14031949--32 Text of the Letter dated 14 March 1949 from the Chairman of the Commission Carlos A. Leguizamon addressed to the Secretary-General, Ministry of External Affairs and Commonwealth Relations, Government of India (UN Document No S/AC.12/153)
14031949--32 Text of the Letter dated 14 March 1949 from the Chairman of the Commission Carlos A. Leguizamon addressed to the Secretary-General, Ministry of External Affairs and Commonwealth Relations, Government of India (UN Document No S/AC.12/153)
The United Nations Commission for India and Pakistan has read with interest your letter of 10 March 1949 (annex 11) in which you state the views of the Government of India with respect to certain proposals contained in the statement presented by the Pakistan delegation during the meeting of the Commission's Truce Sub-Committee on 9 March 1949.
The question of a balance of military forces is one which the Pakistan Government raised in the discussion with the Commission during the consideration of the resolution of 13 August and of the proposals of 11 December 1948 [S/1196, annex 3]. In the course of the conversations last August the Commission explained to the Government of Pakistan that in its view a "military balance" would exist in the State of Jammu and Kashmir during the truce period in the sense and to the extent that the resolution of 13 August did not call for the disarming or disbanding of the Azad Kashmir forces, which the Commission understood to number approximately thirty-five battalions, The Commission however, cannot accept the interpretation that "the declared objective of the truce arrangements is described as being the creation of a military balance between the forces on each side." There can be no other objective of the truce arrangements than to establish peaceful and normal conditions throughout the State such as will be conducive to the organization and holding a plebiscite. Similarly, the process of synchronizing the withdrawal of the Pakistan and Indian forces to be arranged between the respective High Commands and the Commission, in effect tends to create a corresponding situation on either side as withdrawal of one and reduction of the other take place, but in no way does this affect the ultimate aims of the resolution of 13 August and the principles embodied in that of 5 January.
With reference to your observations relating to the withdrawal of Pakistan troops from the State, the Commission's resolution of 13 August 1948 does not make there. withdrawal conditional upon other developments in the area to be evacuated by them.
The Commission observes that in paragraph 2 of your letter you state that the withdrawal of Indian forces will begin "only after the tribesmen and Pakistan nationals referred to in A. 2 of part II of the resolution have withdrawn and also the bulk of the Pakistan forces." In order to avoid any possible misunderstanding in this connexion the Commission wishes to refer to B. 1 of part II of its resolution of 13 August, under the terms of which the Government of India has agreed to begin the withdrawal of the bulk of its forces from the State in stages to be agreed upon with the Commission when the Commission shall have notified the Government of India that tribesmen and Pakistan nationals referred. to in part II A. 2 have withdrawn and that Pakistan forces are being withdrawn from the State.
The Commission is gratified to note the readiness of the Government of India to discuss the question of the formation of a civil armed force in the Azad Kashmir territory, as well as the question of the phasing of the withdrawal of Indian forces from Kashmir. It is hoped that the Government of India will present its comprehensive views on these and other points relating to the implementation of part II of the resolution of 13 August 1948 during the forthcoming meetings of the Commission and its Truce Sub-Committee.
A copy of your letter and of my present reply is being forwarded to the Pakistan Government.
(Signed) Carlos A. Leguizamon