Mountbattens´s letter of 27 Oct 47 provides fuel to Anti Accession {J&K with India } people
Daya Sagar Sharma
October 25, 2009
Jammu and Kashmir affairs have become a subject free for discussion for all. The worst sufferers have been the people of Jammu and Kashmir since they have not been allowed to rest in mental peace. Even some have been forced to think about their nationality. Those who have been questioning the accession of Kashmir State with Indian Dominion appear to have survived successfully. Had it not been so China would not have so openly nearly { after over 6 decades of accession of Kashmir with India }vouched for Jammu and Kashmir being a dispute in her eyes. USA and UK have already been indirectly backing Pakistan design on the subject since 1948.
No doubt one of the tools that separatist and anti 1947 Accession elements have used { effectively}after 27 Oct 1947 is the manner in which the Instrument of Accession was signed and accepted by Government of India in 1947. A close look at the Instrument Accession that Maharaja Hari Singh of Jammu & Kashmir signed on 26 October 1947 and as was accepted by Governor General of India , Lord Mountbatten of Burma, on behalf of Government of Indian Dominion on 27th October 1947 would raise some questions. Very vital questions have remained unanswered as regards the manner in which Government of India disposed of the Instrument of accession as was sent by Maharaja Hari Singh through Mr. V. P. Menon. Instead the arguments that emerge from these question have been very successfully used by separatist, anti accession and anti India elements to question the 1947 Accession.
The questions can be addressed on priority even now so that a better understanding and widely acceptable thought could be made to emerge to settle the confusions as created over the years in the innocent minds of subjects of Jammu & Kashmir in general and those from Kashmir Valley in particular. I would briefly discuss the references here.
Such questions emerge from the {i} contents of Instrument of Accession, {ii}the covering letter dated 26 October 1947 under which the Maharaja of JK had sent the Instrument of Accession and {iii} the letter dated 27 October 1947 under which Governor General of India on behalf of Government of Indian Dominion conveyed the acceptance to Maharaja Hari Singh of JK. As regards the contents of Instrument of Accession , the contents of Instrument of Accession signed by Maharaja Hari Singh were the same as were of the instruments signed by the Princes of other princely states of Indian British Empire. The separatists and anti accession elements have even succeeded in cultivating the idea that JK had a special instrument of accession, where as the facts are other wise. Not much has been done even in this regard to clear the misunderstanding being created amongst Kashmiri masses.
The contents of the Instrument of Accession as signed by Maharaja Hari Singh that particularly need be looked at are : {i} " Where as the Indian Independence Act , 1947, provides that as from the fifteenth day of August 1947 there shall be set up an Independent Dominion known as India, and that the Government of India Act of 1935 , shall, with such omissions , additions, adaptations and modifications as the Governor - General may by order specify be applicable to the Dominion of India; And where as the Government of India Act´1935, as so adopted by the Governor General, provided that an Indian State may accede to Dominion of India by an Instrument of Accession executed by the Ruler thereof : Now therefore, I, Shriman Indar Mahandar Rajrajeshwar Maharajadiraj Shri Hari Singhji, Jammu and Kashmir Naresh Tatha Tibbet adi Deshadhipati, Ruler of Jammu & Kashmir State in the exercise of my sovereignty in and over my said State do hereby execute this my Instrument of Accession and …….. I accept the matters specified in the schedule thereto as the matters with respect to which the Dominion Legislature can make laws for this State….. The terms of this my Instrument of Accession shall not be varied by any amendment of the Act or of the Indian Independence Act ,1947 , unless such amendment is accepted by me , an Instrument supplementary to this Instrument……I hereby declare that I execute this Instrument on behalf of this State and that any reference in this Instrument to me or to the Ruler of the State is to be construed as including a reference to my heirs and successors". {ii} Maharaja Hari Singh in his letter dated 26 Oct 1947 addressed to Lord Mountbatten GGI explained the reasons and intentions for not signing the Instrument of Accession with either Dominion by 14-08-1947. Maharaja as per the Indian Independence Act1947 and Government of India Act 1935 was the only authority to take a decision regarding a Princely State of British Empire and make any observations / assessments on the circumstances around him concerning accession to any of the dominion or otherwise . Maharaja in his letter said, " I have to inform your Excellency that a grave emergency has arisen in my State and request the immediate assistance of your Government. As your Excellency is aware , the State of Jammu & Kashmir has not acceded to either of the Dominion of India or Pakistan. Geographically my State is contiguous with both of them. ……. ." " I wanted to take time to decide to which Dominion I should accede or whether it is not in the best interests of both the dominions and of State to stand Independent, ofcourse with friendly and cordial relations with both……The mass infiltration of tribesmen drawn from distant areas of North West Frontier Province, coming regularly in motor trucks, using the Mansehra-Muzaffarabad road and fully armed with up-to-date weapons, cannot possibly be done without the knowledge of the Provincial Government of North West Frontier Province and the Government of Pakistan. Inspite of repeated appeals made by my Government no attempt has been made to check these raiders or to stop them from coming into my State. Pakistan radio even put the story that a provisional government has been set up in Kashmir"….Regarding his people the Maharaja said, " The people of my State, both Muslims and non Muslims , general have taken no part at all……. "With the conditions obtaining at present in my State and the great emergency of the situation as it exists, I have no option but to ask for help from India Dominion……. "Naturally they can not send the help asked for by me without my State acceding to the Dominion of India. I have accordingly decided to do so and I attach the Instrument of Accession for acceptance by your Government."
And Lord Mounbatten of Burma, the then Governor General of India signed the acceptance on 27 October 1947 as ……… " I do hereby accept this Instrument of Accession dated this 27th day of October , nineteen hundred and forty seven". But the letter written by Mountbatten on 27 Oct 1947 acknowledging receipt and acceptance of Instrument of Accession as signed by Maharaja Hari Singh has left many questions unanswered. Even Jawahar Lal Nehru´s then Cabinet should have been questioned by people of India { including J and K}.
Lord Montbatten{ Governor General of India} wrote ,"Your Highness´s letter dated 26 Oct 1947 has been delivered to me by Mr. V.P.Menon. In the circumstances mentioned by your Highness, my Government have decided to accept the accession of Kashmir State to the Dominion of India. In consistent with their policy that in the case of any State where the issue of accession has been the subject of dispute, the question of accession should be decided in accordance with the wishes of the people of the State, it is my Government´s wish that , as soon as the law and order have been restored in Kashmir and its soil cleared of the invader, the question of State´s accession should be settled by a reference to the people. Meanwhile, in response to Your Highness´s appeal for military aid, action has been taken today to send troops of Indian Army to Kashmir, to help your own forces to defend your territory and to protect the life, property and honour of your people. My Government and I note with satisfaction that Your Highness has decided to invite Sheikh Abdullah to from an interim Government to work with your Prime Minister."
The contents of the letter of Mountbatten have been well used by the separatist and anti accession forces and not much has been done by India in this regard. It is a point here. By then { 27 Oct 1947 }neither the Maharaja nor Government of India had gone to UN Security Council . India had made a complaint against Pakistan in Security Council on 1-1-1948 only . And so strangely on the on set itself Government of India did not accept the instrument of Accession dated 26-10-1947 as signed by Hari Singh in full and Lord Mountbatten on behalf of his Government laid down the condition of final settlement of the Accession by reference to the people and classified J&K State as a State where the issue of Accession was a dispute. Where as under the circumstances explained by Maharaja in his letter { 26 Oct 1947 } there was no reference of any dispute or resistance from the people of his State . So the question is what prompted Mountbatten for writing to Maharaja that, "In the circumstances mentioned by your Highness, my Government have decided to accept the accession of Kashmir State to the Dominion of India. In consistent with their policy that in the case of any State where the issue of accession has been the subject of dispute, the question of accession should be decided in accordance with the wishes of the people of the State, it is my Government´s wish that , as soon as the law and order have been restored in Kashmir and its soil cleared of the invader, the question of State´s accession should be settled by a reference to the people." Maharaja of Jammu & Kashmir {sole designated authority to assess the requirements of his Princely State } had no where indicated that there was an accountable objection to accession from his people worth over riding his Right for decision making as a Prince of State.
Then why this condition of settlement of issue of accession by reference to the people ? What was the basis for Government of India to call the issue of accession a dispute as regards J&K when Maharaja Hari Singh Bahadur in his letter dated 26 Oct 1947 had clearly informed that the people of his State ( J&K) were not by and large involved in the disturbed conditions as then prevailed in the State ? Are the like of questions that need answer.
(*Daya Sagar is a Sr coloumnist and a writer on Kashmir affairs dayasagr@yahoo.co.uk)
No doubt one of the tools that separatist and anti 1947 Accession elements have used { effectively}after 27 Oct 1947 is the manner in which the Instrument of Accession was signed and accepted by Government of India in 1947. A close look at the Instrument Accession that Maharaja Hari Singh of Jammu & Kashmir signed on 26 October 1947 and as was accepted by Governor General of India , Lord Mountbatten of Burma, on behalf of Government of Indian Dominion on 27th October 1947 would raise some questions. Very vital questions have remained unanswered as regards the manner in which Government of India disposed of the Instrument of accession as was sent by Maharaja Hari Singh through Mr. V. P. Menon. Instead the arguments that emerge from these question have been very successfully used by separatist, anti accession and anti India elements to question the 1947 Accession.
The questions can be addressed on priority even now so that a better understanding and widely acceptable thought could be made to emerge to settle the confusions as created over the years in the innocent minds of subjects of Jammu & Kashmir in general and those from Kashmir Valley in particular. I would briefly discuss the references here.
Such questions emerge from the {i} contents of Instrument of Accession, {ii}the covering letter dated 26 October 1947 under which the Maharaja of JK had sent the Instrument of Accession and {iii} the letter dated 27 October 1947 under which Governor General of India on behalf of Government of Indian Dominion conveyed the acceptance to Maharaja Hari Singh of JK. As regards the contents of Instrument of Accession , the contents of Instrument of Accession signed by Maharaja Hari Singh were the same as were of the instruments signed by the Princes of other princely states of Indian British Empire. The separatists and anti accession elements have even succeeded in cultivating the idea that JK had a special instrument of accession, where as the facts are other wise. Not much has been done even in this regard to clear the misunderstanding being created amongst Kashmiri masses.
The contents of the Instrument of Accession as signed by Maharaja Hari Singh that particularly need be looked at are : {i} " Where as the Indian Independence Act , 1947, provides that as from the fifteenth day of August 1947 there shall be set up an Independent Dominion known as India, and that the Government of India Act of 1935 , shall, with such omissions , additions, adaptations and modifications as the Governor - General may by order specify be applicable to the Dominion of India; And where as the Government of India Act´1935, as so adopted by the Governor General, provided that an Indian State may accede to Dominion of India by an Instrument of Accession executed by the Ruler thereof : Now therefore, I, Shriman Indar Mahandar Rajrajeshwar Maharajadiraj Shri Hari Singhji, Jammu and Kashmir Naresh Tatha Tibbet adi Deshadhipati, Ruler of Jammu & Kashmir State in the exercise of my sovereignty in and over my said State do hereby execute this my Instrument of Accession and …….. I accept the matters specified in the schedule thereto as the matters with respect to which the Dominion Legislature can make laws for this State….. The terms of this my Instrument of Accession shall not be varied by any amendment of the Act or of the Indian Independence Act ,1947 , unless such amendment is accepted by me , an Instrument supplementary to this Instrument……I hereby declare that I execute this Instrument on behalf of this State and that any reference in this Instrument to me or to the Ruler of the State is to be construed as including a reference to my heirs and successors". {ii} Maharaja Hari Singh in his letter dated 26 Oct 1947 addressed to Lord Mountbatten GGI explained the reasons and intentions for not signing the Instrument of Accession with either Dominion by 14-08-1947. Maharaja as per the Indian Independence Act1947 and Government of India Act 1935 was the only authority to take a decision regarding a Princely State of British Empire and make any observations / assessments on the circumstances around him concerning accession to any of the dominion or otherwise . Maharaja in his letter said, " I have to inform your Excellency that a grave emergency has arisen in my State and request the immediate assistance of your Government. As your Excellency is aware , the State of Jammu & Kashmir has not acceded to either of the Dominion of India or Pakistan. Geographically my State is contiguous with both of them. ……. ." " I wanted to take time to decide to which Dominion I should accede or whether it is not in the best interests of both the dominions and of State to stand Independent, ofcourse with friendly and cordial relations with both……The mass infiltration of tribesmen drawn from distant areas of North West Frontier Province, coming regularly in motor trucks, using the Mansehra-Muzaffarabad road and fully armed with up-to-date weapons, cannot possibly be done without the knowledge of the Provincial Government of North West Frontier Province and the Government of Pakistan. Inspite of repeated appeals made by my Government no attempt has been made to check these raiders or to stop them from coming into my State. Pakistan radio even put the story that a provisional government has been set up in Kashmir"….Regarding his people the Maharaja said, " The people of my State, both Muslims and non Muslims , general have taken no part at all……. "With the conditions obtaining at present in my State and the great emergency of the situation as it exists, I have no option but to ask for help from India Dominion……. "Naturally they can not send the help asked for by me without my State acceding to the Dominion of India. I have accordingly decided to do so and I attach the Instrument of Accession for acceptance by your Government."
And Lord Mounbatten of Burma, the then Governor General of India signed the acceptance on 27 October 1947 as ……… " I do hereby accept this Instrument of Accession dated this 27th day of October , nineteen hundred and forty seven". But the letter written by Mountbatten on 27 Oct 1947 acknowledging receipt and acceptance of Instrument of Accession as signed by Maharaja Hari Singh has left many questions unanswered. Even Jawahar Lal Nehru´s then Cabinet should have been questioned by people of India { including J and K}.
Lord Montbatten{ Governor General of India} wrote ,"Your Highness´s letter dated 26 Oct 1947 has been delivered to me by Mr. V.P.Menon. In the circumstances mentioned by your Highness, my Government have decided to accept the accession of Kashmir State to the Dominion of India. In consistent with their policy that in the case of any State where the issue of accession has been the subject of dispute, the question of accession should be decided in accordance with the wishes of the people of the State, it is my Government´s wish that , as soon as the law and order have been restored in Kashmir and its soil cleared of the invader, the question of State´s accession should be settled by a reference to the people. Meanwhile, in response to Your Highness´s appeal for military aid, action has been taken today to send troops of Indian Army to Kashmir, to help your own forces to defend your territory and to protect the life, property and honour of your people. My Government and I note with satisfaction that Your Highness has decided to invite Sheikh Abdullah to from an interim Government to work with your Prime Minister."
The contents of the letter of Mountbatten have been well used by the separatist and anti accession forces and not much has been done by India in this regard. It is a point here. By then { 27 Oct 1947 }neither the Maharaja nor Government of India had gone to UN Security Council . India had made a complaint against Pakistan in Security Council on 1-1-1948 only . And so strangely on the on set itself Government of India did not accept the instrument of Accession dated 26-10-1947 as signed by Hari Singh in full and Lord Mountbatten on behalf of his Government laid down the condition of final settlement of the Accession by reference to the people and classified J&K State as a State where the issue of Accession was a dispute. Where as under the circumstances explained by Maharaja in his letter { 26 Oct 1947 } there was no reference of any dispute or resistance from the people of his State . So the question is what prompted Mountbatten for writing to Maharaja that, "In the circumstances mentioned by your Highness, my Government have decided to accept the accession of Kashmir State to the Dominion of India. In consistent with their policy that in the case of any State where the issue of accession has been the subject of dispute, the question of accession should be decided in accordance with the wishes of the people of the State, it is my Government´s wish that , as soon as the law and order have been restored in Kashmir and its soil cleared of the invader, the question of State´s accession should be settled by a reference to the people." Maharaja of Jammu & Kashmir {sole designated authority to assess the requirements of his Princely State } had no where indicated that there was an accountable objection to accession from his people worth over riding his Right for decision making as a Prince of State.
Then why this condition of settlement of issue of accession by reference to the people ? What was the basis for Government of India to call the issue of accession a dispute as regards J&K when Maharaja Hari Singh Bahadur in his letter dated 26 Oct 1947 had clearly informed that the people of his State ( J&K) were not by and large involved in the disturbed conditions as then prevailed in the State ? Are the like of questions that need answer.
(*Daya Sagar is a Sr coloumnist and a writer on Kashmir affairs dayasagr@yahoo.co.uk)
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