15041949--48 Text of the Letter dated 15 April 1949 from the Minister for Kashmir Affairs, Government of Pakistan Mr. M.A. Gurmani addressed to the Vice-Chairman of the Commission requesting elucidation of the proposals of 15 April 1949 (UN Document No. S/AC. 12/179)
15041949--48 Text of the Letter dated 15 April 1949 from the Minister for Kashmir Affairs, Government of Pakistan Mr. M.A. Gurmani addressed to the Vice-Chairman of the Commission requesting elucidation of the proposals of 15 April 1949 (UN Document No. S/AC. 12/179)
I have the honour to refer to Mr. Lozano's letter dated 15th April 1949 (annex 17) enclosing the Commission's proposals for the implementation of part II of the Commission's resolution of 13th August 1948, which you very kindly handed over to me this morning.
The Commission has expressed the hope that the Government of Pakistan would be able to signify their agreement to these proposals within three days. As I explained to you this morning, I am going to Karachi to meet the Honourable the Prime Minister before he leaves for London on 18th April. I hope to be able to apprise the Commission of the views of the Pakistan Government on the Commission's proposals on my return to Rawalpindi on 19th April.
On a preliminary study of the Commission's proposals. I feel that I should request elucidation of the points mentioned below:
(i) The implications of the phrase "without prejudice to the sovereignty of the State" used in clauses A.3 and F 1.
(ii) To enable the Pakistan Government I submit their views, as envisaged in the Commission's letter dated 3rd September 1948 to the Foreign Minister of Pakistan, when does the Commission propose to give the Pakistan Government:
(a) Its proposed schedule for the withdrawal of the bulk of the Indian forces; and
(b) Information regarding the Indian forces which, under part II, clause B. 2 of the Commission's resolution of 13 August 1948, will be allowed to remain in the State for the purpose of assisting the local authorities in the observance of law and order?
(iii) Am I right in presuming that :
(a) The withdrawal of the bulk of the Indian troops will be completed within the same period as is proposed for the withdrawal of the Pakistan troops; and
(b) The synchronization of the withdrawal of the bulk of the Indian troops with the withdrawal of the Pakistan troops will be arranged between the Commission and the two High Commands as provided in paragraph 10 of the memorandum enclosed with the Commission's letter dated 27th August 1948 to the Foreign Minister of Pakistan [S/1100, annex 27]?
(iv) Would the Commission kindly confirm that :
(a) The cease-fire line between Chakothi and Tithwal, and from Chorwan to the north of Dras referred to in clause D. 1, will be demarcated by the Military Adviser of the Commission on the basis of the factual positions occupied by the respective forces on 1 January 1949; and
(b) Local adjustments of the cease-fire line referred to in clause D. 2 will be of minor character and will be made for Military considerations only?
(v) (a) What are the limits of area described in clause D. 3 as the "sparsely populated and mountainous region of the territory of Jammu Kashmir in the north"?
(b) What contingency has the Commission in mind which might necessitate "the defence" of the territory referred to in clause D. 32
(c) It is the intention of the Commission that posting of Indian garrisons at specified points will be permitted only when the Commission is satisfied that by no other means can the defence of the territory referred to in clause D. 3 be provided for?
(d) Will the local authorities and the Pakistan Government be apprised of the situation and their agreement obtained before any action is taken under clause D. 3?
(vi) Will regard to clause B. 2, am 1 correct in assuming that:
(a) The residents of the State shall have full freedom of entry and exit, and freedom of movement throughout the State; and
(b) Pakistan nationals shall be free to enter the State for a lawful purpose, and shall have freedom of movement throughout the State?
I have postponed my departure for Karachi to 3 p.m. tomorrow in order to be able to obtain the Commission's elucidations of the points mentioned above, as these would greatly assist the Government of Pakistan in understanding the Commission's proposals. I shall be most grateful if you could kindly let me have a reply before I leave for Karachi.
His Excellency Minister Robert Macatee
(Signed) M. A. Gurmani
Vice-Chairman
United Nations Commission
for India and Pakistan
Rawalpindi