30121970  Letter dated 30 December 1970 from the representative of India S. Sen to the President of the Security Council

 Letter dated 30 December 1970 from the representative of India S. Sen to the President of the Security Council

I have the honour to transmit the text of two notes dated 19 October and 19 December 1970, addressed to the Government of Pakistan in reply to that Government's notes of 29 August and 9 November 1970, respectively, and to request that it may be circulated as an official document of the Security Council.

(Signed) S. SEN Permanent Representative of India to the United Nations

NOTE NO. PV/102/33/70, DATED 19 OCTOBER 1970, FROM THE MINISTRY OF EXTERNAL AFFAIRS OF INDIA TO THE HIGH COMMISSION OF PAKISTAN IN INDIA

The Ministry of External Affairs presents its compliments to the High Commission of Pakistan in India and has the honour to refer to note No. 1N(4)-6/6/70 dated 29 August 1970 from the Ministry of Foreign Affairs, Government of Pakistan.

Despite the fact that the State of Jammu and Kashmir is an integral part of India, Pakistan continues to remain in illegal occupation of about 32,500 square miles of the State, as a result of repeated aggression by Pakistan in the past. Hence, the only issue to be settled in Kashmir is the situation arising out of this illegal occupation by Pakistan. The Government of India is of the view that this situation can best be settled bilaterally and through peaceful means and has, on more than one occasion, expressed its willingness to discuss with Pakistan all issues between the two countries, including the situation created by Pakistan's illegal occupation of about 32,500 square miles of Indian territory in the State.

The Government of India is aware of the view of the Government of Pakistan that there cannot be any normalisation or improvement of relations between the two countries. unless Pakistan's demands in Kashmir are satisfied. It is the considered view of the Government of India, however, that, while all outstanding issues between to two countries should be discussed peacefully and bilaterally with a view to arriving at amicable solutions, the normalisation of relations between. the two countries would create conditions in which long outstanding questions could be seen and dealt with in a better perspective. The restoration of contacts and the development of cooperation between the people of the two countries would lead to a gradual improvement in the atmosphere and would be conducive to the solution of pending issues.

It may be mentioned that the issue before the Security Council of the United Nations is the continuous illegal and forcible occupation by Pakistan of a part of the Indian State of Jammu and Kashmir and the situation arising therefrom. It is an incontestable principle that aggression cannot give any. right to the aggressor over areas under its illegal occupation. Hence, Pakistan cannot possibly have any pretensions to any locus standi in regard to matters concerning the State of Jammu and Kashmir.

NOTE NO. P(V) 102/33/70, DATED 19 DECEMBER 1970, FROM THE MINISTRY OF EXTERNAL AFFAIRS OF INDIA TO THE HIGH COMMISSION OF PAKISTAN IN INDIA

The Ministry of External Affairs presents its compliments to the High Commission of Pakistan in India and has the honour to refer to note No. IN (4) 6/6/70 dated 9 November 1970, from the Ministry of Foreign Affairs, Government of Pakistan.

The Government of Pakistan is aware that the State of Jammu and Kashmir in its entirety became part of India as a result of its accession to India in 1947. This fact cannot be altered by misrepresentations by anyone.

There remains the question of Pakistan's illegal occupation of about 32,500 square miles of Indian territory in the State. The Government of India has expressed its readiness to discuss this question and all other issues between the two countries peacefully and bilaterally and hopes that Pakistan will adopt a co operative and realistic approach and peacefully end its illegal presence on Indian territory in Kashmir.

As has already been pointed out by the Government of India, the views and opinion of the Government of Pakistan in regard to the United Nations Commission to India and Pakistan resolutions of 1948 and 1949, are entirely without substance.

(Source: UN Document no. S/10066).