07081959 Letter Dated 7 August 1959 from the Permanent Representative of India C.S. Jha

 Letter Dated 7 August 1959 from the Permanent Representative of India C.S. Jha  Addressed to the President of the Security Council

I have been instructed by the Government of India to invite Your Excellency's intention to a further violation by the Government of Pakistan of the sovereignty of the Union of India and of its territory in Jammu and Kashmir, and of the provisions of the resolution of the Security Council of 17 January 1948. The violation was broadcast in its various trans missions by Radio Pakistan which is an official agency, on 17 July 1959 in the following words;

"The pace of construction of the Mangla Dam is to be stepped up this year with the capital grant of two crores and twenty lakhs of rupees. The work to be executed includes the construction of a railway line and road links with hinterland. The total cost of the project was originally estimated at 25 crores of rupees but subsequently revised and raised to 140 crores of rupees. The dam will be 365 feet high and nine thousand feet long. Its reservoir will have a capacity of over four million acre feet. Started in August 1955 the project is expected to be ready in 1966. On completion it will provide irrigation facilities to about thirty lakhs acres of land and generate three hundred thousand kilowatts of hydroelectric power."

2. Your Excellency will recall that India first protested to the Security Council against the Government of Pakistan's unlawful decision to go ahead with the project as far back as 21 August 1957 (S/3869), and once again in January 1958 (S/3939) when the Government of Pakistan signed and agreement with certain foreign engineering firms in connection with this project.

3. On its own admission, as recorded by the U.N. Commission in its report and its resolution of 13 August 1948, the Government of Pakistan committed aggression on the Indian Union territory of Jammu and Kashmir. Under the resolution of 15 August, 1948, the Government of Pakistan was asked to vacate this aggression and that Government agreed to do so. The aggression has, however, not been vacated so far and, what is worse, the Government of Pakistan is, by going ahead with the construction of Mangla Dam in this part of Indian territory which they have occupied by force of arms, changing the topography of the area and exploiting the resources and the people of the area, who are Indian nationals, for the benefit of its own territory and nationals. Pakistan's unlawful occupation of Indian territory is further aggravated by this latest act of exploitation which is not only in violation of the resolutions I have already mentioned above but also contrary to the categorical assurances which the U.N. Commission gave to the Prime Minister of India on behalf of the Security Council.

4. The Government of India would like to make it clear that they cannot accept a position which implies that all these violations committed by Pakistan and their consequences are to stand condoned in total disregard of international law and the practice of civilized nations.

5. I request that this communication may kindly be circulated as a Security Council document and be brought to the notice of the members of the Security Council.

Accept, etc.

(Signed) C.S. JHA Ambassador Extraordiary and Plenipotentiary Permanent Representative of India to the United Nations (Source: UN Document no. S/4202).