereby declare that 1 execute this Instrument on behalf of this State and that any reference in this Instrument to me or to the Ruler of the State is to be construed as inclding a reference to my heirs and successors.

 

Given under my hand this 26th day of October nineteen hundred and forty-seven.

                                                               

                                                                        Hari Singh,

                                               Maharajadhiraj of Jammu and Kashmir State.

 

Acceptance of Instrument of Accession of Jammu and Kashmir State by the Governor-General of India

 

I do hereby accept this Instrument of Accession.

 

Dated this twenty-seventh day of October, nineteen hundred and forty-seven.

                                                                                                                                 Mountbatten of Burma

                                                                                                                              Governor-General of India.

Text of letter dated October 26, 1947 from Sir Hari Singh, the Maharaja of Jammu and Kashmir, to Lord Moun botten, the Governor-General of India

Doc-11. Text of letter dated October 26, 1947 from Sir Hari Singh, the Maharaja of Jammu and Kashmir, to Lord Moun botten, the Governor-General of India

 

"My dear Lord Mount batten,

I have to inform your Excellency that a grave emergency has arisen in my State and request immediate assistance of your Government.

As your Excellency is aware the State of Jammu and Kashmir has not acceded to the Dominion of India or to Pakistan. Geographically my State is contiguous to both the Dominions. It has vital economical and cultural links with both of them. Besides my State has a common boundary with the Soviet Republic and China. In their external relations the Dominions of India and Pakistan cannot ignore this fact.

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 my State to stand independent, of course with friendly and cordial relations with both.

I accordingly approached the Dominions of India and Pakistan to enter into Standstill Agreement with my State. The Pakistan Government accepted this Agreement. The Dominion of India desired further discussions with representa­tives of my Government. I could not arrange this in view of the developments indicated below. In fact the Pakistan Govern­ment are operating Post and Telegraph system inside the State.

Though we have got a Standstill Agreement with the Pakistan Government that Government permitted steady and increasing strangulation of supplies like food, salt and petrol to my State.

Afridis, soldiers in plain clothes, and desperadoes with modern weapons have been allowed to infilter into the State at first in Poonch and then in Sialkot and finally in mass area adjoining Hazara District on (he Ramkot side. The result has been that the limited number of troops at the disposal of the State had to be dispersed and thus had to face the enemy at the several points simultaneously, that it has become difficult to stop the wanton destruction of life and property and looting. The Mahora power-house which supplies the electric current to the whole of Srinagar has been burnt. The number of women who have been kidnapped and raped makes my heart bleed. The wild forces thus let losse on the State are marching on with the aim of capturing Srinagar, the summer Capital of my Government, as first step to over-running the whole State.

The mass infiltration of tribesmen drawn from the distant areas of the  North-West  Frontier coming regularly in motor trucks using Mansehra-Muzaffarabad  Rood  and   fully armed with  up-to-date weapons cannot possibly be done without the knowledge of the Provincial Government of the  North-West Frontier Province and  the  Government of Pakistan. In spite of repeated requests made by  my Government  no attempt has been made to check these raiders or stop them from coming to my State. The Pakistan Radio even put out a story  that  a Provisional Government has  been  set  up  in   Kashmir. The people of my State both the Muslims and non-Muslims generally 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 the Indian Dominion. Naturally they cannot send the help asked for by me without my State acceding to the Dominion of India. I have accordingly decided to do so and I attach the Instrument of Accession for acceptance by your Government. The other alternative is to leave my State and my people to free-booters. On this basis no civilized Government can exist or be maintained. This alterna­tive I will never allow to happen as long as I am Ruler of the State and I have life to defend my country.

I am also inform your Excellency's Government that it is my intention at once to set up an interim Government and ask Sheikh Abdullah to carry the responsibilities in this emergency with my Prime Minister.

If my State has to be saved immediate assistance must be available at Srinagar. Mr. Menon is fully aware of the situa­tion and he will explain to you, if further explanation is needed.

"In haste and with kindest regards,

The Palace, Jammu                                           

Your sincerely,

26th October, 1947.                                                                                                                     Hari Singh

 

Articles 5, 6, and 7 of Supplementary Articles of March 11, 1846

Doc- 3.Articles 5, 6, and 7 of Supplementary Articles of March 11, 1846, to the First Treaty of Lahore, Referred to in Article 8 of the Treaty of Amritsar

Article 5. The British Government agrees to respect the bonafide rights of those jagirdars within the territories ceded by Articles 3 and 4 of the Treaty of Lahore dated 9th instant, who were attached to the families of the late Maharaja Ranjit Singh, Kharak Singh and Sher Singh; and the British Government will maintain those jagirdars in their bonafide possession during their lives.

Article 6. The Lahore Government shall receive the assistance of the British local authorities in recovering the arrears of revenue justly due to the Lahore Government from their Kardars and managers in the territories ceded by the provisions of Articles 3 and 4 of the treaty of Lahore, to the close of the Kharif harvest of the current year viz., 1902 of the Sambat Bikramajit.

Article 7. The Lahore Government shall be at liberty to remove from the forts in the territories specified in the foregoing article, all treasure and state property with the exception of guns: Should, however, the British Government desire to retain any part of the same property, they shall be at liberty to do so; paying for the same at a fair valuation; and the British officers shall give their assistance to the Lahore Government, in disposing on the spot of such part of the aforesaid property as the Lahore Government may not desire to retain.                     

Treaty between the British Government and Maharaja Gulab Singh Concluded at Amritsar, on 16th March 1846

Treaty between the British Government and Maharaja Gulab Singh Concluded at Amritsar, on 16th March 1846

Treaty between the British Government on the one part, and Maharaja Gulab Singh of Jammu on the other, concluded on the part of the British Government by Frederick Currie, Esq; and Brevet-Major Henry Montgomery Lawrence, acting under the orders of the Right Honourable Sir Henry Hardinge, G.C.B., one of Her Brittanic Majesty's most Honourable Privy Council, Governor-General, appointed by the Honourable Company to direct and control all their affairs in East Indies, and by Maharaja Gulab Singh in person.

Article1 . The British Government transfers and makes over for ever, in independent possession, to Maharaja Gulab Singh and the heirs male of his body, all the hilly or mountain­ous country, with its dependencies, situated to the eastward of the river Indus, and westward of the river Ravi, including Chamba and excluding Lahul, being part of the territories ceded to the British Government by the Lahore State, according to the provisions of Article 4 of the Treaty of Lahore, dated 9th March 1846.

Article 2. The eastern boundary of the tract transferred by the foregoing article to Maharaja Gulab Singh shall be laid down by commissioners appointed by the British Government and Maharaja Gulab Singh respectively for the purpose, and shall be defined in a separate engagement after survey.

Article 3. In consideration of the transfer made to him and his heirs by the provisions of the foregoing articles, Maharaja Gulab Singh will pay to the British Government the sum of seventy five lacs of rupees (Nanak Shahi) fifty lacs to be paid on the ratification of this treaty and twenty five lacs on. or before the 1st of October of the current year A.D. 1846.

Article 4. The limits of the territories of Maharaja Gulab Singh shall not be, at any time, changed without the concurrence of the British Government.

Article 5. Maharaja Gulab Singh will refer to the arbitration of the British Government any disputes or questions that may arise between himsef and the Government of Lahore or any other neighbouring State, and will abide by the decision of British Government.

Article 6. Maharaja Gulab Singh engages for himself and heirs to join, with the whole of his military force, the British troops, when employed within the hills or in the territories adjoining his possessions.

Article 7. Maharaja Gulab Singh engages never to take or retain, in his service any British Subject, nor the subject of any European or American State, without the consent of the British Government.

Article 8. Maharaja Gulab Singh engages to respect, in regard to the territory transferred to him, the provisions of article 5, 6, and 7 of the separate engagement between the British Government and the Lahore Durbar dated 11th March 1846.

Article 9. The British Government will give its aid to Maharaja Gulab Singh in protecting his territories from external enemies.

Article 10. Maharaja Gulab Singh acknowledges the supermacy of the British Government and will, in token of such supermacy, present annually to the British Government one horse, twelve perfect shawl goats of approved breed (six male and six female) and three pairs of Kashmir shawls.

This treaty consisting of ten articles has been this day settled by Frederick Currie, Esq; and Brevet-Major Henry Montgomery Lawrence, acting under the directions of the Right Honourable Sir Henry Hardinge, G C.B., Governor-General, on the part of the British Government, and by Maharaja Gulab Singh in person and the said treaty has been this day ratified by the seal of the Right Honourable Sir Henry Hardinge, G.C.B. Governor-General.

Done at Amritsar, this 16th day of March in the year of our Lord 1846 corresponding with 17th day of Rabi-ul-awal 1262 Hijri.  

Treaty between the British Government and the State of Lahore, Concluded at Lahore on March 9, 1846

Treaty between the British Government and the State of Lahore, Concluded at Lahore on March 9, 1846

Whereas the treaty of amity and concord, which was concluded between the British Government and the late Maharaja Ranjit Singh, the ruler of Lahore in 1809, was broken by the unprovoked aggression on the British provinces of the Sikh Army, in December last: And whereas, on that occasion, by the proclamation dated the 13th of December, the territories then in the occupation of the Maharaja of Lahore, on the left or British bank of the river Sutlej, were confiscated and annexed to the British provinces; and since that time, hostile operations have been prosecuted by the two Governments, the one against the other, which have resulted in the occupation of Lahore by the British troops: And whereas it has been determined that upon certain conditions, peace shall be re-established between the two Governments, the following treaty of peace between the Honourable English East India Company, and Maharaja Dalip Singh Bahadur, and his childern, heirs, and successors, bas been concluded, on the part of the Honourable Company, by Frederick Currie, Esq; and Brevet-Major Henry Montgomery Lawrence, by virtue of full powers to that effect vested in them by the Right Honourable Sir Henry Hardinge, G.C.B., one of Her Brittanic Majesty's most Honourable Privy Council, Governor-General appointed by the Honourable Company to direct and control all their affairs in the East-Indies, and on the part of his Highness the Maharaja, Dalip Singh, by Bhai Ram Singh, Raja Lai Singh, Sardar Tej Singh, Sardar Chattar Singh Attariwala, Sardar Ranjor Singh Majithia, Diwan Dina Nath, and Fakir Nur-ud-din vested with full powers and authority on the part of his Highness.

Article 1. There shall be  perpetual  peace  and  friendship between the British Government, on the one part, and Maharaja Dalip Singh, his heirs and successors on the other.

Article 2. The Maharaja of Lahore renounces for himself, his heirs and successors all claim to or connection with, the territories lying to the South of the river Sutlej, and engages never to have any concern with those territories or the inhabi­tants thereof.

Article 3. The Maharaja cedes to the Honourable company in perpetual sovereignty, all his forts, territories, and rights in the Doab and country, hill and plain, situate between the rivers Beas and Sutlej.

Article 4. The British Government having demanded from the Lahore State, an indemnification for the expenses of the war, in addition to the cession of territory described in

Article 3, payment of a one and a half crores of rupees; and the Lahore Government being unable to pay the whole of this sum at this time, or to give security satisfactory to the British Government for its eventual payment; the Maharaja cedes to the Honourable Company, in perpetual sovereignty, ;is equivalent for one crore of rupees all his forts, territories, rights, and interests in the hill countries which are situate between the rivers Beas and Indus, including the Provinces of Kashmir and Hazara.

Article 5. The Maharaja will pay to the British Government the sum of fifty lacs of rupees, on or before the ratification of this treaty.

Article 6. The Maharaja engages to disband the mutinous troops of the Lahore army, taking from them their arms; and his Highness agrees to reorganize the regular, or Ain, regiments of infantry, upon the system, and according to the regulations as to pay and allowances, observed in the time of the late Mahraja Ranjit Singh. The Maharaja further engages to pay up all arrears to the soldiers that are discharged under the pro­visions of this article.

Article 7. The regular army of Lahore State shall hence-forth be limited to 25 battalions of infantry, consisting of 800 bayonets each with 12,000 cavalry: this number at no time to be all private property that may be endamaged. The British Government will, moreover, observe all due consideration to the religious feelings of the inhabitants of those tracts through, which the army may pass.

Article 11. The Maharaja engages never to take, or retain in his service, any British subject, nor the subject of any European or American State, without the consent of the British Government.

Article 12. In consideration of the services rendered by Raja Gulab Singh of Jammu to the Lahore State, towards procuring the restoration of relations of amity between the Lahore and British Governments, the Maharaja hereby agrees to recognize the independent sovereignty of Raja Gulab Singh, in such territories and districts in the hills as may be made over to the said Raja Gulab Singh by separate agreement between himself and the British Government, with the dependencies thereof, which may have been in the Raja's possession since the time of the late Maharaja Kharak Singh: and the British Government in consideration of the good conduct of Raja Gulab Singh, also agrees to recognize his independence in such territories, and to admit him to the privileges of a separate treaty with the British Government.

Article 13. In the event of any dispute or difference arising between the Lahore State and Raja Gulab Singh, the same shall be referred to the arbitration of the British Government; and by its decision the Maharaja engages to abide.

Article 14: The limits of the Lahore territories shall not be, at any time, changed without the concurrance of the British Government.

Article 15. The British Government will not exercise any interference in the internal administration of the Lahore State; but in all cases or questions which may be referred to the British Government, the Governor-General will give the aid of his advice and good offices for the furtherance of the interests of the Lahore Government.

Article 16. The subjects of either State snail, on visiting the territories of the other, be on the footing of the subjects of the most favoured nation.

This treaty consisting of sixteen articles has been this day settled by Frederick Currie, Esq; and Brevet-Major Henry Montgomery Lawrence, acting under the directions of the Right Honourable Sir Henry Hardinge, G.C.B. Governor-General, on the part of the British Government, and by Bhai Ram Singh, Raja Lai Singh, Sardar Tej Singh, Sardar Chattar Singh Attariwala, Sardar Ranjor Singh Majithia, Diwan Dina Nath and Fakir Nur-ud-din, on the part of Maharaja Dalip Singh; and the said treaty has been this day ratified by the seal of the Right Honourable Sir Henry Hardinge, G.C.B. Governor-General, and by that of his Highness Maharaja Dalip Singh.

Done at Lahore this 9th day of March in the year of our Lord 1846 corresponding with the 10th day of Rabi-ul-awal
1262 Hijri and ratified the same day.