28031949--37 Text of the Letter dated 28 March 1949 from the Secretary General, Ministry of External Affairs and Commonwealth Relations, Government of India Mr. Bajpai addressed to the Chairman of the Commission (UN Document No. S/AC. 12/166)
28031949--37 Text of the Letter dated 28 March 1949 from the Secretary General, Ministry of External Affairs and Commonwealth Relations, Government of India Mr. Bajpai addressed to the Chairman of the Commission (UN Document No. S/AC. 12/166)
I am desired to forward herewith, for the Commission's consideration, a memorandum embodying the views of the Government of India on the following points:
1. The truce line in the north and north-east of the State of Jammu and Kashmir, beyond Keran, up to which point agreement has already been reached in principle between the representatives of India and Pakistan.
2. Formation of a civil armed force for the maintenance of law and order in Azad Kashmir territory.
3. The withdrawal of Indian forces from Jammu and Kashmir in accordance with the relevant provisions. of part II of the Commission's resolution, dated the 13th August 1948.
A map showing the truce line which the Government of India seeks to establish is also enclosed.
The Government of India will be happy to send representatives to discuss the memorandum with the Commission at the Commission's convenience.
(Signed) G.S. Bajpai
MEMORANDUM
As a result of discussions between representatives of the Government of India on the one hand and the United Nations Commission for India and Pakistan and its Truce Subcommittee on the other, the Government of India have been invited to formulate their views on three points:
1.
The truce line in the north and north-east of the State of Jammu and Kashmir, beyond Keran, up to
which point agreement has already been reached in principle between the Representatives of India and Pakistan.
2. Formation of a civil armed force for the maintenance of law and order in Azad Kashmir territory.
3. The withdrawal of Indian forces from Jammu and Kashmir in accordance with the relevant provisions of part II of the Commission's resolution dated the 13th August 1948.
The Government of India's views on these three points. are set out below seriatim:
I. TRUCE LINE
A map indicating the line which the Government of India wishes to see established is attached. It will be observed that no claim is made to the inclusion of Gilgit District within the Indian part of the line. What is claimed for inclusion within the Indian line is territory which strictly answers the description given in the Prime Minister's letter, dated the 20th August 1948, to Mr. Korbel [S/1100, paragraph 80]; it is territory over which the authority of the Government of Jammu and Kashmir "has not been challenged or disturbed, except by roving bands of hostiles, or in some places like Skardu which have been occupied by irregulars or Pakistani troops." After Pakistani troops and irregulars have withdrawn from the region referred to, the responsibility for the administration of these areas will revert to the Government of Jammu and Kashmir and that for defence to the Government of India. It is not the intention to garrison these sparsely populated portions of the State of Jammu and Kashmir extensively. All that the Government of India proposes to do is to maintain garrisons at selected points for the dual purpose of preventing the incursion of tribesmen, who obey no authority, and to 1uard the main trade routes from the State into Central Asia.
2. FORMATION OF A CIVIL ARMED FORCE
The Pakistan representatives who appeared before the Truce Sub-committee had made certain recommendations in a memorandum, dated the 9th March (annex 10), which, as has already been pointed out to the Commission, were designed to achieve the objective of a "military balance between the forces on each side." In the Secretary-General's letter to the Chairman, dated the 10th March 1949 (annex 11), it was explained that the proposals in the memorandum regarding the strength, training and control of Azad Kashmir forces during the period of the truce would be (1) a preparation neither for peace nor for a peaceful plebiscite but for the resumption of hostilities and (2) contrary to the objective slated in paragraph 3 (1) (c) of the Prime Minister's letters dated the 20th August 1948 [S/1100, paragraph 78], and broadly accepted by the Commission, that nothing should be done which would enable the territory evacuated by the Pakistan troops to be consolidated in any way during the period of the truce to the disadvantage of the State. The Government of India adheres to this view and reaffirms their request that action should be taken to disband and disarm the so-called Azad Kashmir forces. So long as these forces are not disbanded and disarmed, so long will it be necessary for the Government of India, in the interests of the security of the rest of the State of Jammu and Kashmir under their control, to maintain a larger force than would otherwise be necessary. A force of 32 battalions, armed but without discipline, and inspired by fanaticism, would obviously be a menace to the security of a territory which it covets and against whose Government its fanaticism is directed. That discipline would make this force militarily more manageable does not imply that it would also eliminate the fanaticism of its members. Indeed, the disciplining and reorganization proposed in the Pakistan memorandum would make this force a menace to the security of the part of the State. Moreover, as greater was explained to Mr. Lozano during his visit to New Delhi in December 1948, so long as a military force of this character is maintained in the so-called Azad Kashmir territory, there will be no security for those inhabitants who do not fully subscribe to or share the political views of pro-Pakistan elements and, therefore, no inducement to the re-entry into this territory of State citizens of this class who had left it on account of the present conflict. Disbandment and disarming. of these forces is, therefore, essential both to the fulfilment, by the Government of India, of their obligations under B. 1. and 2 of part II of the Commission's resolution of the 13th August, and the creation, in the territory in question, of conditions which would ensure a free and impartial plebiscite..
For the maintenance of law and order in the so-called. Azad Kashmir territory, a civil armed force is to be created. Before the outbreak of hostilities in the State, the total strength of the police force maintained in this territory for the preservation of law and order was approximately 560 men, of whom 256 were armed. The Government of India realises that the physical and psychological conditions created by the conflict of the last 18 months necessitate a substantial augmentation of these numbers. They suggest, therefore, that a force of 2,500 persons, of whom one-half may be armed, be formed. This should be more than sufficient for the maintenance of law and order, which must be the sole purpose of such a force.
Some of the considerations which have been urged in favour of disbanding and disarming the so-called Azad Kashmir forces equally govern, in the opinion of the Government of India, the composition of the armed police force and its command. If the force is composed of, or officered by, followers of Azad Kashmir alone the fear of insecurity. amongst persons, both Muslims and non-Muslims, who do not belong to this category, whether they are already resident in this territory or are entitled to return to it, will persist. It is, therefore, suggested, that, to the extent of half its numbers, the force should as composed of nationals (Muslim and non Muslim) of Jammu and Kashmir State who are or were normally resident in this area, but who do not follow the political creed of Azad Kashmir. The higher officers in command of this force should be neutrals and appointed by the Commission.
3. WITHDRAWAL OF INDIAN FORCES
Part II, section B of the Commission's resolution of the 13th August 1948 recommended:
"1. When the Commission shall have notified the Government of India that the tribesmen and Pakistan nationals referred to in part II, A. 2 of the resolution have been withdrawn..., and further that the Pakistan forces are being withdrawn from the State of Jammu and Kashmir, the Government of India agrees to begin to withdraw the bulk of its forces from that State in stages to be agreed upon with the Commission.
"2. Pending the acceptance of the conditions for a final settlement of the situation in the State of Jammu and Kashmir, the Indian Government will maintain within the lines existing at the moment of the cease-fire, these forces of its Army which, in agreement with the Commission, are considered necessary to assist local authorities in the observance of law and order..."
The Government of India accepted the resolution of the 13th August 1948, on the basis of clarifications furnished by the Commission which are explained in the Prime Minister's letter to the then Chairman of the Commission, dated the 20th August 1948. The portions of the Prime Minister's letter which are relevant to the part of the resolution quotes are paragraph
3, sub-paragraph 2, and the second subparagraph of paragraph
4. The Government of India reaffirms their adherence to the position set out in these communications.
The memorandum presented by the Pakistan representatives to the Truce Sub-committee of the Commission mentions three months as the period during which the withdrawal of Pakistan forces should be completed. This period seems to have been suggested with regard to the need for making suitable arrangements, inter alia, for the maintenance of law and order. Although, as explained in paragraph 2 of this memorandum, the Government of India are unable to agree with certain basic assumptions and with proposals regarding the strength and training of the force needed to maintain law and order made in the Pakistan memorandum, they are willing to accept the period of three months for the completion of the withdrawal of Pakistan forces and for the creation of a civil armed force which will maintain law and order in the so-called Azad Kashmir territory.
(At the request of the Government of India, the schedule. of the withdrawal of troops is not reproduced here.)
The fulfilment of the foregoing programme of withdrawal will be contingent upon:
(i) The complete withdrawal of Pakistan forces including ancillary forces and arms, equipment and stores.
(ii) The disbanding and disarming of the so-called Azad Kashmir forces and the creation of the Civil Armed Force mentioned in paragraph 2 of this memo randum.
The phasing of the withdrawal of Pakistan forces has not been discussed in this memorandum. The Government of India will be prepared to instruct their representatives to discuss this matter with the Commission, its Truce Subcommittee, and/or Pakistan representatives, if desired. The Commission will appreciate that, so far as their own programme of withdrawal is concerned, the Government of India is not willing to disclose it to the Government of Pakistan. until a satisfactory agreement has been reached regarding the withdrawal of Pakistan forces and the replacement of the so-called Azad Kashmir forces by a civil armed force.
This memorandum is limited to a description, in broad outline, of the views of the Government of India on the three points with which it deals, namely:
1. The truce line;
2. The formation of a civil armed force for the maintenance of law and order in "Azad Kashmir". territory;
3. The withdrawal of Indian forces from Jammu and Kashmir. The Government of India will be happy to depute representatives to discuss with the Commission the contents of the memorandum and to elucidate any parts of it that may need clarification or elaboration.