Kashmir is a simmering cauldron. For about seven decades, India denied Kashmiris’ their right of self-determination. It claims that the occupied Kashmir’s constituent assembly has voted for accession of disputed Kashmir to India. As such, it is no longer necessary for her to let the promised plebiscite be held in Kashmir. Is India’s argument tenable? Does history or documents corroborate India’s stand? Let us look a bit closely at India’s stance.
It is the Treaty of Amritsar (1846) which entitled Gulab Singh to rule Jammu and Kashmir State. This treaty stands lapsed under Article 7 of the Independence Act. The Act was passed by British Parliament on July 18, 1947 to assent to creation of independent states of India and Pakistan. The aforementioned Article 7 provides that, with lapse of His Majesty’s suzerainty over Indian states, all treaties, agreements, obligations, grants, usages and sufferance’s will lapse.
Mountbatten deliberately kept mum about this reality for considerations of political expediency. He was not ‘politically naive, much less a fool’ not to realise this truth. According to his biographer, Ziegler, Mountbatten had a ‘powerful, analytic mind of crystalline clarity’. Yet, he had ‘legendary capacity for self-deception’. He ‘was a man who preferred falsehood to truth’. Even the ‘Instrument’ of Accession is void for several reasons. The Independence Act required intention of accession to be absolute and crystal-clear. But, a stray glance at the ‘Instrument’ would make it clear that it is equivocal. The ‘Instrument’ expresses ‘intention to set up an interim government and to ask Sheikh Abdullah to carry the responsibilities’ with maharajah’s prime minister. The last sentence in the ‘Instrument’ is ‘In haste and with kind regards’. Handwritten corrections on the text of the ‘Instrument’ speak volubly about the wavering state of the maharajah’s mind. The instrument, extracted under coercion and duress, is invalid under law.
Subsequent accession resolution, passed by the occupied Kashmir’s ‘constituent assembly’ is also void. This resolution violates the Security Council’s resolutions forbidding India from going ahead with the accession farce. Aware of India’s intention to get the ‘Instrument of Accession’ rubber-stamped by the puppet assembly, the Security Council passed two resolutions to forestall the `foreseeable accession’ by the puppet assembly. Security Council’s Resolution No 9 of March 30, 1951 and affirmative Resolution No 122 of March 24, 1957 outlaws accession or any other action to change status of the Jammu and Kashmir state. India gives the impression that the USA considers the state’s so-called accession as legal. This is not true. On October 28, 1993, Robin Raphel, in her statement, clarified that Washington does not recognise the Instrument of Accession to India. In its perception, Kashmir was a disputed territory, not an integral part of India. The future status of the state remained to be determined in accordance with the wishes of the people of Kashmir.
We hear echo of Raphel’s statement in the resolution passed by International Commission of Jurists (ICJ), based in Geneva. The Commission pointed out that the resolution, passed by occupied-Kashmir legislature concerning Kashmir’s accession to India was bogus and null and void. Renowned journalist Alastair Lamb also regards the Instrument of Accession, ‘signed’ by the maharajah of Kashmir on October 26, 1947, as fraudulent (Kashmir – A disputed legacy 1846-1990). She argues that the maharajah was travelling by road to Jammu (a distance of over 350 km). How could he sign the instrument while being on the run for safety of his life? There is no evidence of any contact between him and the Indian emissaries on October 26, 1947.
Actually, it was on October 27, 1947 that the maharajah was informed by MC Mahajan and VP Menon (who had flown into Srinagar) that an Instrument of Accession is being fabricated in New Delhi. Obviously, the maharajah could not have signed the instrument earlier than October 27, 1947. The instrument remains null and void, even if the maharajah had actually signed it. The reason, as pointed out by Alastair is that the `signatures’ were obtained under coercion. She points out Indian troops had already arrived at and secured Srinagar airfield during the middle of October 1947. On October 26, 1947, a further airlift of thousands of Indian troops to Kashmir took place. She questions: “Would the maharajah have signed the Instrument of Accession, had the Indian troops not been on Kashmiri soil?”
It is eerie to note that India has never shown the original `Instrument’ in any international forum. If India was truthful, it should have the temerity to present the document to Pakistan or to the UN. Isn’t it funny that, in the summer of 1995, the Indian authorities reported the original document as lost or stolen? This fact further beclouds authenticity of the document. India took the Kashmir issue to the UN in 1948 under article 35 of Chapter VI which outlines the means for a peaceful settlement of disputes. India avoided presenting the Kashmir case under the UN Chapter VII which relates to acts of aggression. Obviously, it did so because it knew that the Kashmir was a disputed state. And, issue of its integration with India or Pakistan remained to be resolved.
From the foregoing, it is evident that the Instrument of Accession does not exist. The `accession’ of the disputed state, through a resolution of the puppet assembly, is null and void. This `resolution’ violates the Security Council’s directive forbidding India to forge unilateral ‘accession’ of the state.