By Bhim Singh


The political history of Jammu and Kashmir since 1947 has been passing through the tempests and tides affecting the political climate and economic growth of the entire country.

The bitter memories of the situation in Jammu and Kashmir have been a cause of concern disturbing peace on the international borders with Pakistan and China and of course, along the so-called ceasefire line which divides the geographical boundaries of J&K.
84,000 sq. miles territory of J&K comprised the regions of Ladakh, Gilgit-Baltistan-Kashmir Valley and Jammu, each region having its distinct and distinguished linguistic, cultural and geographical identity. The State of J&K came into existence following a unique Treaty of Amritsar in 1846 between Maharaja of Jammu, Shri Gulab Singh Dogra and the East India Company. Kashmir Valley was a province of Maharaja Ranjit Singh’s kingdom of Punjab. The Sikhs led by Maharaja Dalip Singh lost the battle to the East India Company. A compensation of Rupees one crore was imposed on the Punjab Government which they failed to pay. Maharaja Gulab Singh agreed to pay the so-called damages to the East India Company on behalf of the government of Punjab. Kashmir province was transferred to the newly founded state of Jammu-Ladakh. It was Dogra General Zorawar Singh (I can proudly say that he was my ancestor) who annexed Baltistan (Askardu and Siachin), present Ladakh region including Kargil with Dogra State of Jammu by 1841. He died in the battle on the skirts of Lahasa with his 2000 Dogra soldiers.


The Dogras ruled Jammu and Kashmir for nearly 100 years (1846 to 1947).

During Dogra rule of 100 years about 20 civilians were killed. Maharaja Hari Singh appointed Enquiry Commission and punished the guilty policemen. The concept of State Subject was introduced by Maharaja Hari Singh in 1927 which is still the law in Jammu and Kashmir. It was because of this law that the identity and property of the State Subjects of J&K has remained intact. It was the Dogra rulers who introduced the Ranbir Penal Code and other reforms in the system. It was Maharaja Hari Singh who declared his religion as justice and opened all public places including temples for the depressed classes in 1931. He established a High Court with writ jurisdictions in 1928 and introduced parliamentary system in 1934. As a representative of Indian Princely States he declared in the Roundtable Conference in London in 1931, "I am an Indian first and then a Maharaja". The British didn’t like that.
National Conference backed by Indian National Congress started a ‘Quit Kashmir’ campaign demanding the Dogras to vacate Kashmir. The bitterness started when the administration of Maharaja Hari Singh stopped the entry of Pt. Jawaharlal Nehru in 1946 (Prime Minister in awaiting) into Jammu and Kashmir at Kohala Bridge (between Rawalpindi and Muzaffrabad). Mr. Nehru was detained by the police. He was freed on the intervention of Lord Mountbatten and flown to Delhi. Nehruji could not forget this ‘insult’ and Maharaja Hari Singh didn’t yield a bit.


Maharaja Hari Singh didn’t sign the Instrument of Accession by 14

th August, 1947 which was the cut off date for the princes to decide on the status of their respective states. Instead, Maharaja signed a postal agreement with the Government of Jinnah, Pakistan on 16th August, 1947. India didn’t react.
The raiders from Pakistan side invaded Jammu and Kashmir from Poonch and Muzaffrabad sector on 21/22 October, 1947. 12000 soldiers mostly Dogras lost their lives while defending their state. India refused to provide military help to Maharaja’s government unless he signed Instrument of Accession. Maharaja Hari Singh was persuaded by Mr. V.P. Menon, the then Union Home Secretary to drive down to Jammu from Srinagar to sign the Instrument of Accession.


Maharaja Hari Singh drove to Jammu on 25/26

th accompanied by couple of ADCs, the Maharani and Yuvraj Karan Singh. He signed the Instrument of Accession on 26th October, 1947 which could only be signed by the then Governor-General of India on 27th October, 1947. The bitter memories of three lines insulted on a blank sheet along the Instrument of Accession by Lord Mountbatten continue to haunt us that the matter of accession shall be referred to the people after normalcy was restored in J&K. Authority of the Maharaja was questioned in these lines. Of course, it was Nehruji’s anger against Maharaja Hari Singh

.
The Indian army reached before noon on 27

th October, 1947. The great Dogra soldier, Brig. Rajinder Singh with a few dozen Dogra soldiers stopped the invaders near Uri in Baramullah District on the night between 26/27th October, 1947. He was perhaps the only Chief of Army Staff who died in action in defence of the people of Jammu and Kashmir.
General Kariyappa, Chief of Indian Army was all set to liberate entire POK from Baramullah to Muzaffrabad. India filed an application before the United Nations in spite of a bitter opposition from the then Union Home Minister, Sardar Ballabhbhai Patel. The UN declared ceasefire and nearly 32,500 sq. miles of our territory continues under illegal occupation of Pakistan till this day. Why India filed the application before United Nations? Why India didn’t go for liberation of Muzaffrabad sector? These questions were asked from me by Lord Mountbatten when I met him in Surrey (England) in 1970. These are the questions which keep on hunting not only me but all those patriots who stand by the resolution of Parliament of India—1994 seeking liberation of all occupied territories from Pakistan.


It was in 1950 when Constitution of India was promulgated on 26

th January. Article 370 a temporary provision was introduced on the persuasion of Sheikh Mohd. Abdullah. This was to reduce or dilute the constitutional authority of Maharaja Hari Singh who still continued as a monarch. He had acceded the State of Jammu and Kashmir in respect of defence, foreign affairs, communication, currency etc. He offered these subjects to the Union of India so far as legislation in respect of these subjects was concerned. Article 370 has debarred Parliament of India from making any law in respect of these subjects also. The Parliament vested temporary power in the President of India to make laws on these subjects in Jammu and Kashmir only after seeking concurrence or consultation with the Council of Ministers in J&K appointed by a person whom President of India recognizes as Maharaja of J&K. For 60 years President of India has been acting as Viceroy vis-à-vis Jammu and Kashmir. The monarchy ended in J&K with a resolution of the Constituent Assembly moved by Mr. D.P. Dhar on 20thAugust, 1952. Article 370 is not only irrelevant but totally violative of the spirit and letter of the Constitution of India. There is no person in Jammu and Kashmir who is recognized as a Maharaja. Does this mean that all Presidential Orders flashed by Rashtrapati Bhawan, New Delhi are void or invalid?

The entire State of J&K is victim of the bitter memories of 1953, 1975, 1983, 1987 and so on. An elected Prime Minister of J&K was dismissed in 1953. His successor, Bakshi Ghulam Mohd. was unceremoniously removed from office in 1964. In 1975, Sheikh Mohd. Abdullah accepted to work as a Chief Minister following Indira-Sheikh Accord in 1975. Sheikh Abdullah was appointed as Chief Minister even when he was not a legislator. In 1984, Dr. Farooq Abdullah was ousted and his brother-in-law was installed as Chief Minister.

The situation and the issue which has been heavily projected by the secessionists and agencies working against the national interests has not been defined in specific terms. There has been a big cry at political headquarters of some political parties to talk to Pakistan to settle Jammu and Kashmir problem. What is this problem which needs to be settled with Pakistan. I understand and that has been rightly spelled by the Parliament of India in its unanimous resolution, 1994 that the only problem vis-à-vis Jammu and Kashmir with Pakistan is liberation of POK from Pakistan. POK includes nearly 32,000 sq. miles of our territory comprising Gilgit, Chitral, Baltistan, Muzaffrabad and adjoining areas which Pakistan has named as ‘Azad Kashmir’. This also includes our territory of nearly 5000 sq. miles along Karakoram Highway which was transferred by Pakistan to China in 1963.

This is the only problem with POK which needs to be settled. In other way, 62 years of our experiments with Pakistan and experience with the world community leads us to the conclusion that LoC is the main hindrance for Indo-Pak Dialogue. As long as India and Pakistan do not settle the conflict regarding LoC once for all, the peace in Jammu and Kashmir is not feasible.


How to resolve conflict over LoC

? We have fought three wars with Pakistan. In 1947 we had every opportunity to liberate entire areas of Jammu and Kashmir from Pakistan. Instead, Pakistan occupied Mirpur area which formed part of Jammu District on 25th November, 1947, 28 days after the arrival of Indian Army in J&K. Why did we allowed our areas to be taken over by Pakistan in November, 1947. Similarly, Gilgit and Baltistan were within the command of the Governor, Brig. Ghansara Singh till 16thNovember, 1947. How and why be failed to protect this region when our armies were already in J&K. On the other hand, Pakistan defied the directives and resolutions of UNCIP, 1947, 1948 by invading Mirpur, Kotli, Poonch and other areas in this region and Pakistan occupied Gilgit, Chitral and Baltistan also after the ceasefire ordered by the UN.

The UN resolutions were defied by Pakistan. UNCIP resolutions of January, 1948 and August 13, 1948 directing Pakistan to withdraw all its civilian settlers and armed forces from all occupied areas in Gilgit-Baltistan and so-called ‘Azad Kashmir’. Why this issue was not raised? Pakistan with the help and blessing of the Anglo-American Bloc in United Nations worked out Dixon Plan with the help of other UN agencies to bail out Pakistan from its default to withdraw its armies from the occupied areas and further back up Pakistan to dissect J&K on religious lines as drawn from the Owen Dixon Plan, 1951.
Pakistan invaded J&K in 1965. The victories of Indian Army in the Pir Panchal area were diluted under Tashkent Agreement when we returned our territories of J&K which we had liberated from Pakistan. Again in 1972 we lost the battle after winning the war by signing Simla Agreement without settling the LoC.
Pakistan resorted to new strategy and waged a war in J&K by using infiltrators. India showed its magnanimity by initiating confidence building measures with the arrogant leadership of Pakistan who had lost the last battle also.

The ruling leadership in J&K has been playing hide and seek with the Central Government and trying to browbeat the Central leadership by taking the advantage of the situation for two decades.

The time is come when India must tell Pakistan to settle LoC once for all. As long as LoC remains unresolved there could be no peace between India and Pakistan. As long as Pakistan is devoid of democracy and rule of law there could be no occasion to talk to the army dictators or their stooges. In my estimate, India should make Pakistan to resolve the status of LoC. Once LoC is settled, the resolution of all other internal issues like autonomy, self-rule or reorganization or Union Territory shall automatically follow.



(Author is Chairman of J&K National Panthers Party and Member of National Integration Council)

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