16081949--95 Text of the Letter dated 16 August 1949 from the Minister for Foreign Affairs, Government of Pakistan Mr. Zafrulla Khan addressed the Chairman of the Commission concerning the proposed joint meetings (UN Document No. S/AC.12/244)
16081949--95 Text of the Letter dated 16 August 1949 from the Minister for Foreign Affairs, Government of Pakistan Mr. Zafrulla Khan addressed the Chairman of the Commission concerning the proposed joint meetings (UN Document No. S/AC.12/244)
I have the honour to acknowledge receipt of your letter dated the 13th August 1949 (annex 30), forwarding a copy of the Government of India's letter dated the 12th August 1949 (annex 28). and suggesting postponement of the joint truce talks from the 17th to 22nd August 1949.
We had made all plans to leave for New Delhi on 16th August and postponed our previous engagements to later dates. The proposed postponement of the joint truce talks to the 22nd August would therefore greatly inconvenience our delegation. In deference, however, to the wishes of the Government of India and of the Commission we agree to the revised date proposed for the start of the conference.
The Pakistan delegation will consist of the following: (1) Minister for Foreign Affairs and Commonwealth Relations (Leader); (2) The Honourable Mr. M.A. Gurmani (Minister for Kashmir Affairs); (3) Mr. Mohammad Ali, Secretary General; (4) Major General Nazir Ahmad; (5) Brigadier M. Sher Khan; (6) Mr. M. Ayub; (7) Mr. A.A. Khan. The composition of our delegation has already been intimated to the Government of India.
In their letter dated the 12th August, 1949, the Government of India have suggested the addition of three items to the provisional agenda, two of which, viz, those relating to the disbanding and disarming of Azad Kashmir forces and the transfer of military and administrative control over the northern areas to the Government of India and the Maharaja's Government respectively, are extraneous to part II of the Commission's resolution of 13 August 1948, and should therefore not be included in the agenda of the Conference convened for the implementation of part II of the Commission's resolution of 13 August 1948 (vide paragraph 4 of your letter dated the 9th August 1949 [annex 27]).
The Commission is well aware of Pakistan's views with regard to the two additional items to which objection has been taken above, but for convenience of reference these might be briefly recapitulated.
(a) Azad Kashmir forces-The Commission's resolution of 13th August 1948 provides for the withdrawal of the Pakistan Army and of the bulk of the Indian Army but makes no mention of the Azad Kashmir forces. In paragraph 2 (c) of its letter dated 19th September 1948 [S/1100, paragraph 108], the Commission gave a categorical assurance to Pakistan.
Government that the resolution of 13th August "does not contemplate the disarmament or disbanding of Azad Kashmir forces". While explaining clause 4 of the Commission's proposals of 11th December 1948 [S/1196, annex 3], relating to the plebiscite stage, Mr. Lozano is reported to have told the Prime Minister of India on 20th December 1948 that it was the Commission's intention that there should be large-scale disarming of Azad Kashmir forces. Mr. Lozano assured me on 25th December 1948, that the disarming and disbanding of Azad Kashmir forces would take place only at the plebiscite stage and along with final disposal of the Indian and Kashmir State forces as envisaged in clause 4 of the Commission's proposals of 11th December 1948. He added that the exact scope of this reduction of the forces on both sides would be determined by the Commission and the Plebiscite Administrator in consultation with the authorities concerned. This was reaffirmed by Mr. Lozano and yourself on 8th February 1949, when you agreed that it was not the Commission's intention that the Azad Kashmir forces should be disarmed during the truce period. The minutes of the meeting of 8th February 1949 (annex 1), were communicated by the Commission to the Government of India, and in his letter dated 18th February 1949 (annex 7), Sir Girja Shankar Bajpai recognized that the disarming of Azad Kashmir forces was really a matter of chronology and would arise only after parts I and II of the Commission's resolution of 13 August 1948 had been implemented.
In view of these considerations the question of disbanding and disarming of Azad Kashmir forces cannot be discussed during the forthcoming truce talks. It can only be discussed after the appointment to office of the Plebiscite Administrator along with the disposal of India and Kashmir State forces on the Indian side of the cease-fire line, as provided for in clause 4 of the Commission's resolution of 5th January 1949.
(b) Northern areas-As explained in paragraph 6 of our letter dated the 30th May 1949, the claim of the Government of India to military and administrative control over the "northern areas'' is contrary to the clear provisions of clause B.2 of part II of the Commission's resolution of 13th August 1948 [S/1100, paragraph 90], and paragraph 4 (d) of the Commission's letter dated 28th April 1949 (annex 23). According to these documents the "evacuated territory" will be administered by the "local authorities'', and no official of either the Government of India or the Maharaja's Government will be permitted to enter the "evacuated territory". After the withdrawal of the bulk of the Indian forces the balance of the Indian forces will have to remain even during the truce period "within the lines existing at the moment of the cease fire" as provided in clause B.2 of part II of the 13th August resolution. There is no conceivable justification for the posting of any Indian troops in the areas north of the cease-fire line, the defence of which has hitherto been and will continue to be the responsibility of the local authorities.
We therefore consider that the suggestion contained in paragraph 2, item (3) of the Government of India's letter dated 12th August 1949, is not only outside the scope of the proposed joint truce talks but is contrary to the clear provisions of the 13th August resolution and cannot be entertained.
With regard to paragraph 3 of the Government of India's letter dated 12th August 1949, the Pakistan Government wish to observe that the conclusions of the Commission with regard to the subject-matter of the agenda are contained in the Commission's resolution of 13th August 1948, which have been accepted by the Governments of India and Pakistan. We agree that the provisions of the resolution should not be thrown open to debate, but the contention which the Government of India has put forward regarding the Azad Kashmir forces is incorrect.
The Government of Pakistan wish to reiterate their view that, since the proposed joint meetings will be concerned solely with the implementation of part II of the Commission's resolution of 13th August 1948, the discussion should be confined to the provisions of this part of the resolution and that no extraneous matters should be introduced in the agenda.
(Signed) Zafrulla Khan