India s White Paper on Jammu and Kashmir Introduction
India's White Paper on Jammu and Kashmir Introduction
The State of Jammu and Kashmir is situated in the extreme north of the Indian sub-continent covering an area of 84,471 square miles, and is the largest of the Indian States. It consists of three Provinces-the Frontier Districts, Kashmir Province, and Jammu Province which includes the Jagirs of Poonch and Chenani. To the north east it is bordered by Tibet, to the north by Chinese Turkestan (Sinkiang) and to the north-west by the Soviet Republic of Turkestan and Afghanistan. To the West it borders Pakistan and to the South, Pakistan and India.
The country is almost entirely mountainous, and it may be geographically divided into three areas: Tibetan and semi- Tibetan tracts in the north, containing the districts of Ladakh and Gilgit; the middle region of the "Happy Valley" of Kashmir; and the large level areas of Jammu in the South. These three regions are divided from each other by the snow bound outer Himalayan ranges.
Srinagar is the summer, and Jammu, the winter capital of the State. The Jhelum Valley road connects Srinagar with Pakistan via Rawalpindi and Abbottabad. The Banihal Road provides a link between Srinagar and Jammu over the Banihal Pass. From Jammu one road leads to Sialkot in the Pakistan. Province of the West Punjab, and another to Pathankot in the East Punjab (India).
According to the census of 1941, the total population of the State was 4,021,616. This was made up of Muslims 77.11 per cen.; Hindus 20.12 per cent.; Sikhs, Buddhists and others 2.77 per cent. The majority of the Hindus are found in Jammu district, and Srinagar city also has a fairly large Hindu population.
The present dynasty, represented by Maharaja Sir Hari Singh, has ruled the Jammu and Kashmir State, as at present constituted, for just over a hundred years, by virtue of the Treaty of Amritsar of 1846, concluded by Raja Gulab Singh with the British. At that time Gulab Singh held Jammu, Ladakh and Baluchistan, while Kashmir and Gilgit were under the Sikh rulers of Lahore. With the defeat of the Sikhs in the Punjab by British forces, the Kashmir and Gilgit territories, held by them, were transferred to the present dynasty. According to the Imperial Gazetteer, "The general and practical result, therefore, of the Treaty of Amritsar was to confirm Gulab Singh in what he already possessed, and to transfer to him the Province of Kashmir with its newly acquired authority over Gilgit."
PART I
EVENTS LEADING UP TO THE ACCESSION OF JAMMU AND KASHMIR TO INDIA
Jammu and Kashmir, until August 15th, 1947, was an autonomous State in treaty relations with, and subject to the Paramountcy of, the Crown of England. Like other Indian States, it had, however, no international existence. On that date, the Indian Independence Act came into force, and the new Dominions of India and Pakistan came into being. The Indian States became free to decide whether they would accede to one or the other of the two Dominions. The position of the Indian States on the transfer of power was made clear in His Majesty's Government's Declaration of June 3rd, 1947, supplemented by the Statement issued by the British Cabinet Mission on May 16th, 1946. A large number of States acceded to the Dominion of India, and copies of the Instrument of Accession, as well as of the Standstill Agreement governing the administrative arrangements between the States and the Government. of India until the new Constitution should come into force in India, are appended. The State of Jammu and Kashmir announced its intention of negotiating Standstill Agreements with both India and Pakistan. In fact, however, the State signed a Standstill Agreement only with Pakistan and entered into no agreement with the Government of India, prior to its accession on October 26th, 1947.
The object of the Standstill Agreement was to provide for the continuance of economic and administrative relations between the State and Pakistan on the same basis as had existed before the creation of the new Dominions. Nevertheless, in an effort to coerce the State into accession to Pakistan, the Pakistan authorities cut off supplies to Kashmir of food, petrol and other essential commodities, and hindered the free transit of travellers between Kashmir and Pakistan. Economic pressure was thus applied simultaneously with military pressure in the form of border raids. Conditions in the State were made more difficult by the communal disturbances which broke out in the two Punjabs after the announcement of the partition. There was a large influx of refugees into the Southern districts of the State, and the State became a channel for the passage of Muslim refugees moving from East Punjab to West Punjab and for non-Muslims moving in the opposite direction.
Preliminaries to the invasion of Kashmir and Jammu, which finally decided the Maharaja and his people to accede to the Indian Dominion, began soon after the partition on August 15th. On the 29th of August, 1947, the Maharaja of Kashmir received a telegram from one Raja Yaqub Khan on behalf of the public of Hazara, alleging attacks on Muslims in Poonch, and informing him that the Hazara Muslims were "much perturbed". The telegram continued "We are ready to enter the State fully equipped to fight with your Forces. You are requested to ease the situation soon, otherwise be ready to bear the consequences``. Throughout the month of September, reports of infiltration into the State territory from the border districts of Pakistan continued to come in. The State Government made representations to the authorities of those districts. The representations brought denials, but no action. On the 31st of August 1947, Major-General Scott, General Officer Commanding, Jammu and Kashmir State Forces, submitted a report regarding the situation in the State About Poonch he said "Damaged communications. Telegraph and wireless are under repair. Hostile casualties 20 to 50". He continued "Army action to be confined to maintaining order and arresting persons known or suspected of rioting, looting, murder or inciting. No reason to think that troops had acted otherwise". He also reported "situation in Hazara and Rawalpindi areas was very unsatisfactory. There is little doubt that the recent disturbances in Bagh Tehsil were led by armed gangs from Pakistan. Exaggerated reports of events in Poonch circulated in these Pakistan districts in which State troops are cited as the aggressors. Possibility, even probability, of further intervention in much greater force must be provided against ''. On the 4th of September, Major-General Scott reported that "500 hostile tribesmen wearing green and Khaki uniforms, and leather and web equipment" were seen. A protest in the following terms was made direct to the Pakistan Army and to General O. de T. Lovett, Officer Commanding 7th Infantry Division. "Gangs sattis armed estimated 200 to 300 from Tehsils Kahuta and Murree (both in Pakistan) raiding State territory for loot, murder, and crossing Jehlum river in area Panjar and seven miles north and south of Owen Ferry. Please take immediate action to prevent and recall". On the 12th of September, Major-General Scott reported that "Quiet and confidence was being restored in Poonch Jagir''. However, early in October, activities by armed men in uniform in various districts of nch were again reported, On the 4th of October, raiders armed with Tommy guns were reported in the Chirala area, and more raiders were seen passing to the Jhelum river. Fighting was also reported. between the raiders and States Forces from Bagh in the Rawalkot area.
Similar activity was observed in Mirpur. Fort Owen was besieged and was evacuated by State troops on the 15th of October. Four to five thousand raiders in green uniforms were observed. On the 18th October, the Kotli-Poonch road was breached and heavy fighting took place. From Bhimbhar, large-scale offensive preparations across the border in Pakistan, including movement of lorries, was seen. On the 20th of October, the Wazir of Mirpur sent a message that armed men were gathering opposite Chechiam and Mangla. On the 22nd, he reported that raids on Owen were being methodically carried out. On the 23rd of October, heavy fighting was reported from Kotli which had, by now, been completely cut off from Poonch by road blocks put up by the "raiders".
On the 24th of October, 1947, the Government of India received the first request for military aid from the Government of the Jammu and Kashmir State. At that time the Government of India had no agreement, military or political, with the State. A document signed by the British Chiefs of Staff of the Indian Armed Forces states that on the 24th of October information of the capture of Muzaffarabad was received by the Commander-in-Chief in India. No plans for sending troops to Kashmir had up to that time been considered by the Indian Army. On the 25th the Government of India directed the preparation of plans for sending troops to Kashmir by air and road. Indian troops were sent to Kashmir by air on the 27th, following the signing of the Instrument of Accession on the previous night.
The accession was legally made by the Maharaja of Kashmir, and this step was taken on the advice of Sheikh Abdullah, leader of the All-Jammu and Kashmir National Conference, the political party commanding the widest popular support in the State. Nevertheless, in accepting the accession, the Government of India made it clear that they would regard it as purely provisional until such time as the will of the people of the State could be ascertained.
PART II
THE INVASION
The main attack on State territory began in the third week of October. Major Khurshid Anver, who led the frontier tribesmen in the attack on Srinagar, describes the strategy of this attack. In an interview to the Dawn newspaper (Karachi) reported on December 7th, he said that the attack on Kashmir was originally planned from two sides-one from the regions adjoining Kashmir State and the tribal belt that is on the West, and the other from the border districts to the Southern Pakistan. 'D' day was actually fixed for October 21st, but the attack could not be launched till the next day. Major Anver then describes the progress towards Srinagar along the Kohala Baramulla road. The main column made considerable progress on the Kohala-Baramulla road, fanning out and devastating the villages and towns on either side. Uri fell to the radiers, and on October 27th or 28th they captured Baramula, and indulged in an orgy of rape, arson and looting. Women were abducted, and a large number are held in a concentration camp at Alibeg in terrible conditions. Alibeg is in Kashmir State territory and is run by the Azad Kashmir Government ''. Originally it had over a thousand Kashmiri women of all religions. Of these only a couple of hundred have survived. The road to Srinagar now lay open before the raiders.
Faced with this threat, the Maharaja of Kashmir approached the Government of India for assistance on the 24th of October. On the 26th, the State formally acceded to India. On October 27th, the first contingent of Indian airborne troops landed in Srinagar in the morning. However, it is not until reinforcements had arrived that the Indian troops could attack the raiders who had advanced to Pattan, only 17 miles from Srinagar. On November 8th, assisted by armoured vehicles and planes of the Royal Indian Air Force, Indian troops recaptured Baramulla. They found the town completely ruined. An account of the raiders' activities in Baramulla will be found in the Documents. appended. Continuing their advance along the difficult road from Baramulla to Uri, Indian troops found the Mahoora Power House, which supplied the whole of the Srinagar valley with electricity, efficiently wrecked by the raiders. Indian troops. captured Uri on November 15th, and removed any serious threat to Srinagar and the surrounding valley. This can be regarded as the end of the first stage of the Kashmir operations. The second task of the Indian troops was to free large areas in Jammu Province which had been overrun by the tribesmen. The latter had surrounded the towns of Mirpur, Kotli, Poonch, Jhanger, Nowshera and Bhimbhar. Within the towns small State garrisons were holding out. Winter having set in, Indian troops could advance only slowly on the narrow, fair-weather roads connecting Jammu City with these areas. Nowshera, Jhanger and Kotli were relieved but the Mirpur garrison could not be helped, and finally part of the garrison managed to fight its way out with some of the civilian refugees. In the third week of December, over 5,000 raiders stormed Jhanger which was held by about 200 Indian troops. Encouraged by this local success, the raiders attacked Nowshera in force, but were beaten back. Since then, Indian troops have been clearing the surrounding area of the raiders. They have succeeded in widening their perimeter of operations and are carrying out offensive patrols to clear the countryside of raiders and protect their own lines of communication. Recent operations around Nowshera have shown that the composition of the attacking force is approximately as follows:
70 percent. Pathans and Muslims from Dir and Swat States;
20 percent. deserters from State Forces;
5 percent. from Poonch and 5 per cent. Sundas.
These figures have been calculated from dead bodies counted by the Indian Army. At present some 86,000 to 88,000 Pathans are engaged in the "Jehad ''. Of these 73,000 to 75,000 are concentrated in various centres in Pakistan and approximately 13,000 are engaged in Kashmir.
Concentrations of Pathans in Pakistan are reliably understood to be as follows.
Abbottabad 6,000 8,000
Kohat Pass 10,000
Rawalpindi 5,000
Sargodha 7,500
Gujjarkhana 4,000
Jhelum 5,000
Gujarat 10,000
Wazirabad 8,000
Chak Avnru 2,200
Sialkot 3,500
Nirala Head 2,000
Shakargarh 700
Chak Sukho 200
Wagah 200
Lahore 3,000
Chak Pundara-Sahoti 8,000
Approximate Total: 73,000-75,000
Indian troops in Kashmir are not, as is believed in some quarters, composed only or mainly of Sikh troops. There are a certain number of them, as the Indian Army includes men from all religions and castes, including Muslims. Among the Indian troops operating in Kashmir are men drawn from the Mahratta, Madrasi, Kumaoni, Mahar, Rajput, Garhwali, Dogra, Jat, Ahir and other regiments. One of our most successful officers in the campaign has been a Moslem, Brigadier Osman. Since Indian troops arrived in Kashmir and Jammu, they have carried out their instructions of promoting and maintaining communal harmony. The Indian Air Force has played a notable part in reconnaissance, the supply and transport and in offensive support of our troops.
As has been stated by the Prime Minister of India on numerous occasions, the task of Indian troops is to clear the raiders from, and restore peace to Kashmir, as this is necessary to the holding of a plebiscite or a referendum by the people of Kashmir to decide finally as to which dominion they will accede. Indian troops are continuing to fulfil this task.
PART III
COMPLICITY OF PAKISTAN IN THE INVASION OF KASHMIR
There is abundant circumstantial evidence to show that Pakistan has aided and abetted the "Tribal invasion of Kashmir and Jammu. Both official and unofficial organisations are implicated, though the Pakistan Government has officially disowned the invaders operating from bases in its territory. Pakistan's Foreign Minister, Sir Mohd. Zaffrullah Khan, has expressed before the Security Council the inability of his Government to prevent attacks on Kashmir and Jammu, legally part of the Indian Union.
2. This evidence of complicity is based on moral and material aid, on assistance both active and passive given to raiders, in Pakistan.
3. There are some 13,000 Pathans operating in Kashmir today, and they include Waziris, Mehsuds and Mohmands, In Pakistan there are approximately 75,000 tribesmen, concentrated in Punjab districts, many of them bordering on Kashmir or Jammu,
4. Many of the invading tribesmen were recruited by officials of the North-West Frontier Province Government and incited to "Jehad" by the Premier of the Province, ably assisted by the Pirs of Manki Sharif and of Wana, and various Maliks, Tribes men are collected and harangued with tales of Dogra atrocities. on the Muslim inhabitants of Kashmir. The Pir of Wana, for example, one of the most successful recruiting agents, after addressing tribesmen, feasts them, and then sends them to meet the Deputy Commissioner of Dera Ismail Khan. Having been addressed by the Deputy Commissioner, the tribesmen visit the Superintendent of Police, Dera Ismail Khan and pick up rifles and ammunition. Thus armed, they return to the Pir who again speaks to them. Next day, incited to war and tempted by promises of loot in Kashmir, they leave in lorries for their bases.
5. In addition to these acts of official connivance, leaders of the Muslim League party openly canvass aid for the raiders. Meetings are held in the main towns, and addressed by the local leaders as well as members of the "Provincial Government" of Kashmir and Jammu. These facts are based on information gathered from independent news reports by British and American correspondents as well as from other reliable.
sources. Some of these press reports are appended to these papers.
6. At a press conference at Peshawar on the 1st of November, the Premier of the N. W.F.P., Khan Abdul Qayum Khan, appealed to the Arab League to call a Pan-Islamic Conference to meet the common danger to Islam which had arisen with the Indian Dominion's "Invasion of Kashmir" He continued that Muslims did not recognise that there was any difference between the Muslims of Pakistan and those of Afghanistan, Iran or any other Muslim country of the world. He added that the time had come when they should rise or fall together. Referring to Kashmir, he said that the Muslim nation had been outraged by the action taken by the Maharaja of Kashmir in acceding to the Indian Dominion. He urged the Pakistan Government to recognise the Provincial Azad Government. In a press statement issued two days earlier, the Premier of the N. W.F.P. had declared that the Pathans were determined to die to the last man for Kashmir, which was a Muslim majority State and "belonged to Pakistan as a matter of right". He appealed to every Muslim in Pakistan "to get ready to face the situation". He said that the Pathans would not allow that "invasion" of Kashmir by India. "I can give this assurance with confidence because I have got my hands on the pulse of the Pathans of the tribal areas and the N. W.F.P.''
7. Communiques of the "Provisional Kashmir Government '' are broadcast by the Pakistan radio, which is a Government organisation and inflammatory statements designed to assist the raiders are also used. The Pakistan Press publishes communiques of the Indian Government under the headline Enemy Version".
8. A large proportion of the raiders come from the Frontier Province and tribal areas. They do not come in driblets but travel hundreds of miles through Pakistan in large groups along the main roads, and over bridges guarded by Pakistan troops.
9. The daily attacks on Kashmir and Jammu are launched from bases which are without question in Pakistan. Rawalpindi is one of the main centres and the head of the Azad Provisional Government has offices there. Many of these raiders are concentrated in various towns in Pakistan: Sargodha with about 7,500, Abbottabad with 6,000 to 8,000, Wazirabad with 8,000 and Jhelum with 5,000. These serve as supply depots and training centres. Here the raiders rest and recuperate, replenish their supplies and sell women and other loot captured in the raids. Wounded raiders are also treated in hospitals and dispensaries in these towns. It is not without significance that some of these towns are important Cantonments of the Pakistan Army.
10. In transit through Pakistan the raiders are assisted with the supply of transport and petrol. Neither the lorries nor the fuel could possibly be available to the tribesmen except through the knowledge and assistance of officials of the Pakistan Government. Petrol is a rationed commodity, and has to be supplied against coupons issued by district officials. While civilians in Pakistan find it difficult to obtain petrol, there is no difficulty so far as the tribesmen are concerned. In the N. W.F.P., the export and movement of motor vehicles is regulated under Section 3 of the N. W.F.P. Essential Articles Control (Temporary Powers) Act of 1947. Transportation of motor vehicles, other than those used by the Military, is not allowed except on permits issued by the Director of Civil Supplies. Vehicles belonging to the raiders have been found to have Pakistan number plates; those damaged in action have been observed under repair in workshops in Rawalpindi.
11. Much of the modern equipment used by the raiders cannot be of tribal manufacture and must come from Military stores of the Pakistan Government. The raiders' armoury includes light machine guns, mortars, mines, signal equipment and wireless sets with batteries. These have been used in quantities far exceeding those lost by the Indian and Kashmir State Forces. As the fighting in Kashmir has progressed, the numbers of raiders has increased and the quality of their equipment has improved. Radio messages from the raiders' advanced bases asking for supplies of food and ammunition have been intercepted. The codes employed in these messages are among those used by the Indian Army before partition. These codes are in the possession of the Pakistan Army and were never published. Furthermore, tribesmen and peasants would not have the necessary technical skill to operate wireless transmitters.
12. From the tactics employed in the fighting it is evident. that the raiders have received training in modern methods of warfare. Soldiers of the Indian Army have identified former. comrades, now serving in the Pakistan Forces, among the raiders. It is known that Pakistan Army personnel, ostensibly. on leave, are fighting with the raiders.
PART IV
INDIA'S OBJECTIVES
In Kashmir, as in other similar cases, the view of the Government of India has been that in the matter of disputed accession the will of the people must prevail. It was for this reason that they accepted only on a provisional basis the offer of the Ruler to accede to India, backed though it was by the most important political organisation in the State.
2. The question of accession is to be decided finally in a free plebiscite; on this point there is no dispute. It is, however, impossible to hold a plebiscite so long as the State is infested by freebooters from outside. The only purpose for which Indian troops are operating in Kashmir is to ensure that the vote of the people will not be subject to coercion by tribesmen and others from across the border who have no right to be in Kashmir. Since the State is now part of India, these troops have a legal and a moral obligation to defend it. Nevertheless they will be progressively reduced after the raiders have left State territory, normal conditions have been restored and the risk of recurrence of aggression from outside has ceased. As the Government of India have repeatedly made clear, there is to be no victimisation of any native of the State, whatever his political views or affiliations may be, and no Kashmiri will be deprived of the right to vote.
3. Form the first, the Government of India have been concerned to emphasise these objectives, and it was to this end that they repeatedly invited representatives of Pakistan to discuss the matter with them. When efforts to secure a satisfactory settlement by direct negotiation with Pakistan had. failed and the activities of large numbers of tribesmen in Pakistan, aided and abetted by Pakistan, intensified the military pressure on Jammu and Kashmir State and became a threat to India itself, the Government of India, as a last resort, appealed to the Security Council of the United Nations to call upon Pakistan to cease its unneutral action in the interests of peace between the two countries.
PART I
DOCUMENTS
(1)
Karachi, December 7th.-Major Khurshid Anver, the 42 year-old Naib-Salare-e-Aala, Muslim League National Guards, who led the Frontier tribesmen in the attack on Srinagar, in an exclusive interview to Dawn on Saturday gave a graphic description of how the attack was conducted and the reasons for the withdrawal of the tribesmen from Srinagar.
Major Khurshid Anver was very bitter against the Pakistan Government for not having rendered any assistance to the tribesmen in their heroic bid to capture Srinagar.
He was of the opinion that given the necessary arms and ammunition, the tribesmen would sweep the whole State within a few days.
Major Anver said he was organising the tribesmen and that he hoped to have a standing army of 200,000 within a period of six months.
Giving a resume of the Kashmir campaign, Major Anver said that the attack on Kashmir was originally planned from two sides-one from the regions adjoining Kashmir State in the tribal belt and the other from the Pakistan border. While the frontier tribesmen's attack materialised, the other one did not, (also in Pakistan). Dawn-the leading Muslim League daily newspaper.
owing to various obstructions placed by the Pakistan Government in the way of the attackers. The "D" day was actually fixed for October 21st, but the attack could not be launched till the next day. The disposition of the 4,000 men at the disposal of Major Anver was arranged by him in the following manner:-from Garhi Habibullah one detachment of 500 men and another of 450 men were moved in parallel columns towards Garhi, a place east of Domel and Bhatika respectively. The main column of 2,000 men moved with Major Anver on the road to Muzaffarabad. Three detachments of 200 men each were deputed to attack from the Western side, after crossing the river Jhelum on the northern side of the Kohala bridge. The remaining few hundreds were to cross the river on the southern side of the Kohala bridge and contact the three detachments attacking from the West. The main column met with slight opposition at Ramkot on the road to Muzaffara bad.
The first stiff opposition they met was at Muzaffarabad where there was a full battalion of Dogra troops stationed between Muzaffarabad and Domel. The bridge between Muzuffarabad and Domel was an important link, which if blown up would have been the end of the offensive. The tribesmen cleverly captured the bridge and then set up a picket on the Muzaffarabad side of the bridge from where they attacked the Domel garrison with gunfire.
After a daylong fight they captured Domel on the evening of October 23rd. Some of the Kashmir State troops escaped up the hills. The next two days witnessed the fall of Garhi, a place about 25 miles south-east of Domel, and Chinari, another 25 miles down the road to Srinagar.
On November 26th, the main column had moved up from Chinari towards Uri. It was at Uri that they encountered the first Sikh Regiment of Patiala State. The tribesmen routed these Sikh soldiers also, who on their retreat blew up the bridge controlling the roads to Poonch as well as Srinagar. The next two days were spent in diversion from the bridge towards Mahoora, where there was a big power house.
It was at Mahoora that the Daily Express correspondent, Sydney Smith, and another Englishman were captured by the tribesmen. Major Anver arranged for them a safe return to Abbottabad. Major Anver had been leaving behind some of his men at the various places to hold the conquered positions.
The detachments which he had sent got stuck up near Garhi and could not contact the main column. The result was that the main column was being depleted every day.
It was with a few hundred veterans that the attack on Pattan was made on October 31st. Here they encountered air bombing by Indian Union planes and machine-gunning by fighters. The tribesmen lost heavily in transport, vehicles and ammunition. Pattan was, however, captured, but it was considered absolutely impossible to proceed on the straight road to Srinagar.
Leaving behind Major Aslam at Pattan, Major Anver with a small force of 250 men took a circuitous route to Srinagar via Achham. He had to leave behind 230 men on the way and with only 20 men he reached Achhgam, a village about a mile from Srinagar airfield and about six miles from the city. At Achham, there were three battalions of the Kumaon Regiment and Major Anver and his men, acting on the principle "discretion is the better part of valour", hid. themselves in the adjoining fields. The Indian Union troops. had got the scent of their presence and they arranged six pickets on the top of the hill overlooking Achham and Belgaum, another adjoining village. The valiant 20 managed to get into a double storeyed house in Belgaum. Six were deputed to shoot at those manning the machine guns on the top of the hill, the moment any gunner showed up. A party of 11 men with Major Anver went up the hill during the dark hours of the night and the hand-grenades on the pickets blowing up three of the pickets.
Flushed with this unexpected victory, the Major now thought of an immediate dash to the airfield. But his forces at Pattan having failed to come up, he thought it would be dangerous to stay long in Belgaum as the enemy could at any moment return with reinforcements from the airfield. So Major Anver returned to Pattan only to find that it was in the hands of the enemy and that his forces had withdrawn.
He went to Baramulla, got reinforcements and re-attacked Pattan and recaptured it on November 5th. By this time he had about 2,000 men again under his command. On November 5th and 6th there were indecisive skirmishes on the outskirts of Srinagar. But, in the meantime armoured car units of the Indian Union had arrived and an air offensive was launched in full strength. The tribesmen suffered casualties and they could not even pick up their dead. The Mountain Battery of the Indian Union had reached Srinagar and the tribesmen had to retreat. As the stretch of territory from Baramulla to Pattan was open country, they withdrew to Uri destroying a bridge near Rampur, thus cutting off the enemy from Uri. Baramulla was now the operational base of the State and Indian Union Forces.
It was on November 10th that Major Anver was hit in the calf by a splinter from a bomb dropped by the Indian bombers. While his driver was saved, his orderly, who was also in the same vehicle, died. He was later removed to Abbottabad for an operation and Colonel Akbar took over the command.
Thereafter, the Major said with a heavy sigh, a new chapter started. All the tribesmen were withdrawn. Some tribesmen returned home while others were still engaged in fighting on the Poonch front.
Major Anver is in Karachi for treatment. (Dawn).
(2) COPY OF A REPORT SUBMITTED BY THE CHIEF OF THE STAFF,
JAMMU AND KASHMIR STATE FOR MAJOR-GENERAL SCOTT, ON 4TH SEPTEMBER 1947, TO THE DEPUTY PRIME MINISTER OF THE STATE.
Reliable reports state that on the 2nd and 3rd September 1947 a band of up to 400 armed Sattis-Muslim residents mainly in Kahuta Tehsil of Rawalpindi District-were infiltra ting into the State over the river Jhelum from Pakistan in the area of Owen (map reference sheet 43/G/10-649508) eleven miles east of Kahuta. Their purpose is looting and attacking minority communities in the State.
Could the Government of Pakistan be asked by urgent telegram to take action to force return of these raiders to the west bank Jhelum river and to prevent further incursions into the State from the Rawalpindi and Hazara Districts.
(3) TELEGRAM, DATED 4TH SEPTEMBER 1947, SENT BY THE PRIME MINISTER, KASHMIR, TO PRIME MINISTER, WEST PUNJAB, LAHORE.
Nearly 400 armed Sattis Muslims residents, mainly of Kahuta Tehsil, Rawalpindi District, reliably reported infiltrating fully armed into the State over river Jhelum eleven miles east of Kahuta. Ostentatiously their purpose is to loot and attack minority communities in the State. His Highness' Government considers this encroachment highly detrimental to maintenance of peaceful relations unless prompt action is taken to force these people back and to prevent further encroachments of this nature. His Highness' Government think that these people are probably unaware of the equal treatment being accorded to all State subjects and of actual help, protection and guarantee of safe passage through the State being extended at the moment to countless Muslim refugees coming over from Shakargarh on their way to West Punjab. Grateful if the above is also brought home to the people of the tract to which intruders belong. Immediate action essential. Intimation of action taken may kindly be given.
A copy of the above telegram was also repeated to the Deputy Commissioner, Rawalpindi.
(4) TELEGRAM, DATED 6TH SEPTEMBER 1947, FROM THE DEPUTY COMMISSIONER, RAWALPINDI, TO THE PRIME MINISTER, SRINAGAR.
Reference your telegram concerning infiltration of armed persons into your territory from Rawalpindi District. I have personally visited Kahuta and have made enquiries from officials of Gujarkhan Tehsil. Your information completely wrong. No infiltration has been seen by any of my officers or village officials anywhere at various points. I do not expect any trouble of any kind. I shall be glad to take action if you are able to furnish anything specific at any time.
(5) TELEGRAM, DATED 9TH SEPTEMBER 1947, FROM THE PRIME MINISTER, KASHMIR, TO THE DEPUTY COMMISSIONER RAWALPINDI.
Your telegram of 6th. Grateful for prompt reply and assurance given. Hope you would agree infiltration is affected more by secret movement than openly and people concerned could only be detected in the territory in which they have infiltrated for operation by officers specially deputed to find them out. Information given to you was based on the observation of responsible military officers.
(6) Jammu, September 23rd.-The Government of Jammu and Kashmir in a communique says that the report published in a section of the Press that Kashmir State had decided to join the Indian Union is "unauthentic".
The communique adds: The position conveyed in a Press Communique issued on August 12th that standstill agreements with both Dominions will be entered into holds good."-A,P.I.
(7) COPY OF A TELEGRAM, DATED 2ND OCTOBER 1947, FROM FOREIGN MINISTER, KARACHI, TO THE PRIME MINISTER, SRINAGAR.
We are willing to do everything we can and are indeed taking steps to see that Kashmir is supplied with essential commodities of which it is in need. It must however be appreciated that certain difficulties stand in our way. Drivers of lorries are, for instance, reluctant to carry supplies between Rawalpindi and Kohala and it is impossible for us to spare troops for this escort. The Government of Pakistan are seriously concerned about reports reaching them to the effect that armed Sikhs are infiltrating into Kashmir State. We would once again impress upon you the need for representatives of Governments of Pakistan and Kashmir to meet and consider the question of supplies, the infiltration of these armed Sikhs, and other outstanding questions, we leave it to you to suggest the venue of this meeting.
(8) TELEGRAM, DATED 3RD OCTOBER 1947, FROM THE MINISTER, EXTERNAL AFFAIRS, JAMMU AND KASHMIR, SRINAGAR, TO FOREIGN, KARACHI.
Your telegram, Grateful for information supplied. Hope you would agree that guarantee to let commodities come in undisturbed will really mean nothing if not accompanied by measures to enable goods to get through. Visitors anxious to return to their homes in the plains suffering mostly for want of petrol. Military escort for taking European families now here could have escorted petrol supply if local authorities had so desired, Government emphatically contradicts news of Sikhs in filtering in Kashmir State. As already intimated, armed people from Rawalpindi, Jhelum and Sialkot raiding State territory. Hundreds of armed people from Murree Hills are operating in Poonch. Government shall be grateful if this effectively put a stop to immediately. Government considers essential that its complaints be removed at once while being equally willing as Pakistan to settle outstanding problems at the earliest.
(9) DETAILS OF THE SUPPLIES WITHHELD
1. Rice April-May, July-August quota total price,... Rs. 6,01,000 Only out of April quota 400 tons received. Rest withheld.
2. Supplies for Gram withheld as also 17,000 maunds wheat, two months' quota.
3. Cloth 189 bales lying at Rawalpindi not allowed to be brought in.
4. Salt-ten waggons at Rawalpindi not allowed. Some of these goods were stopped at the Octroi Post.
5. Petrol one tanker returned from the Customs post, Kohala. Almost entire quota of 384, 100 gallons withheld held.
(Facts supplied by Jammu and Kashmir State Government.)
(10) COPY OF A TELEGRAM, DATED 6TH OCTOBER 1947, FROM FOREIGN, KARACHI, TO PRIME MINISTER, SRINAGAR
Reference correspondence resting with your telegram No. 73/C.C. of 3rd October, we are sending Major Shah, Joint Secretary, Ministry of Foreign Affairs, to Sirnagar, immediately to discuss the whole question with a view to arriving at satisfactory solution. Major Shah leaving for Lahore by air on Wednesday.
(11) TELEGRAM 76/C.C., DATED 8TH OCTOBER 1947, FROM THE PRIME MINISTER, SRINAGAR, TO (1) FOREIGN, PAKISTAN, CAMP LAHORE, AND (2) MAJOR SHAH, UNDER SECRETARY, PAKISTAN, CARE PREMIER, LAHORE
Grateful for telegrams, dated 6th October, intimating Major Shah's deputation. Kindly refer to the concluding portion of my telegram of 3rd to which yours is a reply. Government extremely busy in dealing with disturbances caused by armed people in filtering unchecked from Pakistan Dominion portion of Hazara and Murree into Poonch. Shall gladly discuss matters when this trouble is controlled. Your Government can keep your people in check if so desired. This Government will appreciate if this is done. Telegraphed to Foreign, Pakistan Camp, Lahore, and repeated to Major Shah, Under Secretary, Pakistan, Care Premier, Lahore.
(12) CABLEGRAM, DATED 7TH OCTOBER 1947, FROM THE PRIME MINISTER, JAMMU AND KASHMIR, DELHI, TO THE RIGHT HON'BLE THE PRIME MINISTER, UNITED KINGDOM, LONDON (ENGLAND)
His Highness, Government of Jammu and Kashmir (India) desires to bring to the notice of His Majesty's Government the attitude of the Pakistan Dominion. From the fifteenth August 1947 the Jammu and Kashmir Government intimated to the Pakistan Dominion that pending execution of formal Standstill Agreements the arrangements existing with the British Indian Government may continue. The Pakistan Dominion agreed to this. Under these arrangements amongst other things supplies of petrol, essential articles of food and generally commerce, trade and banking facilities were to continue unaltered. Immediately after this, consent supplies began to decrease leading eventually to almost a discontinuance of the same. As the requirements decreased, the virulence of the Pakistan controlled press and radio increased, not only giving to the world false and malicious news but even allowing threats of invasion from its own people with a view to coerce the State to decide in favour of joining the Pakistan Dominion. To surpass all it is actually conniving at the influx of its armed people into the Poonch Jagir area of the State. People all along the border from one end of the common boundary to the other have been licensed and armed with modern weapons under the pretext of general policy which does not appear to have been followed in the case of internal districts of West Punjab. There was still lesser reason for apprehending any danger from Kashmir as the policy of this Government has been to afford protection to the Muslim refugees about one hundred thousand of whom have been given safe conduct to their new abodes in Pakistan. On the other hand a party of over two hundred State subjects sent from Rawalpindi at the request of the State has practically been wiped out and no non-Muslim from the State can pass through Pakistan. Railway service from Sialkot to Jammu has been stopped since August fifteenth without any reason as there has never been any impediment caused in its running by the people of the State. Whereas Military escorts are made available for several other purposes, none is provided for safe transit of petrol and other essentials of life. Protests merely elicit promises which are never implemented. As a result of obvious. connivance of the Pakistan Government, the whole of the border from Gurdaspur side up to Gilgit is threatened with invasion which has actually begun in Poonch. It is requested that the Dominion of Pakistan may be advised to deal fairly with Jammu and Kashmir State and adopt a course of conduct which may be consistent with the good name and prestige of the Commonwealth of which it claims to be a member. As message if sent from Srinagar do not likely reach through Pakistan it is being cabled from Delhi.
(13) TELEGRAM, DATED 18TH OCTOBER, SENT TO (1) PREMIER, PAKISTAN DOMINION, KARACHI, AND (2) HIS EXCELLENCY THE GOVERNOR-GENERAL, PAKISTAN, KARACHI.
Ever since August fifteenth, even in spite of agreement to observe Standstill Agreements on matters on which agreements existed on August 14th with British India, increasing difficulties have been felt not only with regard to supplies from West Punjab of petrol, oils, food, salt, sugar and cloth. Working of postal system has been most detrimental to people as well as the administration. Saving Bank Accounts refused to be operated. Postal Certificates not cashed. Cheques by Branches here of West Punjab Banks not honoured even by Imperial Bank Branch put hard to meet obligations owing failure of remittances from the Lahore currency office. Motor vehicles registered in the State have been held up at Rawalpindi. Railway traffic from Sialkot to Jammu has been discontinued. While the State has afforded safe passage to about one lakh Muslim refugees from Pathankot to Siallot the Rawalpindi people have murdered and wounded in cold blood over 180 out of party of 220 Kashmiri nationals being conveyed to Kohala at State's request. People armed with modern longrange firearms have infiltered in thousands in Poonch and committed horrors on non-Muslims murdering maiming looting them and burning their houses as well as kidnapping women. Instead, co-operation is asked for through every possible local as well as Provincial authorities and Central authority paper, promises made have not been actually followed by more rigorous action than before. Press and Radio of Pakistan appear actually to have been licensed to pour volumes of fallacious, libellous and false propaganda. Smaller feudatory States have been prompted to threaten even armed interference into the State. Even private people in Pakistan are allowed to wire unbearable threats without any check by the Pakistan Dominion Post Offices. To crown all , the State is being blamed for acts which actually are being committed by Pakistan people. Villages are being raided from Sialkot end in addition to actual infiltration in Poonch. The Government cannot but conclude that all is being done with the knowledge and connivance of local authorities. The Government also trusts that it would be admitted that these acts are extremely unfriendly if not actually bordering on inimical. Finally the Government wishes to make it plain that it is not possible to tolerate this attitude longer without grave consequences to the life, property of the people which it is sacredly bound to defend at all costs. The Government even now hopes that you would personally look into the matter and put a stop to all the iniquities which are being perpetrated. If unfortunately this request is not heeded the Government fully hopes that you would agree that it would be justified in asking for friendly assistance and oppose trespass on its fundamental rights. Telegraphed to His Excellency the Governor-General, Pakistan, and repeated to the Premier, Pakistan Dominion.
(14) COPY OF A TELEGRAM, DATED 19TH OCTOBER 1947, FROM FOREIGN MINISTER, KARACHI, TO THE PRIME MINISTER, KASHMIR AND JAMMU STATE, SRINAGAR.
We are surprised at the contents and tone of your telegram, dated 18th October 1947, Instead of taking immediate and effective action in regard to specific complaints made by us in our telegrams, dated 12th October, You have put forward vague allegations of infiltration by people of Pakistan into Kashmir and have accused the border people of manufacturing bad relations. We emphatically and categorically deny the allegations and accusations. People travel to and from between Kashmir and Pakistan in the normal course of business but the allegations regarding the free distribution of arms and ammunition to the Pakistan area adjoining the State borders and the infiltration of armed men into State territory are incorrect. On the other hand there is mounting evidence of ruthless oppression of Muslims in Kashmir State and of raids into Pakistan territory by armed Dogra gangs and non-Muslim refugees from the Punjab. The most recent report is that of an attack on Chamna Khurd village by Dogra Army personnel where they exchanged fire with the Police killing the Head Constable. Large numbers of armed Sikhs as well as Hindus belonging to the Rashtriya Sevak Sangh have gone to Kashmir with the object of repeating the tactics they followed in East Punjab to kill terrorise and drive out Muslims. In fact, the exodus of Muslims from the State has already started. The Pakistan Government must take a most serious view of a state of affairs in which the Muslims in Kashmir are suppressed and forcibly driven out.
We are astonished to hear your threat to ask for assistance. Presumably meaning thereby assistance from an outside power. The only object of this intervention by an outside power secured by you would be to complete the process of suppressing the Muslims to enable you to join the Indian Dominion as coup d'etat against the declared and well-known will of the Mussal mans and others who form 85 percent of the population of your State. We must earnestly draw your attention to the fact that if this policy is not changed and the preparations and the measures that you are now taking in implementing this policy are not stopped the gravest consequences will follow for which you alone will be held responsible.
As regards the alleged action of the West Punjab Government in blocking the passage of petrol cloth and food and in stoppage of transport we have already informed you that the West Punjab Government have been asked to provide you with all reasonable assistance in these matters. It is entirely wrong to attribute difficulties in transport which have risen owing to circumstances beyond the control of the West Punjab Government to the unfriendly intentions of that Government or to regard it as an act of coercion on your Government in taking a decision about the accession of the State. We have already sent a Special Officer to discuss with you the problems arising in respect of these matters and to settle ways and means of adjusting the difficulties.
Having regard to the gravity of the situation we have carefully considered your suggestion to have an impartial enquiry made into the whole affairs. We appreciate the suggestion and ask you immediately to nominate your representative on this Enquiry Committee. On hearing from you we shall nominate our representative without delay so that the Committee can proceed at once with a thorough enquiry into the whole matter. In the meantime we hope that every effort will be made on both sides to restore cordial relations between us.
(15) TELEGRAM, DATED 22ND OCTOBER 1947, FROM THE MINISTER, EXTERNAL RELATIONS, SRINAGAR, TO FOREIGN KARACHI.
Your telegram, Kashmir Prime Minister touring area concerned. Your telegram passed on to him for necessary action.
(16) TELEGRAM, DATED 20TH OCTOBER 1947, FROM QAID-I-AZAM, GOVERNOR-GENERAL OF PAKISTAN. KARACHI, TO HIS HIGHNESS THE MAHARAJA OF JAMMU AND KASHMIR, SRINAGAR.
I have received telegram of the 18th October from your Prime Minister regarding the situation in Kashmir which I regret was released to the Press before it reached me and before I could deal with it. My Government have already been in communication with your Government and I deplore that your Prime Minister should have resorted to the tone and language. adopted in his telegram to me which embodies a threat to seek outside assistance and is almost in the manner of an ultimatum. This is hardly the way for any responsible and friendly Government to handle the situation that has arisen. On 15th October your Prime Minister sent a telegram to my Government making similar allegations in the same offensive manner as have been repeated in his telegram of the 18th October now addressed to me without waiting for the reply to his earlier telegram from my Government. My Government have already replied to that telegram on the 18th October and this reply shows clearly that your Government's wholly one-sided and ex parte allegations cannot be supported. Since your Government has released to the Press the telegram addressed to me under reply my Government has no other course left open and have therefore decided to release to the Press their reply referred to above refuting your Government's allegations. The allegation in the telegram under reply that the standstill agreement has not been observed is entirely wrong. The difficulties that have been felt by your administration have arisen as a result of the widespread disturbances in the East Punjab and the disruption of communications caused thereby particularly by the shortage of coal. These difficulties have been felt acutely by the West Punjab Government themselves. The difficulties with regard to banking facilities were caused by lack of staff. Threat to enlist outside assistance shows clearly that the real aim of your Government's policy is to seek an opportunity to join the Indian Dominion as a coup d’état by securing the intervention and assistance of that Dominion. This policy is naturally creating deep resentment and grave apprehension among your subjects 85 percent of whom are Muslims. The proposal made by my Government for a meeting with your accredited representative is now an urgent necessity. I would also repeat that I endorse the suggestion made in your Prime Minister's telegram of 15th October and accepted by my Government in their reply of 18th October to have an impartial enquiry made into the whole affair.
(17) COPY OF A TELEGRAM, DATED 21ST OCTOBER 1947, FROM FOREIGN MINISTER, PAKISTAN, KARACHI, TO THE PRIME MINISTER, KASHMIR AND JAMMU, SRINAGAR.
In our telegram, dated 12th October 1947, we drew your attention to the grave situation in Poonch. Reports since received indicate that a reign of terror has been let loose in Poonch and that terrible atrocities are being committed by Dogra troops operating in Poonch area. Large numbers of refugees are crossing from Kashmir territory into Pakistan and they relate stories of inhuman barbarity. Serious anxiety regarding safety of their families in Poonch area is being felt by Pakistan Military personnel whom it is exceedingly difficult to reassure in absence of any clear reports or assurances from you. Request immediate detailed report of conditions and assurances of security for Muslim life and property.
(18) TELEGRAM, DATED 22ND OCTOBER 1947, FROM THE MINISTER, EXTERNAL RELATIONS, JAMMU AND KASHMIR, SRINAGAR, TO GOVERNOR-GENERAL, PAKISTAN, KARACHI.
Your telegram of twentieth to His Highness the Maharaja Bahadur has been forwarded to him in Camp as he is on tour.
(19) TELEGRAM, DATED 22ND OCTOBER 1947, FROM THE MINISTER, EXTERNAL RELATIONS, JAMMU AND KASHMIR, SRINAGAR, TO FOREIGN, KARACHI.
Your telegram regarding Poonch. Facts reverse of what alleged. People from across the border Rawalpindi and Hazara District causing trouble which has been extended by them from this morning to Muzaffarabad district of Kashmir Province as well. Pakistan Government can put end to feelings of resentment of Pakistan Army people belonging to this State whose relations in consequence of disturbances created by Pakistan people are displaced and put to inconvenience. Allegations of reign of terror created by Dogras are not related to facts. On other hand copies of telegrams from minority communities. suffering most at the hands of invaders are reproduced below for information.
Telegram public Poonch begins Hindus and Sikhs in danger of being completely wiped out by rebels fifteen miles from city crisis increases every moment ends.
Telegram Hindus Sikhs Poonch begins situation extremely grave four Rajput families numbering thirty-six ruthlessly butchered at Baral near Palandari fate of thousands of surrounding villages unknown thick clouds of smoke visible refugees in thousands pouring every day villages fifteen miles distant ablaze raiders at gates of city pray arrange immediate aerial survey and despatch sufficient reinforcement and save ends.
(20) TELEGRAM, DATED 22ND OCTOBER 1947, FROM THE PRIME MINISTER, SRINAGAR, TO (1) THE PRIME MINISTER, N. W.F.P., PESHAWAR, AND (2) THE DEPUTY COMMISSIONER, RAWALPINDI,
People armed with modern weapons reported having infiltrated from Hazara along with people from Rawalpindi Districts into a tract between Kishenganga and Frontier Boundary within the State. They have started troubleshooting non Muslims and burning their houses. They are reported to be still coming in motor vehicles. Shall be grateful if immediate steps are taken to stop this infiltration and withdraw people who have already crossed over. Deputy Commissioner, Rawalpindi, telegraphed accordingly.
(21) New Delhi, Tuesday.-Speaking at a reception today, Sheikh Mohammed Abdullah, the Kashmir Nationalist Leader pleaded for time to consider which Dominion the State should join.
"In the meantime", he said, "Our friends could help us to attain our freedom from autocracy". The Kashmir leader stated that despite the opposition of the League to the popular demand for self-government implicit in the "Quit Kashmir agitation'', the attitude of his party would not be governed by passion. "He believed in facing issues unsentimental and unemotionally and weighing consequences before taking a decision. Only the good of the people of the State would count. He asserted that he would not brook dictation from Pakistan or coercion from India. Their first concern, he repeated, was attainment of self-government, so that the people armed with authority and responsibility, could decide for themselves where their interests lay. (Statesman, dated 10th October 1947).
(22) New Delhi, October 27th.-"Kashmir is in dire peril, and the first duty of every Kashmiri is to defend his motherland against the intruder", declared Sheikh Abdullah, the Kashmir leader, who left for Srinagar today, in a statement.
The "invasion" of Kashmir is meant to coerce and compel the people of Kashmir to act in a particular way, namely, to accede to Pakistan, Sheikh Abdullah says. "Every Kashmiri resents this compulsion on his will". (Times of India dated 28 th October (1947).
These are the words of Sheikh Abdullah: "Kashmir to be a joint Raj of all communities. Our first demand is complete transfer of power to the people in Kashmir. Representatives of the people in a democratic Kashmir will then decide whether the State should join India or Pakistan.
"If the forty lakhs of people living in mu and Kashmir are bypassed and the State declares its accession to India or Pakistan, I shall raise the banner of revolt and we face a struggle. "Of course, we will naturally opt to go to that Dominion where our own demand for freedom receives recognition and support. We cannot desire to join those who say that the people must have no voice in the matter.
"We shall be cut to pieces before we allow alliance between this State and people of this type.
"At least thirty lakhs of Muslims in Jammu and Kashmir State are not going to sacrifice themselves for one Nawab of Bhopal or one Nizam of Hyderabad whose interests the Muslim League is trying to guard by the adoption of an anti-State's. peoples policy.
"I assure the Hindus and the Sikhs that their life and honour will be safe and fully protected so long I live. "In this time of national crisis Kashmir must hold the beacon light. All around us we see the tragedy of our brother's killing. brother. At this time Kashmir must come forward and raise the banner of Hindu-Muslim unity.
"In Kashmir we want a people's Government. We want a government which will give equal rights and equal opportunities to all men-irrespective of caste or creed. The Kashmir Government will not be the Government of any one community. It will be a joint government of the Hindus, the Sikhs and the Muslims. That is what I am fighting for''. (From the People's Age, dated 26th October 1947.)
(24) London, November 7th,-"In spite of the proximity of the raiders and comparatively heavy fighting 41miles West of Srinagar, Srinagar remained calm and business continued as usual. The situation is quite unreal and can only be explained by the fact that the head of the administration, Sheikh Abdullah and his National Conference followers have contrived to instil confidence into the citizens"-"THE TIMES".
(25) A STATEMENT BY GHULAM MOHAMMAD SADIQ, ACTING HEAD OF ADMINISTRATION OF THE JAMMU AND KASHMIR STATE, IN AN INTERVIEW, WHICH APPEARED IN THE PRESS ON 10TH DECEMBER 1947.
Ghulam Mohammad Sadiq said, "Before the invasion, the National Conference deputed me to approach the Pakistan Government at the highest level to recognise democratic rights of the Kashmir people for self-determination and abide by the sovereign will of a free people on the question of free association with either of the Dominions. I met Pakistan's Prime Minister and other Ministers, but it was of no use. We see finally put into operation a programme of first enslaving and then securing 'yes' in their favour from an enslaved people``. Asked what the immediate problems facing the Kashmir Administration were today, Mohammad Sadiq said: "Certainly. not a referendum but immediate relief to our people. In fact, we are carrying on with atomic speed the two-fold task of rehabilitation of unfortunate victims of Pakistan aggression and the procurement of food and cloth.
"Pakistan propagandists who pretend to show so much concern for their Muslim brethern in Kashmir against Dogra oppression have tried their best to strave them by blockade of all exports and imports for the past five months".
(26) INDIAN INDEPENDENCE ACT
7. CONSEQUENCES OF THE SETTING UP OF THE NEW DOMINION.-
(1) As from the appointed day (August 15th, 1947.)
(b) the suzerainty of His Majesty over the Indian States lapses, and with it, all treaties and agreements in force at the date of the passing of this Act between His Majesty and the Rulers of Indian States, all functions exercisable by His Majesty at that date with respect to Indian States, all obligations of His Majesty existing at that date towards Indian States or the rulers thereof, and all powers, rights, authority or jurisdiction exercisable by His Majesty at that date in or in relation to Indian States by treaty, grant, usage, sufferance or otherwise;
(c) Provided that, notwithstanding anything in paragraph (b) or paragraph (c) of this subsection, effect shall, as nearly as may be, continue to be given to the provisions of any such agreement as is therein referred to which relate to customs, transit and communications, posts and telegraphs, or other like matters, until the provisions in question are denounced by the Ruler of the Indian State or person having authority in the tribal areas on the one hand, or by the Dominion or Province or other part thereof concerned on the other hand, or are superseded by subsequent agreements.
(27)
Section 14. Before putting forward our recommendation we turn to deal with the relationship of the Indian States to British. India. It is quite clear that with the attainment of independence by British India, whether inside or outside the British Commonwealth, the relationship which has hitherto existed between the Rules of the States and the British Crown will no longer be possible. Paramountcy can neither be retained by the British Crown nor transferred to the new Government. This fact has been fully recognised by those whom we interviewed from the States. They have at the same time assured us that the States are ready and willing to co-operate in the new development of India. The precise form which their co-operation will take must be a matter for negotiation during the building up of the new constitutional structure, and it by no means follows that it will be identical for all the States. We have not therefore dealt with the States in the same detail as the Provinces of British India in the paragraphs which follow. (British Cabinet Mission Statement of May 16th, 1946.)
(28) MEMORANDUM ON STATES' TREATIES AND PARAMOUNTCY PRESENTED BY CABINET DELEGATION TO HIS HIGHNESS THE CHANCELLOR OF THE CHAMBER OF PRINCES.
[This is in amplification of paragraph 14 of the Statement issued on May 16th by the Cabinet Delegation and His Excellency the Viceroy.]
1. Prior to the recent statement of the British Prime Minister in the House of Commons an assurance was given to the Princes that there was no intention on the part of the Crown to initiate any change in their relationship with the Crown or the rights guaranteed by their treaties and engagements without their consent. It was at the same time stated that the Princes' consent to any changes with might emerge as a result of negotiations would not unreasonably be withheld. The Chamber of Princes has since confirmed that the Indian States fully share the general desire in the country for the immediate attainment by India of her full stature. His Majesty's Government have now declared that if the Succession Government or Governments in British India desire independence, no obstacle would be placed in their way. The effect of these announcements is that all those concerned with the future of India wish her to attain a position of independence within or without the British Commonwealth. The Delegation have come here to assist in resolving the difficulties which stand in the way of India fulfilling this wish.
2. During the interim period, which must elapse before the coming into operation of a new Constitutional structure under which British India will be independent or fully self governing, paramountcy will remain in operation. But the British Government could not and will not in any circumstances transfer paramountcy to an Indian Government.
3. In the meanwhile, the Indian States are in a position to play an important part in the formulation of the new Constitutional structure for India, and His Majesty's Government have been informed by the Indian States that they desire, in their own interests and in the interests of India as a whole, both to make their contribution to the framing of the structure, and to take their due place in it when it is completed. In order to facilitate this they will doubtless strengthen their position by doing everything possible to ensure that their administrations conform to the highest standard. Where adequate standards cannot be achieved within the existing resources of the State, they will no doubt arrange in suitable cases to form or join administrative units large enough to enable them to be fitted into the Constitutional structure. It will also strengthen the position of States during this formative period if the various Governments which have not already. done so take active steps to place themselves in close and constant touch with public opinion in their State by means of representative institutions.
4. During the Interim period it will be necessary for the States to conduct negotiations with British India in regard to the future regulation of matters of common concern, especially in the economic and financial field. Such negotiations, which will be necessary whether the States desire to participate in the new Indian Constitutional structure or not will occupy a considerable period of time, and since some of these negotiations may well be incomplete when the new structure comes into being, it will, in order to avoid administrative difficulties, be necessary to arrive at an understanding between the States and those likely to control the Succession Government or Governments that for a period of time the then existing arrangements as to these matters of common concern should continue until the new agreements are completed. In this matter, the British Government and the Crown Representative will lend such assistance as they can, should it be so desired.
5. When a new fully self-governing or independent Government or Governments come into being in British India, His Majesty's Government's influence with these Governments will not be such as to enable them to carry out the obligations of paramountcy. Moreover, they cannot contemplate that British troops would be retained in India for this purpose. Thus, as a logical sequence and in view of the desires expressed to them on behalf of the Indian States, His Majesty's Government will cease to exercise the powers of paramountcy. This means that the rights of the States which flow from their relationship to the Crown will no longer exist and that all the rights surrendered by the States to the paramount power will return to the States. Political arrangements between the States on the one side and the British Crown and British India on the other will thus be brought to an end. The void will have to be filled either by the States entering into a federal relationship with the Successor Government or Governments in British India, or failing this, entering into particular political arrangements with it or them.
May 22nd, 1946.