Fact Sheet on J&K’s accession to India

• Accession of Jammu and Kashmir to India and Article 370

• Abrogation of Article 370 - ‘a must immediately’

• To consolidate first India's integration, before status-quo in J&K is disturbed

• To prevent any disastrous effect of possible centrifugal forces that can follow any quick-fix remedies.

Facts about the irrevocability & completeness of accession of the state of Jammu and Kashmir to India:

1. Pakistan was conceived and formed as a muslim state.

2. India was not, by default, formed as a Hindu state. It is the world’s largest secular democracy.

3. Pakistan never supported J&K’s right to ‘self rule’

4. The national conference said "no" to pakistan - {the dawn, karachi, Nov-17-1947} - ‘National conference’ senior leader Gulam Md. Sadiq, paid two visits, right after independence, to lahore and karachi, to seek jinnah's endorsement for ‘independent kashmir’. Jinnah demanded that the national conference guarentee that ‘self-determination’ will result in accession to pakistan. Jinnah warned Sadiq: "Sheikh Abdullah and his party must close their shop as they have no role".

5. Pakistan resorted to the medieval ways of the moguls. On Oct-22-1947, Pakistan launched full-scale invasion of kashmir. Money, food, arms, petrol, ammunition, uniforms, military officers of the army , man-pack wireless sets used. Also, mark v mines, army motor vehicles, pak army signals, bren & sten guns. 2" and 3" mortars, 3.7 howitzers and anti-tank rifles { s.c.o.r.}

6. Pakistan has not protected muslim interests. The invaders from Pakistan were driven by a lust for loot, murder and rape much as they did later to east pakistan. Victims were both hindus and muslims; majority population was muslim, majority victims: also muslims! Pakistan’s claims of being guardian of muslim interests are bogus! Pakistan has committed attrocities against muslims in Kashmir and also in East Pakistan, as is well known now.

7. Pakistani regular military violated international law - (Pakistan’s invasion of J&K: October-1947) ".. I believe..units of regular Pakistani forces moved into the territory of the state, .. Inconsistent with international law" - Sir Owen Dixon, International Jurist, UN Security Council Rep.

8. Pakistan has incessently attempted to coerce the Kashmiris. - "The invasion of kashmir is meant to coerce and compel the kashmiris to act in a particular way, namely, to accede to Pakistan. Every kashmiri resents this compulsion on his will". - Sheikh Abdullah, Times of India, Oct-28-1947.

9. Pakistan’s policy:

1. Disregard democracy.

2. Coerce people into saying what it wants to be said.

3. Accept and consolidate what they get.

4. Go on asking for more and more!

10. Empty basis of pakistan’s claim to Jammu and Kashmir - Pakistan’s propoganda - (empty) basis for this can be found on Pak. govt.’s web-site: http://www.pak.gov.pk/public/kashmir which refers to two resolutions of the UN dated Aug-13-1948 & Jan-5-1949

11. UNCIP (UN Commission on India & Pakistan ) resolutions.

1. Pakistan’s propaganda is based on part iii of Aug-13-1948 resolution and point number (i) of the resolution of Jan-5-1949

2. The UNCIP resolution (Aug-13-1948) - Three parts summary :

1. Part i cease-fire

2. Part ii truce agreement :

1. Pakistan to unconditionally withdraw its troops, tribesmen, & all unlawful Pakistani nationals from Kashmir.

2. Further, part ii recognized the necessity of India to maintain an army in Kashmir.

3. Part iii future status ...

1. future status be determined in accordance with the will of the people ... upon the completion of the cease-fire agreement (of part i) and

2. the truce agreement (of part ii) ..

12. See also UNCIP’s supplementary resolution:

1. UNCIP resolution of Jan-5-1949 - Supplementary to draft of Aug-13-1948

1. [1] the question of the accession of the state of Jammu and Kashmir to India or Pakistan will be decided through the democratic method of a free and impartial plebiscite.

2. [2] A plebiscite will be held when it shall be found by the commission that the cease fire and truce arrangements set forth in parts i and ii of the commission’s resolution of 13 august 1948 have been carried out and arrangements for the plebiscite have been completed.

3. ... Further, "all persons who on or since Aug-15-1947, have entered the state (of kashmir) for other than lawful purpose must vacate and be withdrawn"

2. Pak. propaganda always mentions above resolution number [1].

13. Pak. propaganda does not mention the following points, which counter pak propaganda:

1. Resolution number [2] of Jan-5-1949 resolution.

2. Binding conditions of parts i & ii of the Aug-13-1948 resolution. UN has never written to india that these conditions are fulfilled.

3. Pakistan opposed the inclusion of the possibility ( which was implicit in part iii of the resolution of Aug-13-1948) of ‘Independent Kashmir’ )

4. Possibility of ‘azad kashmir’ explicitly ruled out in the resolution [1] of Jan-5-1949 !

5. (Pakistan never supported Kashmiris independence)

14. Cease-fire agreements (required by both the UNCIP resolutions):

1. Pakistan has broken them all! Subsequent to every military defeat, there has been a fresh cease-fire agreement, broken repeatedly by Pakistan, most notably in 1965, 1968, 1971 and the latest in 1999.

2. Gradual withdrawal of UN on reallizing it had no role - Dr. Frank D. Graham appointed by the UN on Apr-30-1951 as arbitrator.

3. Dr. Graham reports: first time on Oct-15-1951 asked for extra time! 2nd time on Jan-17-1952, he admitted failure!! Problem ? demilitarization!

4. By repeated non-cooperation regarding demilitarization, Pakistan avoided plebiscite it was afraid of. It knew that it would not get the support of the people against whom it committed repeated atrocities.

15. Accession endorsed by JK Assembly

1. Elections to J & K’s constituent assembly : held in Oct-1951.

2. Elections reported across the world by international media, and observers.

3. Feb-6-1954: The constituent assembly unanimously confirmed instrument of accession.

4. The UN has never called this illegal !

16. Jawaharlal Nehru, in the Parliament of India - 7-Aug-1952: - ".... Accession was complete in law and in fact it is patent and no argument is required because accession of every state in India was complete on these very terms. When United Nations commission accompanied by legal advisors and others came here, it was open to them to challenge it. But they did not .."

17. Sheikh Abdullah, in his autobiography , atish-e-chinar: - "... the instrument of accession signed by Hari Singh was the same as those signed by the rulers of other princely states. According to it, once accepted, accession was full, final unconditional and irrevocable."

18. Memorandum of Aug-14-1951 by prominent muslim leaders to the UN: - "Pakistan did not consider the well-being of the muslims" as later atrocities against muslims in east pakistan clearly proved this !!!

19. India’s position on plebiscite - 1964: UN security council meeting:

1. India’s representative to the UN, Mahomed Ali Currim Chagla spoke:

"Jammu and kashmir became an integral part of india .. You cannot make more complete what is already complete. The two basic un resolutions of 1948 and 1949 were conditional, and contingent on pakistan vacating its aggression and the condition has not been complied with.the basis having disappeared, these resolutions are no longer binding on us the only people who continued to suffer were the people of kashmir for whom pakistan felt no care.....the resolutions of the uncip had lapsed, and under no circumstances would india agree to a plebiscite which pakistan repeatedly avoided"

2. 1964 UN Security Council debate ended :

1. USA, Great Britain and Soviet Union asked for bilateral settlement instead of UN involvement.

2. "The kashmir question should be peacefully resolved. We urged bilateral talks between the parties last year. An agreement cannot be imposed from the outside" - Adlai Stevenson ( USA representative in UN).

3. The USA President reporting to the US Congress on events in 1964 on ‘US participation in the UN’. - USA state dept. Publication 7943, released Feb-1966, Pp.63-70 [President Clinton recently gave fresh publicity to this old position ]

4. Shimla agreement of 1972 - No outside interference. All issues to be resolved through bilateral talks.

20. "The right of ‘self-determination’ had been already lost following the UN resolution" - Zulfikar Ali Bhutto, the then Pakistan president (addressing the Pakistan assembly). It was after Bhutto’s presentation of the Shimla agreement to Pak. assembly that it was ratified. He reminded his countrymen that in 1965, UN had refused even to mention Kashmir!

21. Shimla agreement was endorsed by

1. UN

2. Indian Parliament and

3. Pakistani National Assembly.

22. IC 814 hijacking case - UN did not negotiate.

23. Facts about Article 370

1. It has outlived its purpose!

2. India’s integrity and security demands its immediate abrogation

3. India’s integration is incomplete under Article 370.

4. Delaying its abrogation encourages centrifugal moves.

5. Restrictions of Article 370 affect investment prospects in J&K.

6. Pandit Nehru’s attempts toward abrogation of Article 370 have remained incomplete!

7. Delhi wished to abrogate Article 370, which was always intended to be purely "temporary and provisional".

8. Pandit Nehru in the Lok Sabha (Feb-1964) - "Article 370 will get eroded in due course and vanish ultimately....".

9. Followed by M.C.Chagla, in Rajya Sabha - "The prime minister the other day spoke of gradual erosion of Article 370. I hope that this erosion is accelerated and I also hope that very soon that article will disappear from the constitution. After all it is transitional and temporary. I think transitional period has been long enough!"

All materials on this website are © 2000-2010

Printer Friendly Format

Search this website

top