27081958 Letter dated 27 August, 1958 from the representative of Pakistan R.S. Chhatari to the President of the Security Council
Letter dated 27 August, 1958 from the representative of Pakistan R.S. Chhatari to the President of the Security Council
1. Under instructions from my Government, have the honour to refer to the letter of the permanent representative of India, dated 18 August, 1958 [S/4088].
2. Having exposed the tactics of misrepresentation by the permanent representative of India, it was not the intention of my Government to burden Your Excellency any further with this correspondence.
3. However, since the permanent representative of India has seen fit to side-track the issue by introducing positions and arguments which are contrary as much to his Government's commitments regarding Kashmir as to the declared standpoint of the Security Council, I crave your indulgence in bearing with me for this once to enable me to set the record straight,
4. Before going into the demerits of India's stand, which incidentally is again based on misrepresentation and distortion of facts, I deplore the manner in which the representative of a Member State is attempting to mislead the Security Council by deliberately abusing the provisions of the United Nations Charter with a view to flouting unilaterally the international agreement which binds the Governments of India and Pakistan and to which the Security Council itself is a party.
5. That the Security Council does not entertain India's contention is evident from all of its resolutions generally and from the one adopted on 24 January 1957 [S/3779], particularly.
6. The decision of the Security Council to continue consideration of the dispute is in itself conclusive proof of the fact that at no stage did it ever consider the dispute to fall within the domestic jurisdiction of either India or Pakistan.
7. As the statements made and the positions taken by the representatives of the Governments of India and Pakistan since 1948 remain on the records of the Security Council. I will, in the interests of brevity and in order to avoid repetition, abstain from citing them. What, however, I propose to do is to quote from the public statements of no less a person than the Prime Minister of India himself relating to the overall issue and its constituents. These statements, which appear as an annex to this letter, are in fact the commitments publicly made on his word of honour to the world by the Indian Prime Minister and from which the Government of India, through its permanent representative, is now trying to wriggle out.
8. Is it not a mockery of the Charter to go back upon all those commitments, both national and international and to say now, as the permanent representative of India has done in paragraph 8 of his letter of 6 July, 1958 [S/4042], that "there can be no question that the type of interest which the acting permanent representative of Pakistan is taking in the domestic affairs of India is in violation of Article 2, paragraph 7, of the United Nations Charter"?
9. It will no doubt be appreciated that we are putting it mildly when we react to India's behaviour by describing it as highly provocative,
10. I repeat that we shall not allow ourselves to be browbeaten. We shall not allow India to get away with the liberty and freedom of a people. Pakistan, having reaffirmed its faith in fundamental human rights, in the dignity and worth of the human person, in the equal rights of men and women and of nations large and small, shall give no quarter and ask for none in establishing and upholding the cause of the downtrodden Kashmiris.
11. I request that this communication, together with its annex, be circulated as a Security Council document and brought to the notice of the members of the Council. (Signed) R.S. CHHATARI
Acting Permanent Representative of Pakistan to the United Nations
ANNEX
A. The question of Jammu and Kashmir is not within the domestic jurisdiction of India so as to invoke Article 2, paragraph 7, of the Charter:
"... It is an international problem and would have been an international problem anyhow if it concerned any other nation. besides India-and it does. Its international character was further emphasised because a large number of other countries took an interest in the problem and gave advice."
"... I fail to understand this cry about our withdrawing the Kashmir dispute from the United Nations. It is not like withdrawing a case from one law court and taking it to another. The United Nations is not merely to be considered a forum dealing with the Kashmir question. The question is before the nations of the world, whether they are united or not and whether they are a forum or not. It is an international matter and a matter which is in the minds of millions of men." Jawaharlal Nehru
Statement in the Indian Parliament, 7 August, 1952
"What is happening in Kashmir is certainly our concern, but we should remember Kashmir has become an international question. The whole dispute about Kashmir is still before the United Nations. We cannot just decide things concerning Kashmir. We cannot pass a Bill or issue an order concerning Kashmir or do whatever we want...."
Jawaharlal Nehru
Speech at public meeting at Kolhapur, 29 April 1952
(The Statesman, 1 May, 1953).
"In Kashmir we have to deal with a very difficult and delicate situation, the decision on which ultimately lies with a few million people in Kashmir, not even with this Parliament. "... India is a great country and Kashmir is almost in the heart of Asia. There is an enormous difference, not only geographically but in all kinds of factors there. Do you think you are dealing with a part of U.P. or Bihar or Gujarat?".
Jawaharlal Nehru
Statement in the Indian Parliament, 26 June 1952 (Hindustan Times, New Delhi, 27 June 1952)
"With all deference to this Parliament, I would like to say that the ultimate decision will be made in the minds and the hearts of the men and women of Kashmir and not in this Parliament or at the United Nations.....
"Let me say clearly that we accept the basic proposition that the future of Kashmir is going to be decided finally by the goodwill and pleasure of her people. The goodwill and pleasure of this Parliament is of no importance in this matter, not because this Parliament does not have the strength to decide the question of Kashmir, but because any kind of imposition would be against the principles that this Parliament upholds...."
Jawaharlal Nehru
Statement in the Indian Parliament, 7 August 1952
"Kashmir is not the property of either India or Pakistan, It belongs to the Kashmiri people. When Kashmir acceded to India, we made it clear to the leaders of the Kashmir people that we would ultimately abide by the verdict of their plebiscite. If they tell us to walk out, I would have no hesitation in quitting Kashmir...."
"We have taken the issue to the United Nations and given our word of honour for a peaceful solution. As a great nation, we cannot go back on it. We have left the question for a final solution to the people of Kashmir and we are determined to abide by their decision."
Report of public speech by Mr. Nehru in Calcutta on 1 January, 1952, published in Amrita Bazar Patrika, Calcutta, 2 January, 1952
"I wish to assure you that action Government of India has taken has been forced upon them by circumstances and imminent and grave danger to Srinagar. They have no desire to intervene in affairs of Kashmir State after raiders have been driven away and law and order established. In regard to accession also it has been made clear that this is subject to reference to the people of the State and their decision. Government of India have no desire to impose any decision and will abide by people's wishes but those cannot be ascertained till peace and law and order prevail."
Jawaharlal Nehru
(In telegram No. 413 dated 28 October, 1947 to the Prime Minister of Pakistan)
"We had given our pledge to the people of Kashmir, and subsequently to the United Nations; we stood by it and we stand by it today. Let the people of Kashmir decide."
Jawaharlal Nehru
Statement in the Indian Parliament, 12 February 1951
"In the nature of things at the present moment, it is necessary to consider the case of Jammu and Kashmir State on a somewhat different footing from the other States in India. This is inevitable because Kashmir has become an international issue in the last few years."
Jawaharlal Nehru Statement in the Indian Parliament, 7 August, 1952 B. Pakistan is an essential party to the question of the future of Jammu and Kashmir:
"Our assurance that we shall withdraw our troops from Kashmir as soon as peace and order are restored and leave the decision regarding the future of this State to the people of the State is not merely a promise to your Government but also to the people of Kashmir and to the world."
Jawaharlal Nehru
In telegram No. 225, dated 31 October, 1947, addressed to the Prime Minister of Pakistan
"It will thus be seen that our proposals which we have repeatedly stated are (1) that Government of Pakistan should publicly undertake to do their utmost to compel the raiders to withdraw from Kashmir; (2) that Government of India should repeat their declaration that they will withdraw their troops from Kashmir soil as soon as raiders have withdrawn and law and order are restored; (3) that Governments of India and Pakistan should make a joint request to U.N.O. to undertake a plebiscite in Kashmir at the earliest date."
Jawaharlal Nehru
In telegram No. 304 Primin, dated 8 November, 1947, addressed to the Prime Minister of Pakistan
"Ultimately, the final decision of settlement which must come has first of all to be made basically by the people of Kashmir and, secondly, as directly." between Pakistan and India
Jawaharlal Nehru
Statement at a press conference in London, 16 January, 1951 (The Statesman, 18 January, 1951)
C. The pledge to put the question of the future of Kashmir to the decision of its people through a fair and impartial plebiscite under the auspices of the United Nations is the overriding commitment:
"Kashmir's accession to India was accepted by us at the request of the Maharaja's Government and the most numerously representative popular organization in the State, which is predominantly Muslim. Even then it was accepted on condition that as soon as the invader had been driven from Kashmir soil and law and order restored, the people of Kashmir would decide the question of accession. It is open to them to accede to either Dominion then."
Jawaharlal Nehru
In telegram No. 255 dated 31 October, 1947, addressed to the Prime Minister of Pakistan
"In regard to accession also, it has been made clear that this is subject to reference to people of State and their decision."
Jawaharlal Nehru
In telegram No. 413 dated 28 October 1947, addressed to the Prime Minister of Pakistan
"I have repeatedly stated that as soon as the raiders have been driven out of Kashmir or have withdrawn and peace and order have been established, Kashmir should decide question of accession by plebiscite or referendum under international auspices such as those of United Nations."
Jawaharlal Nehru
In letter No. 368 Primin, dated 21 November, 1947, addressed to the Prime Minister of Pakistan
"I should like to make it clear that question of aiding Kashmir in this emergency is not designed in any way to influence the State to accede to India. Our view, which we have repeatedly made public, is that the question of accession in any disputed territory or State must be decided in accordance with wishes of people and we adhere to this view."
Jawaharlal Nehru
In telegram No. 402-Primin-2227, dated 27 October, 1947, to the Prime Minister of Pakistan, repeating telegram addressed to the Prime Minister of the United Kingdom.
"We have declared that the fate of Kashmir is ultimately to be decided by the people. That pledge we have given not only to the people of Kashmir but to the world. We will not and cannot back out of it."
Jawaharlal Nehru Broadcast to the nation. All-India Radio, 3 November 1947 "The Government of India are firmly of the view that whatever sovereign rights reverted to these States on the lapse of paramountcy, they vest in the people, and conditions must be created in every State for a free and unfettered exercise of these rights."
White Paper on Hyderabad, issued by the Government of
India, dated 10 August 1948
"India has repeatedly offered to work out with the United Nations reasonable safeguards, to enable the people of Kashmir to express their will, and is always ready to do so.
"We have always, right from the beginning, accepted the idea of the Kashmir people deciding their fate by referendum or plebiscite....
"In fact, this was our proposal long before Pakistan came into the picture and long before the United Nations came into the picture.
"Of course, it must be remembered that we (India and Pakistan) have reached a great deal of agreement already. What I mean is that many basic features have been thrashed out. We all agreed that it is the people of Kashmir who must decide for themselves about their future externally or internally. It is an obvious fact, that even without our agreement, no country is going to hold on to Kashmir against the will of the Kashmiris."
Jawaharlal Nehru
Statement at a press conference in London, 16 January 1951 (The Statesman, 18 January 1951)
"While the accession (of the Jammu and Kashmir State to India) was complete in law and in fact, the other fact which has nothing to do with law also remains: namely, our pledge to the people of Kashmir-if you like, to the people of the world that this matter can be affirmed again or cancelled by the people of Kashmir according to their wishes."
Jawaharlal Nehru Statement in the Indian Parliament, 7 August 1952 "The Kashmir dispute was specially discussed at some length. It was their firm opinion that this should be settled in accordance with the wishes of the people of that State with a View to promoting their well-being and causing the least disturbance to the life of the people of the State. The most feasible method of ascertaining the wishes of the people was by fair and impartial plebiscite."
Joint press communique of the Prime Ministers of India and Pakistan, issued in New Delhi after their meeting on 20 August 1953
(Source: UN Document No. 4092).