17041949--53 Text of the Letter dated 17 April 1949 from the Secretary General, Ministry of External Affairs, Government of India, Mr. G.S. Bajpai addressed the Chairman of the Commission regarding the proposals of 15 April 1949 (UN Document No. S/AC.12/185)
17041949--53 Text of the Letter dated 17 April 1949 from the Secretary General, Ministry of External Affairs, Government of India, Mr. G.S. Bajpai addressed the Chairman of the Commission regarding the proposals of 15 April 1949 (UN Document No. S/AC.12/185)
The Government of India have asked me to convey the following views on:
(a) Your letter dated the 15th April 1949, and (b) The proposals of the Commission on the implementation of part II of its resolution of 13th August 1948 which you left with me on the 15th.
Neither in the letter nor in the proposals is there any reference to the disbandment and disarming of the so-called "Azad Kashmir '' forces, to which, as the Government of India have repeatedly informed you, they attach the utmost importance. The omission, if I understood you correctly, is due to the fact that, in part II of the Commission's resolution of the 13th August, which the "truce agreement" is designed to implement, there is no reference to the disbanding and disarming of these forces. Since the disbanding and disarming of these forces has been repeatedly challenged, the Government of India would have preferred this matter to be dealt with in the "truce agreement". In any case, they desire that the assurance regarding the disbanding and disarming of these forces contained in the aide-memoire of the conversation of 22nd December 1948 between the Prime Minister on the one hand and the Ambassador Colban and you on the other [S/1196, annex 4, aide-memoire 2) should be made clear beyond any doubt. Discussions to implement this assurance should begin as soon as possible and decisions should be taken not later than the completion of the withdrawal of Pakistan troops (seven weeks) mentioned in section A of the Commission's proposals communicated to the Government of India on the 15th.
In the Prime Minister's letter of acceptance of the Commission's resolution of the 13th August, it was stated that the strength of the Indian forces maintained in Kashmir should be conditioned by the overriding factor of the effective insurance of the security of the State against external aggression. The presence, in the so-called "Azad Kashmir '' territory, of 32 battalions of "Azad Kashmir" forces, constitutes a factor which the Government of India must take into account in determining the phasing of the withdrawal of their own forces. During the period of withdrawal of Pakistan troops (seven weeks) mentioned in part A of the Commission's latest proposals, the Government of India cannot, with due regard to the security of the State, the maintenance of law and order and the sealing off of the border against unwarranted infiltration, withdraw more than 12 battalions. Further withdrawals will depend upon and will have to be regulated according to
the actual disbandment and disarming of the "Azad Kashmir" forces.
As regards section A of the Commission's proposals withdrawal of Pakistan forces-the Government of India assume that all irregular forces are included in the programme of withdrawal; also that no arms, equipment or military stores will be left behind by the Pakistan troops.
Section B has already been dealt with in paragraph 3 of this letter. The Government of India will have no objection to the publication by the Commission of the schedule of withdrawal of Indian forces that may be agreed upon between them and the Commission, but the programme of withdrawal of Pakistan forces should be published at the same time.
The Government of India agrees to section C.
Regarding paragraphs 1 and 2 of section D, the Government of India agree to the procedure outlined in these proposals, except as regards the territory from Chorwan to the north of Dras, which, in the opinion of the Government of India, forms part of the sparsely populated and mountainous region referred to in the Prime Minister's letter of 20th August to Mr. Korbel [S/1100, paragraph 80].
As for section D, paragraph 3, although Pakistan forces, both regular and irregular, may be withdrawn from the sparsely populated and mountainous areas in the north, a large number of local population, which Pakistan has armed, will remain and will constitute a threat and a menace both to the trade with Central Asia of the Jammu and Kashmir State and to the security of the valley of Kashmir. The Government of India, therefore, reaffirms their request that they be allowed to maintain garrisons at the strategic points mentioned in the memorandum which accompanied my letter No. 248-PASG/49, dated the 13th April 1949. As stated in that letter, the question to the administration of this area can be discussed separately. The Government of India agrees to paragraphs 1 and 3 of section E. As regards paragraph 2, they cannot agree to the unrestricted use of roads and waterways in the State of Jammu and Kashmir for refugee movement and for all other non military purposes. Such freedom will make it impossible to check the infiltration into the State of persons who have no right to be there and will greatly aggravate the administrative difficulties which confront both the State and the military authorities on account of the infiltration which is already in progress and which, considering the long border between the territory under the control of the Government of India and that of Pakistan, it is impossible effectively to control I may point out that in part II of the Commission's resolution there is no reference to the subject-matter of this proposal of the Commission. The freedom of return to the State of persons who have left it on account of the disturbances is referred to in paragraph 6(a) of the Commission's resolution of 5th January 1949, only, and can be discussed only as part of the arrangements connected with the plebiscite. On purely humanitarian grounds, however, the Government of India is prepared to discuss arrangements for the movement of food convoys by both India and Pakistan under the supervision of the International Red Cross.
Regarding paragraph 4 of section E, it is not clear under which provision of the resolution of the 13th August this proposal has been made. This matter falls under paragraph 7 of the Commission's resolution of the 5th January 1949, and cannot be regarded by the Government of India as legitimately connected with the truce agreement now proposed. The Government of India agrees to paragraphs 1 and 2 of section F.
(Signed) G.S. Bajpai Secretary General