14121950 (c) Letter dated 14 December 1950 addressed to the President of the Security Council from the Minister for Foreign Affairs and Commonwealth Relations of Pakistan, concerning the India Pakistan question.
I have the honour to invite your attention to the letter dated 15 September 1950, from the United Nations Representative for India and Pakistan to to the President of the Security Council [S/1791, S/1791/Add.1], reporting on the failure of the mission entrusted to him by the security Council resolution of 14 March, 1950 [S/1469], to secure the demilitarization of the State of Jammu and Kashmir preparatory to the holding of a plebiscite. Sir Owen Dixon's report has been with the Security Council for nearly three months, and the people of Pakistan and of Kashmir are greatly concerned over the serious delay in dealing with this urgent and important matter.
Almost three years have passed since the Security Council became seized of the Kashmir dispute and came to the conclusion that its solution lay in a free and impartial plebiscite to decide the question of the accession of the State of Jammu and Kashmir to India or to Pakistan. The holding of the plebiscite, However, it is no nearer today than it was three years ago. In the meantime, the Government of India and the Maharaja's Government in Kashmir are taking steps to prejudice the holding of the plebiscite. A resolution was adopted by the All Jammu and Kashmir National Conference on 27 October, 1950, proposing the convening of a Constituent Assembly to deter. mine "the future shape and affiliations of the State'' of Jammu and Kashmir. According to a Press Trust of India report, the Prime Minister of India welcomed this move and declared that the proposed Constituent Assembly would ratify the formal accession of the State of India". Later Press reports indicate that a formal proclamation to hold elections to the proposed Constituent Assembly is about to be promulgated by the Maharaja's Government.
This move by the Government of India and the Maha raja's Government seeks to nullify the International Agreement between India and Pakistan embodied in the resolutions of the United Nations Commission for India and Pakistan of 13 August 1948 and 5 January 1949, and endorsed by the Security Council, and is a challenge to the authority of the Security Council.
I should like to request that the Security Council give urgent consideration to the Kashmir question and take measures to implement, as soon as possible, the international agreement referred to above. The Security Council is also requested to call upon India to retrain from proceeding with the proposal for a Constituent Assembly and from taking any other action which might prejudice the holding of a free and impartial plebiscite to determine whether the State of Jammu and Kashmir should accede to India or to Pakistan.
(Signed) Mohammed Zafrulla Khan
Minister of Foreign Affairs and Commonwealth Relations of Pakistan
(Source: Un Document No. S/1942)