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Sheikh Abdullah Address To Constituent Assembly Opening Address of Sheikh Mohammed Abdullah to Constituent Assembly on November 5, 1951 Mr !resident" #oday is our day of destiny$ A day %hi&h &omes only on&e in the life a nation$ A day on %hi&h to remember the hosts of those gone before us, and of those yet to &ome, and %e are humbled by the greatness of this day$ After &enturies, %e have rea&hed the harbour of our freedom, a freedom, %hi&h for the first time in history, %ill enable the people of 'ammu and (ashmir, %hose duly ele&ted representatives are gathered here, to shape the future of their &ountry after %ise deliberation, and mould their future organs of )overnment$ No person and no po%er stand bet%een them and the fulfilment of this * their histori& task$ +e are free, at last to shape our aspirations as people and to give substan&e to the ideals %hi&h have brought us together here$ +e meet here today, in this pala&e hall, on&e the symbol of un,uestioned monar&hi&al authority, as free &iti-ens of the Ne% (ashmir for %hi&h %e have so long struggled$ . see about me in this hall, many &ompanions* /indus, Muslims, 0uddhists, /ari1ans and Sikhs, %ho first trod %ith me that path %hi&h has brought us to this Constituent Assembly of 1951$ +e fought as one against tyranny and oppression$ +e survived privations and bitter struggles * the 1ails of /ari !arbat, 0ahu, 0adher%ah and those other 1ails %hi&h only imprisoned our bodies but &ould not &rush our spirit$ +hen %e look ba&k on these years, %e see ho% our footsteps have taken us not among the privileged, but into the homes of the poor and do%ntrodden$ +e have fought their battle against privilege and oppression and against these darker po%ers in the ba&kground %hi&h sought to set man against man on the ground of religion$ Our movement gre% and thrived side by side %ith the .ndian National Congress and gave strength and inspiration to the people of the .ndian States$ . may be forgiven if . feel proud that on&e again in the history of this State, our people have rea&hed a peak of a&hievement through %hat . might &all the &lassi&al (ashmiri genius for synthesis, born of toleration and mutual respe&t$ #hroughout the long tale of our history, the highest pinna&les of our a&hievement have been s&aled %hen religious bigotry and intoleran&e &eased to &ramp us, and %e have breathed the %ider air of brotherhood and mutual understanding$ Our movement to freedom has been ena&ted against the ba&k*ground of this same old struggle$ +e stood for the brotherhood of men of all &reeds, and strengthened our union

on the basis of &ommon %ork and sa&rifi&e$ Against us %ere ranged, the for&es of religious bigotry &entred in the Muslim 2eague and its satellites, and the /indu &ommunalists from %ithin and %ithout the State$ 3anged against us, and often in allian&e %ith &ommunalism %ere the for&es of the auto&rati& States, ba&ked up on the one hand by 0ritish .mperialism, the paramount po%er, and on the other, by the ri&h lando%ners and other benefi&iaries of Court patronage$ +e must remember that our struggle for po%er has no% rea&hed its su&&essful &lima4 in the &onvening of this Constituent Assembly$ .t is for you to translate the vision of N5+ (AS/M.3 into reality, and . %ould remind you of its opening %ords, %hi&h %ill inspire our labours" "We, the people of Jammu, Kashmir, Ladakh and the Frontier regions, including Poonch and Chenani Illaqas - commonl kno!n as Jammu and Kashmir "tate - in order to perfect our union in the fullest equalit and self determination, to raise oursel#es and our children for e#er from the a$ ss of oppression and po#ert , degradation and superstition, from medie#al darkness andignorance, into the sunlit #alle s of plent , ruled $ freedom, science and honest toil in !orth participation of the historic resurgence of the peoples of the %ast and the !orking masses of the !orld, and in determination to make this our countr a da&&ling gem of the sno! $osom of 'sia, do propose and propound the follo!ing Constitution of our "tate"(

#his %as passed at the 1966 Session of the National Conferen&e in Srinagar$ #oday, in 1951, embodying su&h aspirations, men and %omen from the four &orners of the State in this Constituent Assembly have be&ome the repository of its sovereign authority$ #his Assembly invested %ith the authority of a &onstituent body, %ill be the fountain*head of basi& la%s, laying the foundation of a 1ust so&ial order and safeguarding the demo&rati& rights of all the &iti-ens of the State$ 7ou are the sovereign authority in this State of 'ammu and (ashmir8 %hat you de&ide has the irrevo&able for&e of la%$ #he basi& demo&rati& prin&iple of sovereignty of the nation, embodied ably in the Ameri&an and 9ren&h Constitution, is on&e again given shape in our midst$ . shall ,uote the famous %ords of Arti&le : of the 9ren&h Constitution of 1;91"* ")he source of all so#ereignt resides fundamentall in the nation( "o#ereignt is one and indi#isi$le, inaliena$le and imprescripta$le( It $elongs to the nation"( +e should be &lear about the responsibilities that this po%er invests us %ith$ .n front of us lie de&ision of the highest national importan&e %hi&h %e shall be &alled upon to take$ <pon the &orre&tness of our de&isions depends not only the happiness of our land and people no%, but the fate as %ell of generations to &ome$ +hat then are the main fun&tions that this Assembly %ill be &alled upon to perform=

One great task before this Assembly %ill be to devise a Constitution for the future governan&e of the &ountry, Constitution*making is a diffi&ult and detailed matter$ . shall only refer to some of the broad aspe&ts of the Constitution, %hi&h should be the produ&t of the labours of this Assembly$ Another issue of vital importan&e to the nation involves the future of the 3oyal >ynasty$ 7our de&ision %ill have to be taken both %ith urgen&y and %isdom for on that de&ision rests the future form and &hara&ter of the State$ #he third ma1or issue a%aiting your deliberations arises out of the 2and 3eforms %hi&h the )overnment &arried out %ith vigour and determination$ Our land to the tiller poli&y brought light into the dark homes of the peasantry8 but, side by side, it has given rise to the problem of the lando%ner?@As demand for &ompensation$ #he nation being the ultimate &ustodian of all %ealth and resour&es, the representatives of the nation are truly the best 1ury for giving a 1ust and final verdi&t on su&h &laims$ So in your hands lies the po%er of this de&ision$ 9inally, this Assembly %ill after full &onsideration of three alternatives that . shall state later, de&lare its reasoned &on&lusion regarding a&&ession$ #his %ill help us to &hannelise our energies resolutely and %ith greater -eal in dire&tion in %hi&h %e have already started moving for the so&ial and e&onomi& advan&ement of our &ountry$ #o take our first task, that of Constitution*making %e shall naturally be guided by the highest prin&iples of the demo&rati& &onstitutions of the %orld$ +e shall base our %ork on the prin&iples of e,uality, liberty and so&ial 1usti&e %hi&h are an integral feature of all progressive &onstitution$ #he rule of la% as understood in the demo&rati& &ountries of the %orld should be the &ornerstone of our politi&al stru&ture$ 5,uality before the la% and the independen&e of the 'udi&iary from the influen&e of the 54e&utive is vital to use$ #he freedom of the individual in the matter of spee&h, movement and asso&iation should be guaranteed8 freedom of the !ress and of opinion %ould also be features of our Constitution, . need not refer in great detail to all these rights and obligations, already embodied in N5+ (AS/M.3, %hi&h are integral parts of demo&ra&y %hi&h has been defined as an apparatus of so&ial organisation %here in people govern through their &hosen representatives and are themselves guaranteed politi&al and &ivil liberties $ 7ou are no doubt a%are of the s&ope of our present &onstitutional ties %ith .ndia$ +e are proud to have our bonds %ith .ndia, the good%ill of %hose people and )overnment is available to us in unstinted and abundant measure$ #he Constitution of .ndia has provided for a federal union and in the distribution of sovereign po%ers has treated us differently from other &onstituent units$ +ith the e4&eption of the items grouped under >efen&e, 9oreign Affairs and Communi&ation in the .nstrument of A&&ession, %e have &omplete freedom to frame our Constitution in the manner %e like$ .n order to live and prosper as good partners in a &ommon endeavour for the advan&ement of our peoples, . %ould advise that, %hile safeguarding our autonomy to the fullest e4tent so as to enable us to have the liberty to build our &ountry a&&ording to the best traditions and genius of our people, %e may also buy suitable &onstitutional arrangements %ith the

<nion, establish our right to seek and &ompel 9ederal &o*operation and assistan&e in this great task, as %ell as offer our fullest &o*operation and assistan&e to the <nion$ +hereas it %ould be easy for you to devise a do&ument &al&ulated to &reate a frame%ork of la% and order, as also a survey of the duties and rights of &iti-ens, it %ill need more arduous labour to take &on&rete de&isions %ith regard to the manner in %hi&h %e propose to bring about the rapid e&onomi& development of the State and more e,uitable distribution of our national in&ome among the people to %hi&h %e are pledged$ Our National Conferen&e avo%s its faith in the prin&iple that there is something &ommon to men of all &astes and &reeds, and that is their humanity$ #hat being so, the one ailment %hi&h is ruthlessly sapping the vitality of human beings in 'ammu and (ashmir is their appalling poverty, and if, %e merely safeguard their politi&al freedom in solemn terms, it %ill not affe&t their lives materially unless it guarantees them e&onomi& and so&ial 1usti&e$ N5+ (AS/M.3 &ontains a statement of the ob1e&tives of our so&ial poli&y$ .t gives broadly a pi&ture of the kind of life that %e hope to make possible for the people of 'ammu and (ashmir and the manner in %hi&h the e&onomi& organisation of the &ountry %ill be geared to the purpose$ #hese ideals you %ill have to integrate %ith the politi&al stru&ture %hi&h you %ill devise$ #he future politi&al set*up %hi&h you de&ide upon for 'ammu and (ashmir must also take into &onsideration the e4isten&e of various sub*national groups in our State$ Although &ulturally diverse, history has forged an un&ommon unity bet%een them8 they all are pulsating %ith the same hopes and aspirations, sharing in ea&h other?@As 1oys and sorro%s$ +hile guaranteeing this basi& unity of the State, our Constitution must not permit the &on&entration of po%er and privilege in the hands of any parti&ular group or territorial region$ .t must afford the fullest possibilities to ea&h of these groups to gro% and flourish in &onformity %ith their &ultural &hara&teristi&s, %ithout detriment to the integral unity of the State or the re,uirements of our so&ial and e&onomi& poli&ies$ No% let us take up an issue of basi& importan&e %hi&h involves the fundamental &hara&ter of the State itself$ As an instrument of the %ill of a self determining people %ho have no% be&ome sovereign in their o%n right, the Constituent Assembly %ill no% re*e4amine and de&ide upon the future of the present ruling dynasty, in respe&t of its authority$ #he present /ouse of the 3ulers of our State based its &laim to authority on the treaty 3ights granted to it by the 0ritish )overnment in 1B6C$ #o thro% light on the nature of these rights it %ill be helpful to re&all that the 0ritish !o%er, in its drive for territorial e4pansion, a&hieved its ob1e&tives through a net%ork of allian&es %ith the .ndian !rin&es, subsidiary and subordinate, offensive and defensive$ #his mutually helpful arrangement enabled the 0ritish to &onsolidate their po%er, and strengthened the grip of the !rin&es, giving them military help in the event of rebellion by their e4ploited sub1e&ts$ #he 0utler Committee 3eport on #reaty 3ights in 19D9 bears ample testimony to this it says8

")he dut of the Paramount Po!er to protect the "tate against re$ellion and insurrection is deri#ed from the clauses of treaties and sanads, from usage and from the promise of the King %mperor to maintain unimpaired the pri#ileges, rights and dignities of the Princes((((( )he promise of the King %mperor to maintain unimpaired the pri#ileges, rights and dignities of the Princes carries !ith it a dut to protect the Prince against attempts to eliminate him and su$stitute another form of *o#ernment"( .n re&ognition of their servi&es to the 0ritish Cro%n, the .ndian !rin&es earned the re%ards of a limited sovereignty over their States under the !rote&tion and su-erainty of the !aramount po%er$ .t %as in this %ay that their rights, privileges and prerogatives %ere preserved$ #hus the pioneers of the 0ritish .mperialism sub1ugated .ndia aided by the .ndian !rin&es$ #his %as hardly diploma&y8 it amounted to fraud and de&eit8 Mutual agreements arrived at for su&h ignoble purposes %ere invested %ith the san&tity of treaties$ And it is from su&h treaties that the !rin&es &laimed their right to rule$ Our o%n State provides a &lassi& e4ample of this$ One glan&e at a page of our history %ill lay bare the truth$ #he State of 'ammu and (ashmir &ame to be transferred to Mahara1a )ulab Singh in 1B6C, after the Sikh 5mpire began to disintegrate$ /is failure to render &ompetent assistan&e to the Sikh armies %as duly noti&ed by the 0ritish as also his %illingness to a&kno%ledge their authority$ #his paved the %ay for the total o&&upation of Northern .ndia by the 0ritish %ho %ere not slo% in re&ognising Mahara1a )ulab Singh?@As servi&es to them$ .n re%ard they sold him the territory of 'ammu and (ashmir for ;5 lakhs of rupees, and, in the #reaty of Amritsar, the 0ritish )overnment made over the entire &ountry independent possession to Mahara1a )ulab Singh and the heirs mail of his body $ .n this %ay, the entire population of 'ammu and (ashmir State &ame under his absolute authority$ #he pe&uliar indignity of the transa&tion naturally offended the national self respe&t of our people %ho resisted the o&&upation of their &ountry$ 0ut the dire&t intervention of the 0ritish troops helped the Mahara1a to take possession of the territory$ #his event in the history of the State had &atastrophi& &onse,uen&es for the people$ #he old feudal order %hi&h %as bad enough, gave %ay to more e4a&ting rule, in %hi&h the Mahara1a assumed all proprietary rights over land$ #he entire State %as plunged into a &haoti& e&onomi& &ondition, aggravated by a heavy stale of ta4ation, tributes and levies %hi&h %ere re,uired to make up for the money given by the Mahara1a to the 0ritish$ #his unrelieved despotism redu&ed the bulk of the people to the level of serfs$ #here %as general impoverishment$ .n 1B6B some 6,EEE artisans started on a trek to 2ahore, %ith the ob1e&t of permanently settling there$ 5ven the 0ritish &ounselled the Mahara1a to loosen his grip so as to avoid a total &ollapse of his administration$ !erhaps the forefathers of the great poet*philosopher son of (ashmir, .,bal, %ere also part of the same trail of migrants %ho left the State at this time$ +hen his agony over the fate of

the people of his home land burst out in immortal verse, his feelings are e&hoed %ithin the heart of every (ashmiri" O +ind, if you pass through )eneva, give this message to the &omity of the people of the %orld$ #hey sold the peasant, his field, his property and the roof over his head, in fa&t, they sold the entire nation and for %hat a paltry pri&eF

#%o .nvested %ith this absolute authority a&,uired in 1B6C, the present ruling dynasty %as in po%er for one hundred years$ #his sad and stern &entury of servitude has stultified the gro%th of our people, leaving them in the ba&k %aters of &ivilisation$ +hile in 0ritish .ndia, and even in some of the .ndian States, many a measure of reform %as introdu&ed to alleviate the misery of the people, in this State the unenlightened absolutism of the 3ulers drove them deeper and deeper into deeper into poverty and degradation$ +hen &onditions be&ame in&reasingly intolerable they made determined efforts to %rest po%er from the hands of the 3uler$

0y 196;, .ndia had a&hieved independen&e and rea&hed one of her histori&al %atersheds$ .t %as &lear that %ith the %ithdra%al of the !aramount !o%er, the treaty rights of the .ndian !rin&es %ould &ease$ Sovereignty in that &ase should revert to the people8 they %ished therefore to be &onsulted about the arrangements to be made %ith regard to the transfer of po%er$ 0ut a strange situation arose$ #he Cabinet Mission, %hile admitting the &laims of the .ndian National Congress and the Muslim 2eague in 0ritish .ndia, &ompletely refused a similar representation of the StateGs people %ho %ould not allo% the right of the !rin&es to speak on their behalf$ .n our o%n State, the National Conferen&e have made it &lear as early as 9ebruary 1E, 196C that it %as against any further &ontinuan&e of the treaty rights of the !rin&es %hi&h has been made in times and under &ir&umstan&es %hi&h do not obtain no% and %hi&h have been framed %ithout seeking the &onsent of the State peoples$ <nder su&h &ir&umstan&es, no treaties or engagements %hi&h a&t as a dividing %all bet%een their progress and that of their brethren in 0ritish .ndia &an be binding on the people .t %as in this &onne&tion that . invited the attention of the Cabinet Mission to the standing in,uiry of the #reaty of Amritsar, and sought its termination$ . %rote to the Cabinet >elegation that" as the mission is at the moment revie%ing the relationship of the !rin&es %ith the paramount po%er %ith referen&e to treaty rights, %e %ish to submit that for us in (ashmir re*e4amination of this relationship is a vital matter be&ause a hundred years

ago in 1B6C the land and people of (ashmir %ere sold a%ay by the 0ritish for 5E lakhs of 0ritish .ndian 3upees$ #he people of (ashmir are determined to mould their destiny and %e appeal to the Mission to re&ognise the 1usti&e and strength of our &ause $ .n the Memorandum submitted to the Cabinet Mission later by the National Conferen&e, the demand for independen&e from auto&ra&y %as reiterated" #oday the national demand of the people of (ashmir is not merely the establishment of responsible )overnment, but their right to absolute freedom from auto&rati& rule$ #his immensity of the %rong done to our people by the sale deed of 1B6C &an only be 1udged by looking into the a&tual living &onditions of the people$ .t is the depth of our torment that has given strength to our protest $ #he indifferent attitude of the Cabinet Mission to the &laims of the State?@As people &onvin&ed us that freedom %ould not be given to a hundred million people %ho %ere to be left to groan under the heel of auto&rati& rulers$ Conse,uently the National Conferen&e gave a &all to the people to prepare themselves for fresh ordeals and ne% responsibilities in the final bid for the &apture of po%er from the hands of auto&ra&y$ #his &all &ame on the eve of the transfer of po%er in .ndia and %as therefore in keeping %ith the spirit of the times$ #he partition of .ndia in 196; brought many ne% problems and developments in its %ake$ .n (ashmir, the very foundations of the administration began to shake, and the )overnment made franti& efforts to pat&h up the &ra&king stru&ture$ .ts in&ompeten&e had be&ome glaring$ +ith the tribal raids on the State in O&tober 196;, it %as obvious that the Mahara1ah?@As authority had &eased to fun&tion and the real po%er lay in the hands of the people?@As organisation, the National Conferen&e$ 5ven at this hour of grave national danger, the 3uler failed to see the %isdom of taking this organisation into his &onfiden&e and he preferred es&ape to the dignity of a formal surrender$ +hen the situation be&ame &riti&al, the unpre&edented pressure of the people for&ed him to &all upon the representatives of the National Conferen&e to deal %ith the emergen&y, %hen he himself had failed to handle the affairs of the State effe&tively$ #he emergen&y Administration in the State marked in effe&t a revolutionary transfer of po%er from the 3uler to the people$ .t %as ho%ever the !ro&lamation of Mar&h 5, 196B %hi&h &onstituted the first step to%ards the &ompletion of the national eman&ipation$ On this day, ., as leader of the largest party of the State, %as entrusted %ith its )overnment, being assisted by a Cabinet %ith full po%ers to run the administration$ #he Mahara1a?@As authority %as limited to that of a &onstitutional ruler8 making it imperative upon him to &onsult his )overnment on any issues relating to the governan&e of the State #his %as obviously an interim measure$ #he Cabinet of the people?@As representatives thus &hosen fun&tioned %ith the support and &o*operation of the National Conferen&e, but %ith the passage of time it be&ame &lear that the Mahara1a

&ould not re&on&ile himself to this demo&rati& system of )overnment$ /e put positive impediments in the %ay of the )overnment$ #hese threatened to blo&k mu&h needed reforms in various spheres of administration$ .t %as, therefore natural that follo%ing disagreement bet%een him and the )overnment on matters of poli&y, that he should dis&onne&t himself from the administration and leave the State$ /is young son 7uvara1a (aran Singh thereupon be&ame the 3egent and fun&tioned as Constitutional /ead of the State$ #oday, the Constituent Assembly having met, the time has &ome for the people?@As representatives to make fundamental de&ision about the future position of the present dynasty$ .t is &lear that this dynasty &an no longer e4er&ise authority on the basis of an old dis&redited treaty during my trial for sedition in the Huit (ashmir movement . had &larified the attitude of my party %hen . said" #he future &onstitutional set up in the State of 'ammu and (ashmir &annot derive authority from the old sour&e of relationship %hi&h %as e4piring and %as bound to end soon$ #he set up &ould only rest on the a&tive %ill of the people of the State, &onferring on the /ead of the State the title and authority dra%n from the true and abiding sour&e of sovereignty, that is the people $ On this o&&asion, in 196C, . had also indi&ated the basis on %hi&h an individual &ould be entrusted by the people %ith the symboli& authority of a Constitutional /ead"* #he State and its /ead represent the &onstitutional &ir&umferen&e and the &entre of this sovereignty respe&tively, the /ead of the State being the symbol of the authority %ith %hi&h the people may invest him for the realisation of their aspirations and the maintenan&e of their rights $ .n &onsonan&e %ith these prin&iples, and in supreme fulfilment of the people?@As aspirations, it follo%s that a Constitutional /ead of the State %ill have to be &hosen to e4er&ise the fun&tions %hi&h this Assembly may &hoose to entrust to him$ So far as my party is &on&erned, %e are &onvin&ed that the institution of monar&hy is in&ompatible %ith the spirit and needs of modern times %hi&h demand an egalitarian relationship bet%een one &iti-en and another$ #he supreme test of a demo&ra&y is the measure of e,uality of opportunity that it affords to its &iti-ens to rise to the highest point of authority and position$ .n &onse,uen&e, monar&hies are fast disappearing from the %orld pi&ture, as something in the nature of feudal ana&hronisms$ .n .ndia, too, %here before the partition, si4 hundred and odd prin&es e4er&ised rights and privileges of rulership, the pro&ess of demo&ratisation has been taken up at present hardly ten of them e4er&ise the limited authority of &onstitutional heads of State$ After the attainment of &omplete po%er by the people, it %ould have been an appropriate gesture of gratitude to re&ognise the Mahara1a as the first &onstitutional

head of the State$ 0ut . am sorry to say that the Mahara1a has lost &onfiden&e of all the se&tions of the people$ /is in&ompeten&e to go along %ith the &hanged times and his obs&urantist vie%s on important matters indi&ate that he is not fit to hold offi&e of the highest demo&rati& ruler of the State$ Moreover, his previous a&tions as the ruler have proved that he is not able to a&t responsibly and impartially$ !eople of this land still remember %ith pain and anguish that &ru&ial time %hen the Mahara1a did not &ome to their help$ #hey also remember his ineffi&ien&y %hen he failed to prote&t a se&tion of the people of 'ammu$ St$ #homas A&,uinos has in the 1:th &entury des&ribed in the follo%ing %ords the fall out of the a&tions of a ruler insensitive to his responsibilities" A (ing %ho shuts his eyes on his responsibilities loses the right to be obeyed by his sub1e&ts$ #o oust su&h a king %ould not be a revolt be&ause he is himself a rebel %hose ouster is the right of the people$ .t %ould be right to redu&e his po%ers so that he does not misuse these$ All the politi&al po%er is derived from the people$ .t is thus imperative that they or their representatives make all the la%s$ >epending on the %ishes of another individual %ill never provide se&urity to us Considering the earlier &ondu&t of the Mahara1a, it &an not be even thought of to share the State?@As )overnment %ith him$ . am sure that no one from amongst us is interested in any personal dispute %ith the Mahara1a?@As family$ 9or running the affairs of the State it is important to vie% everyone impartially$ Our de&isions should not be &louded %ith personal animosity and misunderstanding$ Asso&iation %ith 7uvra1 (aran Singh for the last fe% years has impressed me and my &olleagues in the )overnment about his intelligen&e, farsightedness and desire to serve the &ountry$ #hese ,ualities of the 7uvra1 make him to be honoured %ith being the first duly ele&ted ruler of the State$ #here is no doubt that 7uvara1 (aran Singh in his &apa&ity as a &iti-en of the State, %ill prove a fitting symbol of the transition to a demo&rati& system in %hi&h the ruler of yesterday be&omes the first servant of the people, fun&tioning under their authority, and on their behalf$ #he ne4t issue before us is that of the &ompensation %hi&h %e should or should not grant to those lando%ners %ho have been e4propriated during the putting into operation of the land to the tiller legislation, under %hi&h land %as given or given ba&k to the man %ho a&tually &ultivates it$ .t is not possible for you to &onsider this ,uestion dispassionately unless you understand something of the history of land tenure in the State$ 9or us the %ell being of the peasants %ho form the vast ma1ority of the population of this &ountry is a top priority8 %e realise that on a sound organisation of agri&ulture, and the elimination of debt and the evils of landlordism their ultimate %elfare depends$ +e sin&erely believe that our body politi& &annot be healthy as long as there e4ists here an army of men doing little or no %ork and getting easy remuneration for it, and as long as %e perpetuate the dangerous age old &lass division of our so&iety that landlordism breeds$ Our attempt

has been to make our land d%ellers &ontented$ +e set about this fundamental reform in the follo%ing %ay$

#hree On Martyr?@As >ay, the 1:th of 'uly 195E, the )overnment de&lared its poli&y of li,uidating the big landed estates and transferring land to the tillers of the soil$ On the 1;th of O&tober, 195E %as ena&ted the 0ig 2anded 5states Abolition A&t$ 0y this A&t, the right of o%nership in respe&t of lands in e4&ess of DDI:*6 a&res of land e4&luding or&hards, grass and fuel reserves, %as abolished and su&h land %as de&reed and transferred to the a&tual tillers to the e4tent of their possession$ .n this %ay, the right of the &ultivator to the o%nership of land in his possession %as re&ognised and enfor&ed and no ne% &lass of intermediaries or rent re&eivers %as allo%ed to &ome into being$ #he abolition of landlordism is thus an a&&omplished fa&t and there is no going ba&k on the de&ision already taken$ #he 0ig 2anded 5states Abolition A&t ho%ever, provides for the Constituent Assembly to settle the ,uestion of &ompensation %ith respe&t to the land from %hi&h e4propriation has taken pla&e$ #hat ,uestion is no% before you for de&ision$ #he system of individual o%nership of land is of modern gro%th and originally, the land belonged in &ommon to &ommunities of kinsmen or to the State$ 0efore the 0ritish rule, the proprietors %ere by no means the real o%ners of the soil and of all methods for the &olle&tion of revenue during that time the most note%orthy %as that of &olle&ting it dire&t from the &ultivators through the /eadmen of the villages$ #here is very little eviden&e to sho% that, in Mogul and Sikh times, there %ere many rent paying tenants$ #he Ain*i*Akbari not only &ontains no regulations about tenants, but also re&ognises no intermediary bet%een the &ultivator and the State Nevertheless, there %ere some types of intermediaries in the pre*0ritish period and also in later times and it is the e4isten&e of these intermediaries %hi&h led to the development of landlordism in the State$ #he revenue farmers %ere one &lass of su&h intermediaries and so %ere the different privileged &lasses of assignees,1agirdars, muafidars and mukarraridars, all en1oying feudal &on&ession, %hi&h %ere &reated during the Mogul and the Sikh times and also during the >ogra 3ule$ .n the 'ammu !rovin&e o%nership of land %as granted by State >eeds during the Sikh 3ule and the earlier period of the >ogra 3ule$ .n the (ashmir !rovin&e, the o%nership of land %as held by the 3uler sin&e 1B6C, %hen Mahara1a )ulab Singh pur&hased (ashmir from the 0ritish$ .t %as in 19:: as a result of the pressure of publi& opinion than proprietary right in land %as &onferred on the landholders in the (ashmir provin&e in&luding the 9rontier >istri&ts, but this &on&ession to mass demand for transfer of proprietorship of land to the a&tual &ultivators %as redu&ed to a fi&tion in as mu&h as large tra&ts of land, granted by earlier 3ulers to influential persons$ 3a1as and >e%ans by State >eeds %ere &onstrued and a&ted upon as grants of the right of proprietorship

in land$ .n this manner %ere &reated big proprietors %ho did not &ultivate their lands themselves, but had tenants %ho paid them rent in &ash and kind$ #he small peasant proprietor %ho &ultivated land %ith his o%n hands also e4isted, but there %ere &ases %here the &ultivators %ho had originally a&,uired holders, right and %ere re&orded as su&h %ere relegated to the position of tenants by the right of land holding being granted by the 3uler to some of his favourites %ho did not &ultivate the land themselves and %ere pure and simple rent re&eivers$ +hile the land settlement in the State %as rightly made %ith the peasant proprietors, the settlement %ith the intermediary proprietors %as not made on their re&ognition as proprietors of the soil, but be&ause of &ertain politi&al and finan&ial reasons$ .t %as %ell understood even by the su&&essive Settlement Offi&ers and Settlement Commissioner in the State that though the intermediary proprietors %ere to be de&lared the proprietors of the soil, their tenants really %ere no ordinary tenants, but %ere, in most &ases, the original and hereditary possessors of the soil$ #he 9irst 3egular Settlement &ondu&ted in the State had perhaps nothing to do %ith the determination of the histori&al and a&&urate theory of the intermediary proprietors, position, nor %as its fun&tion to &onfer on the proprietors a position &omparable to %hat they originally %ere$ .t appears that the task of the settlement authorities %as only to legalise all the original a&ts of illegality and usurpation by %hi&h intermediary revenue farmers or rent re&eivers had assumed great po%er and influen&e in the period of disorder, before a proper 3evenue Administration &ame to the &ountry$ At the 9irst 3egular Settlement the area of land not under &ultivation %as very large$ .n 1B91 A> %hen the late Sir +alter 2a%ren&e %as in the State every indu&ement %as given to the &ultivators to till the land and in this %ay large tra&ts of State land %here brought under &ultivation$ 0ut even su&h lands as had been re&laimed and brought under the plough by the &ultivators %here gifted a%ay in proprietary right to influential person$ #here %ere grants of land kno%n as &haks made under orders No$ 5 and C, other%ise kno%n as the !ratap Code$ All these grants %ere sub1e&t to substantial &on&ession in land revenue$ #here %ere grants of different kinds, as for instan&e, State Offi&ial?@As )rant, )rants in perpetuity, /indu )rants and others$ #he vast ma1ority of these &on&essionistland holders obtained their grants by virtue of the high positions they had a&,uired$ #he grants under the !ratap &ode %ere entirely made to the &lan and the kinsmen of the 3oyal /ouse in %hose favour %ere also released some State 9orest 3eserves and &ultivable areas in some )ame 3eserves$ +ith the demar&ation of forests in the State, s everal areas %ere e4&luded from the forests and let out for &ultivation and for purposes of agri&ulture$ State lands %ere similarly permitted to be used as )ra-ing )round$ #he re&laimed land out of the +ular 2ake, and in and around the >al 2ake, %hi&h %as o%ned by the State, %as also released for &ultivation$ And then under 3a1 #ilak 0oon No$ 6 about DC years ago, State %aste lands %ere granted as Jillage Commons e,uivalent to the aggregate &ultivated land of ea&h village, %ith the same rights as the landholders en1oyed in respe&t of their e4isting holdings$ 5ven after the 9irst 3egular Settlement, many estates %ere sold to spe&ulators or given over to those %ho %ere prepared to meet the land revenue demand in &ases %here default %as made by a&tual &ultivators, and the right to o%n land %as re&ogni-ed as that of the

revenue*payer as against the a&tual &ultivator %ho defaulted$ #he non*&ultivating land* o%ners leased out their interests and the middle*men leased it out in turn, &reating a long &hain of rent*re&eivers and rent*payers, %ho intervened bet%een the State and the a&tual &ultivators$ .t %ill thus be seen that a substantial portion of the landed property &ame to be o%ned from su&h land as %as the property of the State before and in every &ase the a&,uisition of land %as free from any en&umbran&e or payment of any &onsideration$ .t is in the light of this histori&al ba&kground, therefore, that the /on?@Able Members of this /ouse shall have to &onsider %hether there is any 1ustifi&ation for payment of any &ompensation to su&h land*o%ners for lands from %hi&h they are e4*propriated under the 0ig 2anded 5states Abolition A&t$ 9inally %e &ome to the issue %hi&h has made (ashmir an ob1e&t of %orld interest, and has brought her before the forum of the <nited Nations$ #his simple issue has be&ome so involved that people have begun to ask themselves, after three and a half years of tense e4pe&tan&y$ .s there any solution= Our ans%er is in the affirmative$ 5verything hinges round the genuineness of the %ill to find a solution$ .f %e fa&e the issue straight, the solution is simple$ #he problem may be posed in this %ay$ 9irstly, %as !akistan?@As a&tion in invading (ashmir in 196; morally and legally &orre&t, 1udged by any norm of international behaviour= Sir O%en >i4on?@As Jerdi&t on this issue is perfe&tly plain$ .n unambiguous terms he de&lared !akistan an aggressor$ #he legality of the a&&ession has not been seriously ,uestioned by any responsible or independent person or authority$ #hese ans%ers are obviously &orre&t$ #hen %here is the 1ustifi&ation of treating .ndia and !akistan at par in matters pertaining to (ashmir= .n fa&t, the for&e of logi& di&tates the &on&lusion that the aggressor should %ithdra% his armed for&es, and the <nited Nations should see that !akistan gets out of the State$ .n that event, .ndia herself, an4ious to give the people of the State a &han&e to e4press their %ill freely %ould %illingly &o*operate %ith any sound plan of demilitarisation$ #hey %ould %ithdra% their for&es, only garrisoning enough posts to ensure against any repetition of that earlier trea&herous atta&k from !akistan$ #hese t%o steps %ould have gone a long %ay to bring about a ne% atmosphere in the State$ #he rehabilitation of displa&ed people, and the restoration of stable &ivi& &onditions %ould have allo%ed people to e4press their %ill and take the ultimate de&ision$ +e as a )overnment are keen to let our people de&ide the future of our land in a&&ordan&e %ith their o%n %ishes$ .f these three preliminary pro&esses %ere a&&omplished, %e should be happy to have the assistan&e of international observers to ensure fair play and the re,uisite &onditions for a free &hoi&e by the people$

.nstead invader and defender have been put on the same plan$ <nder various garbs, attempts have been made to side tra&k the main issues$ Sometimes, against all out ideals of life and %ay of living attempts to divide our territories have been made in the form of separation of our State religion*%ise, %ith ultimate plans of further disrupting its territorial integrity$ On&e an offer %as made to poli&e our &ountry %ith Common*+ealth for&es, %hi&h threatens to bring in .mperial &ontrol by the ba&k door$ 0esides the repugnan&e %hi&h our people have, ho%ever, to the idea of inviting foreign troops on their soil, the very presen&e of Common +ealth troops &ould have &reated suspi&ion among our neighbours that %e %ere allo%ing ourselves to be used as a base of possible future aggression against them$ #his &ould easily have made us in a se&ond (orea$ +e have %at&hed all this patiently8 but %e &annot be indifferent to the gro%ing sufferings of our people %e &annot any longe r tolerate being bandied about and left %ith an indefinite future$ Not only has our patien&e been tried to its limits, but our self* respe&t has been &hallenged by allegation that %e are the stooges of .ndia , and nobodies in our o%n land, that our influen&e rests on .ndian bayonets, that %e are running a !oli&e State and various other taunts and fantasti& allegations$ +e, therefore, thought it best to &all upon our o%n people to de&lare %hat future they seek$ At last %e, in O&tober 195E de&ided to &onvoke a &onstituent Assembly %hi&h %ould pronoun&e upon the future affiliations of our State$ +e %ere, and are, &onvin&ed that %hatever some groups or individuals in the %orld outside might have to say about this de&ision of ours there are in every &ountry many people %ho have faith in 1usti&e and straightfor%ard dealing$

9our . have no doubt that our &onsidered vie%s %ill be understood and supported by freedom*loving, pea&e*loving and demo&rati& minded people all over the %orld$ . am sure too that Almighty )od %ho guards all 1ust &auses %ill besto% /is blessings upon us and guide our footsteps to%ards &orre&t and honest ends$ #he problem, then, of a&&ession has to be &onsidered against the ba&kground of history in parti&ular of the immediate past &onse,uent on the 0ritish ,uitting .ndia disappearan&e of the !aramount !o%er$ #he end of the +ar brought to a head the ,uestion of .ndian freedom$ 2et me re&apitulate$ #he Cabinet Mission %as sent to .ndia to hammer out plans for the transfer of po%er$ #his Mission had a series of &onsultations %ith parties and leaders of opinion in 0ritish .ndian but refused to agree to the people of the .ndian states being represented by their popular leaders and instead ba&ked up their old allies, the .ndian !rin&es$ . and my &olleagues had at that time raised our voi&e against this attitude in the follo%ing %ords of our Memorandum$

")he fate of the Kashmiri nation is in $alance and in this hour of decision !e demand our $asic democratic right to send our selected representati#es to the constitution making $odies that !ill construct the frame!ork of Free India( We emphaticall repudiate the right of the Princel +rder to represent the people of the Indian "tates or their right to nominate their personal representati#es as our spokesmen" . have no doubt in my mind that if popular representatives from the .ndian States had been in&luded in the dis&ussions they %ould have &ertainly helped in having many &ontroversial issues resolved fairly and smoothly$ 0ut that %as not to be$ #o our misfortune and to the misfortune of millions of people in .ndia and !akistan, the Cabinet Mission as %ell as the .ndian !oliti&al !arties seemed to have been s%ayed by various &onfli&ting &onsiderations, %ith the result that the .ndian sub*&ontinentally %hi&h had a&,uired an organi& unity through ages of so&ial, &ultural and e&onomi& inter&ourse, %as suddenly vivise&ted into the t%o >ominions of .ndia and !akistan$ . need not relate here the horrors that follo%ed this unnatural operation$ Millions of hearts in both &ountries still a&he %ith %ounds that %ill not heal$ #he agony of this &hange over be&ame all the more intense as a result of the position in %hi&h the .ndian States %ere left <nder the .ndian .ndependen&e A&t of the 0ritish !arliament, the !aramount&y of the 0ritish Cro%n, against %hi&h the prin&es had been leaning, lapsed, and it %as made &lear that it %ould not be transferred to either of the su&&eeding >ominions$ #here %ere three alternative &ourses open to them$ #hey &ould a&&ede to either of the t%o dominions or remain independent$ #his gave the !rin&es, themselves the option to de&ide the fate of their States$ 9ollo%ing the announ&ement of the Mountbatten !lan on 'une :, some of the .ndian States a&&eded to !akistan and some to .ndia by means of .nstruments of A&&ession e4e&uted through their !rin&es$ #here %ere also some %ho entered into Stand still Agreements %ith either or both pending finali-ation of their de&isions$ ")he $etra al of the interests of the "tates people had $een e,pected follo!ing the re-ection of the .emorandum of the /ational Conference, and so !e in Kashmir decided to place the issue $efore the people themsel#es"( #his is ho% our %ell*kno%n Huit (ashmir agitation began$ #he National Conferen&e on&e again led the people through a great struggle, and on&e again the 3uler tried to &urb it, this time %ith unpre&edented severity$ 0ut %hen a %hole people is on the move it is not possible to repress them and they do not stop until they %rest freedom and 1usti&e for themselves from the un%illing hands of those above them$ #he &ru&ial date of .ndian and !akistani .ndependen&e, therefore, &ame %hen . and my &olleagues %ere still behind prison bars$ #he %hole sub*&ontinent %as in a state of high tension and disturban&e$ .f at that time, the /ead of the State of 'ammu and (ashmir had even the slightest sense of realism or a proper a%areness of the danger lurking in the situation, he %ould have immediately taken the people into his &onfiden&e$ 0y

asso&iating their representatives %ith administration$ . am sure many of the &ompli&ations that arose later &ould have been avoided$ .nstead of that, the Mahara1ah?@As )overnment entered in a stand still agreement %ith !akistan, and this %as a&&epted %ithout ,uestion by that >ominion$ A similar arrangement %as suggested to .ndia, also, but it is note%orthy that the )overnment of .ndia insisted that it &ould not &onsider any agreement entered into by the )overnment of the State valid until it had the approval of the people?@As representatives$ +hile the leaders &onsistently refused to re&ognise the vital issue of a&&ession %ithout first se&uring the approval of his people, the Muslim 2eague and the !akistan )overnment supported the &laims of the 3ulers to speak for their states$ #he late Mr 'innah took the position that after the lapse of !aramount&y, the !rin&es %ere &ompletely independent and that they &ould themselves determine %hat relations they should have %ith the t%o >ominions$ #hroughout the struggles that the people of (ashmir %aged against auto&ra&y, %e should never forget that the Muslim 2eague leadership had &ompletely disasso&iated itself from them and that8 during the upsurge of 196C, their lo&al party organs had assisted the administration to suppress the movement$ At this &ru&ial time, then, !akistan %as under stri&t &over of se&re&y, perfe&ting her o%n plans, and the >a%n, the Muslim 2eagueGs offi&ial organ in (ara&hi, %as appealing to the Mahara1ah to a&&ede to !akistan on the grounds that he %ould have far greater freedom there than in .ndia$ .t %as at this stage, taking advantage of the isolation of the (ashmiris from the rest of the %orld, that !akistan imposed an e&onomi& blo&kade upon us %ith a vie% to starve us into submission$ Attempts %ere made even to e4&ite &ommunal hatred to disrupt our pea&eful &ivi& life$ 5ven in the fa&e of su&h provo&ation, the National Conferen&e, . am proud to say, took an ob1e&tive and demo&rati& stand immediately on my release from imprisonment$ . &larified the issue at a mass meeting in Srinagar$ #he first and fundamental issue before us %as the establishment of a popular )overnment$ Our ob1e&tive might be summarised a 9reedom 9irst $ #hen alone &ould %e as a free people de&ide our future asso&iations through a&&ession$ . also made it &lear that the National Conferen&e %ould &onsider this issue %ithout pre1udi&e to its politi&al friends and opponents, and stri&tly in a&&ordan&e %ith the best interests of the &ountry as a %hole$ . said that, in the state of tension and &onfli&t that obtained both in .ndia and !akistan, it %as diffi&ult for the people here and no% to predi&t %hat the final shape of both %ould be$ 7ou %ill realise, therefore, that %e &ould not be a&&used of being partial to one side or the other$ >uring that period %e openly dis&ussed the matter %ith representatives of the Muslim 2eague %ho had &ome to Srinagar for this purpose$ +e even sent one of our representatives in 2ahore to a&,uaint the authorities in !akistan %ith our point of vie%$ +e %ere thus still struggling against auto&ra&y and for freedom %hen the State %as suddenly invaded from the side of !akistan$

#he over%helming pressure of this invasion brought about a total &ollapse of the armed for&es of the State as %ell as its administrative ma&hinery, leaving the &ompletely defen&eless people at the mer&y of invaders$ .t %as not an ordinary type of invasion, in as mu&h as no &anons of %arfare %ere observed$ #he tribesmen %ho atta&ked the State in thousands, killed, burnt, looted and destroyed %hatever &ame their %ay and in this savagery no se&tion of the people &ould es&ape$ 5ven the nuns and nurses of a Catholi& Mission %ere either killed, or brutally maltreated$ As these raiders advan&ed to%ards Srinagar, the last vestige of authority, %hi&h lay in the person of the Mahara1a, %ho suddenly disappeared from the Capital$ #his &reated a strange va&uum, and %ould have &ertainly led the o&&upation of the %hole State by !akistani troops and tribesmen, if, at this supreme hour of &risis, the entire people of (ashmir had not risen like a solid barrier against the aggressor$ #hey halted his on rush, but &ould not stop him entirely as the defenders had not enough e4perien&e, training and e,uipment to fight ba&k effe&tively$ #here is no doubt that some of them rose to great heights of heroism during these fateful days$ +ho &an help being moved by the saga of &ru&ified Sher%ani, Abdul A-i- 0rigadier 3a1endra Singh, !rempal Sardar, 3angil Singh early Militia boys like !ushkar Nath Kadoo, Somnath 0ira, .smail, among s&ores of other named and unnamed heroes of all &ommunities$ 0ut %e, though ri&h in human material, la&ked %ar e,uipment and trained soldiers$ +hen the raiders %ere fast approa&hing Srinagar, %e &ould think of only one %ay to save the State from total annihilation * by asking for help from a friendly neighbour$ #he representative of the National Conferen&e, therefore fle% to >elhi to seek help from the )overnment of .ndia$ 0ut the absen&e of any &onstitutionalties bet%een our State and .ndia made it impossible for her to render us any effe&tive assistan&e in meeting the aggressor$ As . said earlier, .ndia had refused to sign a standstill Agreement %ith the State on the ground that she &ould not a&&ept su&h an Agreement until it has the approval of the people$ 0ut no%, sin&e the people?@As representatives themselves sought an allian&e, the )overnment of .ndia sho%ed readiness to a&&ept it$ 2egally the instrument of A&&ession had to be signed by the 3uler of the State$ #his the Mahara1ah did$ +hile a&&epting that a&&ession, the )overnment of .ndia said that she %ished that as soon as la% and order have been restored in (ashmir and her soil &leared of the invader, the ,uestion of the State?@As a&&ession should be settled by referen&e to the people $ A&tuated by a sin&ere desire to avoid bloodshed and further &onfli&t, the )overnment of .ndia approa&hed the Se&urity Coun&il in 196B, %ith a &omplaint against !akistan$ #he re,uest %as simple$ #he &ontention of .ndia %as that !akistan %as responsible for the invasion of (ashmir and %as &ontinuing to help the raiders, %ho had been employed as mer&enaries for this purpose$ And it %as further said that legally bound as .ndia %as to &lear the 'ammu and (ashmir State of raiders, she might be &onstrained to pursue the invaders to their bases in !akistan, %hi&h might lead to a still bigger &onflagration$ .ndia, therefore %anted the Se&urity Coun&il to dispose of the &ase as ,ui&kly as possible in the interest of pea&e$ .f this had been done, &onditions %ould have ipsofa&to&ome into being %hen the people of 'ammu and (ashmir %ould have e4pressed their %ill %ith

regard to the &ontinuan&e of the a&&ession to the >ominion they had 1oined$ #his %as not to be$ #his is the essential ba&kground %hi&h %e must fully take into a&&ount$ No% . shall indi&ate some of the &onsiderations %hi&h should be kept in vie% %hen you the /on?@Able Members of this August Assembly, shoulder the grave responsibility of giving your &onsidered opinion on this issue of a&&ession %hi&h effe&ts not only the present generation of our people but generations yet to &ome$ #he Cabinet Mission !lan has provided for three &ourses %hi&h may be follo%ed by the .ndian States %hen determining their future affiliations$ A State &an either a&&ede to .ndia or a&&ede to !akistan but, failing to do either, it still &an &laim the right to remain independent$ #hese three alternatives are naturally open to our State8 +hile the intention of the 0ritish )overnment %as to se&ure the privileges of the !rin&es8 the representatives of the people must have the primary &onsideration of promoting the greatest good of the &ommon people$ +hatever steps they take must &ontribute to the gro%th of a demo&rati& so&ial order %here in all invidious distin&tions bet%een group of &reeds are absent$ 'udged by this supreme &onsideration, %hat are the advantages and disadvantages of our State?@As a&&ession to either .ndia or !akistan, or of having an independent status= As a realist . am &ons&ious that nothing is all bla&k or all %hite, and there are many fa&ts to ea&h of the propositions before us$ . shall first speak on the merits and demerits of the State?@As a&&ession to .ndia$ .n the final analysis, as . understand it, it is the kinship of ideals %hi&h determines the strength of ties bet%een t%o States$ #he .ndian National Congress has &onsistently supported the &ause of the State?@As peoples?@A freedom$ #he auto&rati& rule of the !rin&es has been done a%ay %ith %hile the representative governments have been entrusted %ith the administration$ Steps to%ards demo&ratisation have been taken and these have raised the people?@As standard of living, brought about mu&h needed so&ial re&onstru&tion, and, above all built up their very independen&e of spirit$ Naturally, if %e a&&ede to .ndia there is no danger of a revival of feudalism and auto&ra&y$ Moreover, during the last four years, the )overnment of .ndia has never tried to interfere in our internal autonomy$ #his e4perien&e has strengthened our &onfiden&e in them as a demo&rati& State$

9ive #he real &hara&ter of a State is revealed in its Constitution$ #he .ndian Constitution has set before the &ountry the goal of se&ular demo&ra&y based upon 1usti&e, freedom and e,uality for all %ithout distin&tion$ #his is the bedro&k of modern demo&ra&y$ #his should meet the argument that the Muslims of (ashmir &an not have se&urity in .ndia, %here the large ma1ority of the population are /indus$ Any unnatural &leavage bet%een religious groups is the lega&y of .mperialism, and no modern State &an afford to en&ourage artifi&ial divisions if it is to a&hieve progress and prosperity$ #he .ndian

Constitution has amply and finally repudiated the &on&ept of a religious State, %hi&h is a thro%ba&k to medievalism, buy guaranteeing the e,uality of rights of all &iti-ens irrespe&tive of their religion, &olour, &aste and &lass$ #he national movement in our State naturally gravitates to%ards these prin&iples of se&ular demo&ra&y$ #he people here %ill never a&&ept a prin&iple %hi&h seeks to favour the interests of one religion or so&ial group against another$ #his affinity in politi&al prin&iples, as %ell as in past asso&iation, and our &ommon path of suffering in the &ause of freedom, must be %eighed properly %hile de&iding the future of the State$ +e are also intimately &on&erned %ith the e&onomi& %ell*being of the people of this State$ As . said before %hile referring to &onstitution*building, politi&al ideals are often meaningless unless linked %ith e&onomi& plans$ As a State, %e are &on&erned mainly %ith agri&ulture and trade$ As you kno%, and as . have detailed before, %e have been able to put through our land to the tiller legislation and to make it a pra&ti&al su&&ess$ "2and and all it means is an inestimable blessing to our peasants %ho have dragged alone in servitude to the landlord and his allies for &enturies %ithout number$ +e have been able under present &onditions to &arry these reforms through8 are %e sure that in allian&e %ith landlord ridden !akistan, %ith so many feudal privileges inta&t that this e&onomi& reforms of ours %ill be tolerated= +e have already heard that ne%s of our 2and 3eforms has travelled to the peasants of the enemy*o&&upied area of our State %ho vainly desire a like status, and like benefits$ .n the se&ond pla&e, our e&onomi& %elfare is bound up %ith our arts and &rafts$ #he traditional markets for these pre&ious goods, for %hi&h %e are 1ustly kno%n all over the %orld, have been &entred in .ndia$ #he volume of our trade, inspite of the dislo&ation of the last fe% years, sho%s this$ .ndustry is also highly important to us$ !otentially %e are ri&h in minerals, and in the ra% materials of industry8 %e need help to develop our resour&es$ .ndia, being more highly industrialised than !akistan, &an give us e,uipment, te&hni&al servi&es and materials$ She &an help us in marketing, many goods also %hi&h it %ould not be pra&ti&al for us to produ&e here*for instan&e, sugar, &otton, &loth, and other essential &ommodities*&an be got by us in large ,uantities from .ndia$ .t is around the effi&ient supply of su&h basi& ne&essities that the standard of living of the man*in*the*street depends$ . shall refer no% to the alleged disadvantages of a&&ession to .ndia$ #o being %ith, although the land frontiers of .ndia and (ashmir are &ontiguous, an all* %eather road*link as dependable as the one %e have !akistan does not e4ist$ #his must ne&essarily hamper trade and &ommer&e to some e4tent, parti&ularly during the sno%y %inter months$ 0ut %e have studied this ,uestion, and %ith improvements in modern engineering, if the State %ishes to remain %ith .ndia the establishment of an all*%eather stable system of &ommuni&ation is both feasible and easy$ Similarly, the use of the State rivers as a means of timber transport is impossible if %e turn to .ndia, e4&ept in 'ammu %here the river Chenab still &arries logs to the plains$ .n reply to this argument, it may be pointed out that a&&ession to .ndia %ill open up possibilities of utilising our forest %ealth for industrial purposes and that, instead of timber, finished goods, %hi&h

%ill provide %ork for our &arpenters and labourers, &an be e4ported to .ndia %here there is a ready market for them$ .ndeed in the presen&e of our fleets of timber &arrying tru&ks, river*transport is a &rude system %hi&h infli&ts a loss of some DEL to :5L in transit$ Still another fa&tor has to be taken into &onsideration$ Certain tenden&ies have been asserting themselves in .ndia %hi&h may in the future &onvert it into a religious State %herein the interests of Muslims %ill be 1eopardised$ #his %ould happen if a &ommunal organisation had a dominant hand in the )overnment, and Congress ideals of the e,uality of all &ommunities %ere made to give %ay to religious intoleran&e$ #he &ontinued a&&ession of (ashmir to .ndia should, ho%ever, help in defeating this tenden&y$ 9rom my e4perien&e of the last four years, it is my &onsidered 1udgement that the presen&e of (ashmir in the <nion of .ndia has been the ma1or fa&tor in stabilising relations bet%een the /indus and Muslims of .ndia$ )andhi1i %as not %rong %hen he uttered %ords before his death %hi&h paraphrase8 . lift up mine eyes unto the hills, from %hen&e &ometh my help As . have said before, %e must &onsider the ,uestion of a&&ession %ith an open mind, and not let our personal pre1udi&es stand in the %ay of balan&ed 1udgement$ . %ill no% invite you to evaluate the alternative of a&&ession to !akistan$ #he most po%erful argument %hi&h &an be advan&ed in her favour is that !akistan is a Muslim State, and a big ma1ority of our people being Muslims the State must a&&ede to !akistan$ #his &laim of being a Muslim State is of &ourse only a &amouflage$ .t is a s&reen to dupe the &ommon man, so that he may not see &learly that !akistan is a feudal State in %hi&h a &li,ue is trying by these methods to maintain itself in po%er$ .n addition to this, the appeal to religion &onstitutes a sentimental and a %rong approa&h to the ,uestion$ Sentiment has its o%n pla&e in life, but often it leads to irrational a&tion$ Some argue, as supposedly natural &orollary to this, that on our a&&eding to !akistan our, annihilation or survival depends$ 9a&ts have disproved this$ 3ight thinking men %ould point out that !akistan is not an organi& unit of all the Muslims in this sub* &ontinent$ .t has on the &ontrary, &aused the dispersion of the .ndian Muslims for %hose benefit it %as &laimed to have been &reated$ #here are t%o !akistan at least a thousand miles apart from ea&h other$ #he total population of +estern !akistan %hi&h is &ontiguous to our State, is hardly D5 million, %hile the total number of Muslims in .ndia is as many as 6E million$ As one Muslim is as good as another, the (ashmiri Muslim if they are %orried by su&h &onsiderations should &hoose the forty millions living in .ndia$ 2ooking at the matter too from a more modern politi&al angle8 religious affinities alone do not and should not normally determine the politi&al allian&es of State$ +e do not find a Christian blo&k, a 0uddhist blo&k, or even a Muslim blo&k, about %hi&h there is so mu&h talk no%adays in !akistan$ #hese days e&onomi& interests and a &ommunity of politi&al ideals more appropriately influen&e the poli&ies of States$ +e have another important fa&tor to &onsider, if the state de&ides to make this the predominant &onsideration$ +hat %ill be the fate of the one million non Muslims no% in

our State= As things stand at present, there is no pla&e for them in !akistan$ Any solution %hi&h %ill result in the displa&ement or the total sub1ugation of su&h a large number of people %ill not be 1ust or fair, and it is the responsibility of this /ouse to ensure that the de&ision that it takes on a&&ession does not militate the interests of any religious group$ As regards the e&onomi& advantages, . have mentioned before the road and river links %ith !akistan$ .n the last analysis, %e must ho%ever remember that %e are not &on&erned only %ith the movement of people but also %ith the movement of goods and the linking up of markets$ .n !akistan there is a &hroni& dearth of markets for our produ&ts$ Neither, for that matter, &an she help us %ith our industrialisation, being herself industrially ba&k%ard$ On the debit side %e have to take into a&&ount the rea&tionary &hara&ter of her politi&s and State politi&s$ .n !akistan, %e should remember that the lot of the State?@As sub1e&ts has not &hanged and they are still helpless and under the heel of their 3ulers, %ho %ield the same unbridled po%er under %hi&h %e used to suffer here$ #his &learly runs &ounter to our o%n aspirations for freedom$ Another big obsta&le to dispassionate evaluation of her poli&ies is the la&k of a &onstitution in !akistan$ As it stands at present, this State en1oys the uni,ue position of being governed by a Constitution ena&ted by an outside !arliament %hi&h gives no idea %hatsoever of the future shape of &ivi& and so&ial relations$ .t is reasonable to argue that !akistan &annot have the &onfiden&e of a freedom*loving and demo&rati& people %hen it has failed to guarantee even fundamental rights of its &iti-ens$ #he right of self* determination for nationalities is being &onsistently denied and those %ho fought against .mperialism for this 1ust right are being suppressed %ith for&e$ +e should remember 0adshah (han and his &omrades %ho laid do%n their all for freedom, also (han Abdus Samad (han and other fighters in 0alu&histan$ Our national movement in the State &onsiders this right of self*determination inalienable, and no advantage ho%ever great, %ill persuade our people to forego it$ #he third &ourse open to us has still to be dis&ussed$ +e have to &onsider the alternative of making ourselves an 5astern S%it-erland, of keeping aloof from both States, but having friendly relations %ith them$ #his might seem attra&tive in that it %ould appear to pave the %ay out of the present deadlo&k$ #o us as a tourist &ountry it &ould also have &ertain obvious advantages$ 0ut in &onsidering independen&e %e must not ignore pra&ti&al &onsiderations$ 9irstly, it is not easy to prote&t sovereignty and independen&e in a small &ountry %hi&h has not suffi&ient strength to defend itself on our long and diffi&ult frontiers bordering so many &ountries$ Se&ondly, %e must have the good*%ill of all our neighbours$ Can %e find po%erful guarantors among them to pull together al%ays in assuring us freedom from aggression= . %ould like to remind you that from August 15 to O&tober DD, 196;, our state %as independent and the result %as that our %eakness %as e4ploited by the neighbour %ith %hom %e had a valid Standstill Agreement$ #he State %as invaded$ +hat is the guarantee that in future too %e may not be vi&tims of a similar aggression=

. have no% put the pros and &ons of the three alternatives before you$ .t should not be diffi&ult for men of dis&rimination and patriotism gathered in this Assembly to %eigh all these in the s&ales of our national good and pronoun %here the true %ell being of the &ountry lies in the future$ Mr !resident, it %ill be befitting here if . on this solemn o&&asion remember the last %ords of one of our martyrs %hi&h still ring in my ears$ .n 19:1, the State !oli&e had fired on our demonstrators, and many lay %ounded and dying in the grounds of the 'amia Mos,ue$ One man, supported by his old mother and young %ife, %as nearing his last breath, and he &omforted them in their misery, forgetting his o%n$ #hen he &alled for me$ +hen . &ame to him he looked me straight in the eyes and said$ +e have done our duty$ No% it is for you and the nation to &arry it through to a su&&essful end $ !erhaps the spirit of that hero is in this /all today to see one fulfilment of his dreams of this land of (ashmir$ #oday is a day of fulfilment for all * a day %hen %e finally and triumphantly assert our right to de&ide our o%n future, free from threats of for&e and outside di&tation$ On this histori& day, %e remember the !rime Minister of .ndia, our &herished friend and never*falling &omrade on this diffi&ult 1ourney and, besides, an illustrious son of (ashmir, the many friends in .ndia and some even in !akistan, %ho in the years before partition, helped us for%ard$ +e remember the Ahrars %ho %ent to 1ail in their thousands for us8 0adshah (han and our friends of the frontier, no% in 1ails and fighting for their o%n freedom$ Nor &an %e ever forget our kith and kin a&ross the &ease*fire line %ho are at present living under the heel of the enemy$ #heir %elfare is al%ays dear to us and %e shall &ontinue to regard them as an integral part of ourselves$ 9or t%enty years, Mr !resident, %e have 1ourneyed to this day and our &riterion in all %e do must be the %elfare of our people$ #his &onsideration alone must guide our de&ision$ No% again, . have put my deepest thoughts before you and may )od in /is mer&y, lead us all for%ard on the right path$

http://www.kashmir-information.com/pastpresent/chapter12.html M. L. Koul, Kashmir: Past and Present Chapter 12: hulam Mohammad !adi" There is no denying the fact that Ghulam Mohammad Sadiq was soft, sophisticated, cultured and educated. He had a reputation for honesty and unlike other National Conference stalwarts he was not wedded to corruption and under hand means of amassing wealth. He was a Mar!ist and had contacts with the Mar!ists of all hues within the country. He had the distinction of leading a "rilliant group of young communists #Hindus$ within the National Conference. %s an ideologue of National Conference, he was seriously heard "y all hues of politicians. That he was a man of con&iction is the general assessment made "y &arious le&els of people ha&ing come into contact with him. #ein$ essentiall% an arm-chair politician, .M. !adi" was a&solutel% lackin$ in d%namism and mo&ilit%, stamina and $rit. 'hou$h pro(er&iall% honest, %et he failed to $i(e the state an administration which could &e termed as clean, free from corruption and communalism. )ware of the interference in $o(ernmental affairs &% Miss Mahmooda )hmad )li !hah, said to &e his wife, he allowed her to $row as a parallel centre of power. *(en his sister, +aina& #e$um, could not resist from interferin$ in administrati(e affairs. .M. !adi" for his sterlin$ "ualities of head and heart en,o%ed immense popularit% with the Kashmirian -indus, who supported him in his political wran$les a$ainst #akshi hulam Mohammad. 'hat he would &e soft and considerate to them was &elied &% his pursuit of discriminator% policies a$ainst them. 'here was no letup in the polic% of harassment and economic s"uee.e of the Kashmirian -indus. 'he Muslims continued to &e his utmost concern and the -indus were (irtuall% consi$ned to &ackwaters with not e(en su&ser(ient role to pla%. /t was .M. !adi" who formalised the &latant discrimination of the Kashmirian -indus &% the issuance of an order reser(in$ 012 of ,o& slots, promotions and admissions to trainin$ and technical institutions for the Kashmirian -indus and 312 for the Kashmirian Muslims. 'he saidorder was not accepted &% the /slamised &ureaucrac%, which consistentl% pursued the polic% of puttin$ the Kashmirian -indus to an a$onisin$ economic s"uee.e. 4iscrimination went on tramplin$ upon the ri$hts of the minorities. 5o political leader e6cept .M. !adi" dared resort to such a measure &ased on fla$rant communal considerations and sectarianism. 'he order pro(ed a land-mark in the histor% of discrimination and relentless elimination of the Kashmirian -indus. 7iolati(e of the constitutional pro(isions, the orders were outra$eousl% communal makin$ reli$ion as a determinin$ factor for entr% into ser(ices and admissions into professional colle$es. 8hat was shockin$ that such orders were issued at the &ehest of .M. !adi", who had pretensions to secular and pro$ressi(e credentials. 'he Kashmirian -indus did not take orders l%in$ down, &ut opposed it tooth and nail. 'he% termed the orders as &lack orders contra(enin$ the constitutional tenets and pro(isos. 'he -indus upheld merit and academic

achie(ements as the determinin$ factors of recruitment in ser(ices and admissions to professional colle$es and technical institutions. *6posin$ the communal hue and underpinnin$s of the said order, the Kashmirian -indus rammed it home to the 5ational Conference leadership that it &elied the promises held out to them in the &lue print of 95a%a Kashmir9, essentiall% a document of secularism upholdin$ e(enhanded treatment to all communities without reli$ious considerations. 'hus, .M. !adi" was held $uilt% of a6in$ and erodin$ the (er% ideals which he had cherished all throu$h his political career. #% the issuance of such an order, he appeared no different from #akshi, who $ranted admission to the Muslim &o%s and $irls without sufferin$ an% ri$ours of test and inter(iew, from !heikh )&dullah, who heralded the process of supersessions, from Mir :asim, who $ra&&ed small holdin$s of land from the Kashmirian -indus, from ;aroo" )&dullah, who led to the houndin$ out of the minorities from their home-land &% feedin$ and shieldin$ communall% tilted secessionist forces. Let it &e known that the /slamised &ureaucrac% ne(er put 012 reser(ations for the Kashmirian -indus into actual practice. /t onl% threw crum&s and left-o(ers to them and hired and fired at will and whim. 'he educational institutions and other departments in the state were star(ed of trained and "ualitied teachers and staff. )ppointments to (arious ,o&-slots were not made or deferred onl% &ecause most of the applicants happened to &e the Kashmirian -indus, who as a matter of state polic% were to &e sidelined. 'he crusade in Kashmir has &een a$ainst merit, academic achie(ements, and scholarship. /mpecca&le academic credentials ne(er formed a plank for entr% into state ser(ices or admission in the professional colle$es. Man% a -indu &ri$ht has lost careers. ) Muslim &o% or $irl with (er% low percenta$e of marks finds admission in (arious professional colle$es. 8hat has &een the tra(est% of ,ustice is that man% Muslims with no &ack$round knowled$e of science were admitted to en$ineerin$ and medical colle$es. 'hat admissions to (arious stud% pro$rammes and entr% into ,o& slots are determined &% the population ratio of a particular communit% has &een the Muslim approach to the entire $amut of the pro&lem. l .M !adi" pro(ed the worst for the Kashmirian -indus, not onl% that the% were su&,ected to the atrocious discrimination on reli$ious $rounds &ut were also openl% assaulted and hurt inflicted on them. <n 11th !eptem&er, 1=>?, a $roup of Muslim &oatment dared construct a shed on a piece of land owned &% a Kashmirian -indu. <&,ectin$ to the ille$al act of raisin$ a shed on the piece of land, the -indu famil% had to face an a(alanche of hostilit% on part of Muslims $ot collected in hordes from the area onl% to launch a ph%sical assault on the mem&ers of the famil%. Men were se(erl% &eaten and rou$hed up, women were dra$$ed out of their houses sufferin$ $rie(ous in,uries and their $old ornaments snatched. 'akin$ it as a @ehad a$ainst the infidels, all Muslims losin$ cool and sanit% stood as monolith to $ra& the piece of land owned &% a -indu. 'he culprits were not arrested nor were the% punished for the unlawful act. 'he Muslims as a matter of rule were &e%ond the pur(iew of law. 'he whole atrocit% was &rou$ht to the notice of the Chief Minister, .M. !adi", who had full faith in rule of law &ut ne(er mo(ed in the direction of esta&lishin$ rule of law in the state he ruled.

) representation was also su&mitted to the Prime Minister of /ndia &rin$in$ the lawless conditions pre(ailin$ in the state to his notice. #ut nothin$ transpired. 'he &oatmen with the support of their co-reli$ionists pro(ed a menance for the Kashmirian -indus in the area su&,ectin$ them to a &arra$e of a&use, harassment and intimidation and the law enforcin$ a$encies maintainin$ stron$ silence. 'he entire situation &orderin$ on communal clashes were reported in a local 4ail% and the o(ernment went to the e6tent of arrestin$ three ,ournalists and stoppin$ the pu&lication of a dail% paper. 'he polic% of discrimination concertedl% pursued &% the /slamised &ureaucrac% of the state caused an immeasura&le frustration and despair in the -indu &o%s and $irls of the 7alle% of Kashmir. 'went% -indu &o%s and $irls ha(in$ &een i$nored for admissions to the professional colle$es, despite their merit and achie(ements, declared their con(ersion to /slam as the state was not onl% pro-Muslim, &ut seemed to &e pro-Muslim. ) !ikh &o% also e6pressed the same (iew and was read% to accept /slam.0 'he polic% of relentless persecution of non-Muslim ethnic $roups was (i$orousl% pursued to eliminate them or force them to $et con(erted to /slam. !uch de(elopments culminated in the re$ime of .M. !adi", who perhaps contri&uted to the (iew-point of 9reli$ion &ein$ opium for the masses9, %et he pursued a polic% &ased on reli$ious discrimination in(estin$ it with le$itimac% and sanctit%. .M. !adi" in the name of normalisation made a truce with the ra&id Muslim forces workin$ for discrimination and secessionism. -e lent them a new lease &% loosenin$ the $rip o(er their antinational acti(ities, thus em&oldenin$ them for wa$in$ a war on the minorities, who ha(e all alon$ &een the soft tar$ets of the Muslim &i$otr%. )llowin$ the ra&id Muslims to creep into the state administration, !adi" practicall% allowed the state machine to slip into the hands of antinational and non-secular forces. 'he @amaat-i-lslami had &een in the process of spreadin$ its tentacles &% esta&lishin$ its support-&ase in a num&er of pockets. 'he Madrasas run &% the ra&id or$anisation were $ettin$ $o(ernment $rants and thus were &us% in (itiatin$ the entire sociopolitical fa&ric of the state. Most of the $o(ernment run schools were stafted &% men and women owin$ alle$iance to the @amaat-i-/slami en,o%in$ political patrona$e. 'he or$anisation spreadin$ communal canker was workin$ slowl%, &ut surel%. 5o positi(e and purposi(e steps were taken to meet the challen$e and countcract the (icious propa$anda of the @ammat-i-/slami, which was directl% affiliated to the @amaat-i-lslami of Pakistan. @amaat-oriented cadre had &een in the process ot sneakin$ into administration and police. Pandit Aishi 4e(,? a (eteran leader of the con$ress in Kashmir, posed the pro&lem of a Kashmirian -indu teacher to .M. !adi" holdin$ the portfolio of *ducation. 'he paral%sed parents of the teacher had &een confined to &ed for a lon$ time. #ein$ the onl% son, the unfortutlate couple needed his care and attention. Pandit Aishi 4e( re"uested the Chief Minister to transfer the teacher to his nati(e hamlet or a near&% (illa$e. 8hat !adi" did was to ask the -indu leader to deposit the application with his secretar%. 'he same was done. Meanwhile a Mol(i flauntin$ lon$ &eard hailin$ from Aishi 4e(9s (illa$e was led into the Chief Minister9s cham&ers. -e was cordiall% recei(ed and re"uested the Chief Minister to appoint his dau$hter, a middle pass, to the post of a teacher. -is application was taken. 'o Aishi 4e(9s consternation, within a week9s time, the Mol(i9s dau$llter was sent the appointment letter and the -indu teacher

was not transferred on humanitarian $rounds. )nd this testifies to the instincti(e hatred which the Muslims of all comple6ions har&oured for the Kashmirian -indus. Miss Mahmooda )hmad )li !hah, the (irtual ruler in the times of .M. !adi", was out to destro% the ser(ice career of a -indu professor when he stopped coachin$ a close relation of .M. !adi" in the colle$e hostel.B 'he $irl hailin$ from Palhalan, district #aramulla, was &elow a(era$e with no learnin$ capacities and the professor feared that he mi$ht &e harassed for the &elow normal performance of the $irl in e6ams. 'hat was what led the professor to stop from $oin$ to the hostel for coachin$ the $irl. -e was persuaded to resume the coachin$, &ut the professor stuck to his $uns and showed his ina&ilit% to resume it. /t was sufficient to offend Miss Mahmooda, the principal of the colle$e. 8ithin da%s he was in(ol(ed in a case of moral turpitude and suspension orders followed. Mr. 5oor-ud-din, the (ice-chancellor of the Kashmir Cni(ersit%, was appointed as an en"uir% officer to pro&e the whole affair. -e paid a (isit to the colle$e and on preliminar% en"uiries dismissed the whole case as personal (endetta and $a(e a clean chit to the professor, who was transferred from women9s colle$e, !rina$ar. 'he tra$ed% of the Kashmirian -indus is that the% as a matter of state polic% are to &e discriminated and hounded out at e(er% le(el, &ut are first coa6ed and then ordered and coerced to teach the sons and dau$hters and (er% close relati(es of the Muslims in corridors of power. 8h% the% do not depend on the Muslims now mannin$ all educational institutions in the state needs &e researched. .M. !adi" in pursuit of discriminator% policies (irtuall% &rou$ht a&out the death of the educational institutions as (i&rant, open and wholesome places shapin$ the malea&le human material for hi$her achie(ements and health% roles. 'he teachers mouldin$ the human material were discriminated on reli$ious $rounds and their am&itions for career &uildin$ stifled. 'he same discriminator% polic% was pursued in the institutions of hi$her learnin$. )nd the !tate Pu&lic !er(ice Commission came hand% for ser(in$ the ends of di(isi(e communalism. 'he Commission has all alon$ &een staffed &% men and women, who ha(e risen to top echelons onl% throu$h the polic% of manipulation and discrimination. <&,ecti(el% speakin$, it appears that the Commission is under an oath to ser(e the Muslim ends and interests. /t knows the alchem% to transform $old into dross and dross into $old. 'he Commission has a $or% histor% of slau$hterin$ the careers of &rilliant %oun$ men and women, mostl% -indus. 'o ser(e the Muslims, it has esta&lished a permanent liaison with the professors of the )li$arh Muslim Cni(ersit%, who are fa(oura&l% inclined to uphold the Muslim interests at the e6pense of other ethnic $roups. )nd Mr. #akar is the onl% star in the firmament of the /ndian )cademics. -e is an e6pert for all le(els of appointments. 'he cru6 of the intent is that men of such hue are con(enient to handle while scholars from other uni(ersities are too tou$h to &e handled to meet sectarian ends. Pursuin$ a polic% of &latant discrimination the !tate Pu&lic !er(ice Commission has set new records in the &ook of discrimination when a Muslim lecturer in ph%sics with B %ears of total ser(ice was pushed o(er the head of Prof. '.5. Kilam on the (er$e of retirement. 'he criteria framed &% the state $o(ernment and the Commission were discriminator% and ar&itrar%. Aatin$ scales were such as would &enefit the Muslims onl%. #asic parameters of merit, academic achie(ements and e6perience were distorted and left out as redundant. 'he rumour mill had it

that the professors recommended for promotion and su&se"uentl% promoted were of the 9chikan &rand9. Chikan was a ra&id Muslim, corrupt and communal, $ot reha&ilitated &% !adi" under the polic% of 9normalisation9 and was placed on the Pu&lic !er(ice Commission. 5ot takin$ the t%rann% l%in$ down, the Kashmirian -indus were in the (an$uard of the &attle for restoration of fundamental ri$hts as enshrined in the Constitution. ) writ petition was filed in the !tate -i$h Court a$ainst the o(ernment of @ammu and Kashmir. 'he case was fou$ht &% the !tate o(ernment on the &asis of the norms fi6ed &% the $o(ernment i$norin$ the $enuine parameters. 'he -on9&le @ustice Murta.a ;a.li )li struck down the promotions stressin$ that he was %et to 9learn of an alchem% transmutin$ $old into dross and dross irto $old.D9 !uch a polic% of discrimination was consistentl% pursued in all departments of the $o(ernment tramplin$ upon the ri$hts of the -indus. 'he Muslim rulers con(e%in$ to the Muslims that the% were fosterin$ their interests and the Kashmirian -indus &ankin$ onl% on constitutional remedies. /n fact, in face of such t%rann%, it were the constitutional $uarantees onl% that had &een sustainin$ the Kashmirian -indus till the% were forced to march out of their land of &irth. 'ashmiri (andit %gitation /t was onl% in the re$ime of .M. !adi" that a poor and destitute -indu $irl was a&ducled, con(erted to /slam and married to a Muslim &o%. Li(in$ a life of e6treme po(ert%, she was o&li$ed to take up a pett% ,o& in the co-operati(e department. ) Muslim &o% worked in the same department and for one reason or the other, &lackmailed her with the aid of other Muslims workin$ in the same department. 'he Muslim &o% $ot her pa% stopped and put her on dut% at odd hours. -e ha(in$ misappropriated some mone% from the department did not suffer suspension or en"uir%, #ut his officer, also a Muslim, paid off the cash and a&etted the &o% in &lack-mailin$ the $irl. 'he &o% em&oldened &% the a&ettment of his Muslim collea$ues made off with the $irl. 'he mother of the $irl reported the matter to the local police station. 'he a&ductor and the a&ducted $irl were finall% traced &% the police to a house at 8a.apora, a den of ra&id Muslims owin$ alle$iance to Pakistan. 'he preliminar% in(esti$ation was conducted &% the Muslim officer at Mahara, un,, not at Aainawari, where the ;/A was filed. #e it said that the police station at Aainawari was headed &% a -indu. 'he $irl was later shifted to the Police !tation at Khan%ar, a Muslim dominated localit%, where not a sin$le -indu li(es. /t was done onl% to facilitate the a&ductor to meet the $irl "uite fre"uentl% and finall% the $irl was handed o(er to the Muslim criminal ille$all% without completin$ all formalities includin$ the radiolo$ical e6amination. 'he-$o(ernment was e6tremel% cautious in not associatin$ an% -indu with the in(esti$ation. 'he mother was allowed to see her dau$hter onl% under the police sur(eillance. 5o mem&er of the -indu communit% was allowed to meet the $irl in camera. 'he police did not take the case to a court of law and assi$nin$ ,udicial powers unto itself decided to allow the a&ducted $irl to li(e with the a&ductor. 'he a$e of the $irl was not properl% ascertained and rumour mill had it that the Muslim officer in(esti$atin$ the case accompanied the a&ductor and the a&ducted $irl to the a&ductor9s residence where he was treated to a delicious dinner. )$itated o(er the scandalous role of /slamised police machiner% there was a spontaneous reaction and deep-seated resentment amon$ the pu&lic.3

'he Kashmiriian Pandit a$itation e6posed to the hilt the secular credentials of the Muslims in $eneral and .M. !adi" in particular. 'he Muslims lost all elements of rationalit% and let loose a rei$n of terror onl% to silence the -indu protest a$ainst the forci&le con(ersion and su&se"uent marria$e to a Muslim of a -indu $irl li(in$ in indi$ent conditions. .M. !adi" utterl% failed to cur& the Muslim &i$otr%, which he fuelled &% ali$nin$ himself with the forces of o&scurantism and medie(alism. 'he police forces alread% /slamised inflicted unprecedented &rutalities on the Kashmirian -indus, who were put to &ullets, tear$assed and lathi-char$ed. /ndiscriminate arrests were made &% passin$ all constitutional $uarantees. 'he pu&lication of newspapers was &anned &% the $o(ernment includin$ the official or$an of the -indu communit%. 'heir editors were unlawfull% detained. )cid was thrown on women protestin$ a$ainst the se(ere onslau$ht launched a$ainst them (iolatin$ their honour and di$nit% as mem&ers of a ci(ilised polit%. 'he police &rutalities were harrowin$ and &one-chillin$. 'he Aeport of the Kohli Commission in this &ehalf is re(ealin$. 'he $o(ernment for fear of reprisals and e6posure suppressed the entire Aeport and ne(er put it &efore the pu&lic $a.e and constitutionall% framed fora. 'he two Ministers of the !adi" Ca&inet, Pir i%as-ud-4in and 5oor Mohammad, in complicit% with )&dul )had #ur.a, a close relati(e of the Chief Minister, distri&uted mone% and li"uor amon$ the Muslim ra&ids onl% to or$anise a massi(e demonstration a$ainst the Kashmirian -indus, who had &een wron$ed and denied the ri$ht to li(e with honour and di$nit%. 'he procession comprisin$ all hues of Muslim ra&ids raised /slamic war-cries, archaic and (olatile onl% to coerce the -indus into su&mission. 'he fren.ied crowds %elled, D8e are fi$htin$ infidels9.E 'he Muslim crowds looted and plundered the properties of the Kashmirian -indus and finall% set them a&la.e.= #e it said that loot and plunder are an essential part of the Muslim ethos. 'he Muslims losin$ traces of sanit% sta&&ed two %oun$men, -. 5. Mattoo and )(tar Krishnan Khashoo to death. opi 5ath -andoo was wounded and killed. /n all nine -indus were killed in police &rutalities or in communal madness.l1 'he funeral procession of Mahara, Krishan Aa.dan and Lassa Koul #adam, who fell to police &ullets, was pelted at &% the Muslims. ) &i$ contin$ent of the Kashmir )rmed police in plain clothes also took part in peltin$ stones at the funeral procession at Karan 5a$ar in the cit% of !rina$ar.11 +aina& #e$um, the sister of .M. !adi", was the person, who &itterl% opposed the su$$estion to hand o(er the a&udcted $irl to a third part% as a prelude to the solution of the (e6atious pro&lem. 12 'he close relati(es of the Chief Minister were in the (an$uard of the Muslim communalists, who had wa$ed war on the Kashmirian -indus, demandin$ stern action a$ainst the partisan role of the police machine and more than most protection of their women-folk. l0 'he memorandum su&mitted to the then -ome Minister, F.#. Cha(an, thorou$hl% e6posed the &ankruptc% and hollowness of the Muslim mind. 'he Kashmirian -indus, who do not keep a knife in their homes and are uni(ersall% known for non-(iolence, were accused of ha(in$ piled up arms and arnmunition in temples and residential "uarters. 8ho had sent the armsG 8ho had recei(ed the armsG 4id the police authorities reco(er arms and ammunition from a sin$le templeG /f arms and ammunition were reco(ered from temples and residential "uarters, did the

police prepare their in(entories and file ;/AsG 8ere the cases filed a$ainst the accusedG 'he Muslims throu$h the memorandum also made a reference to the sei.ure of the truck-loads of armaments and the -indus su&,ectin$ the Muslim crowds to atrocities.l? 'he same propa$anda spree was launched &% the Ple&iscite ;ronters, who pioneered communalism, secessionism and separatism in the state. 'he fact of the matter remains that the $o(ernment circles in colla&oration with the Muslim &i$ots launched a campai$n of calumn%, hatred and disinformation a$ainst the Kashmirian -indus. 'he Muslims with low le(els of rational anal%sis and prone to reli$ious fren.% took the contents of the false propa$anda for $ranted and rallied &ehind the forces of hatred and &i$otr% for wa$in$ war a$ainst the Kashmirian -indus. 'he present da% Muhta Khans resort to his strate$% to e6terminate infidelit% from Kashmir. 'hat the miniscule minorit% of -indus had posed a threat of annihilation to the Muslim ma,orit% was nothin$ &ut ironical. )ll the same the Muslims &elie(ed that m%th. 8hat a nai(it% H 'he Kashmiri Pandit )$itation ended lea(in$ a trail of &itterness resultin$ in the se$re$ation of the two communities of the -indus and the Muslims. 'he credi&ilit% of the Con$ress as an or$anisation upholdin$ secularism and democrac% as cherished (alues suffered a nose-di(e. Completel% identif%in$ itself with the forces of Muslim reaction, it sufficientl% pointered to the ominous de(elopments that were in store for the polit% of Kashmir at lar$e. Cnder the facade of 9normalisation9 and 9democratisation9, the forces of disruption, secession and communal hatred, thou$h temporaril% and half-heartedl% put to leash &% the #akshi $o(ernment, were allowed to $et unleashed and $i(en a lon$ rope to resur$e and re-$enerate a mo(ement drawin$ support from the masses at an unprecedented scale. Men of du&ious character ha(in$ for$ed links with elements from across the &order were reha&ilitated and placed at ke%-slots in the administrati(e setup. 'he process of anti-national elements sneakin$ into the administrati(e machine $ained momentum. 'he Chief Minister shut up in his drawin$ room wea(in$ political phantasies percepti&l% allowed the entire state machine to slip into the lap of Ple&iscite ;ronters and pro-Pak elements lea(in$ a deep-seated ne$ati(e of impact on the nationalists and democrats workin$ for unit%, solidarit% and comrnunal peace and amit%. 'he Con$ress panderin$ the Muslim fren.% that automaticall% touches immeasura&le hei$hts on an issue like the con(ersion and marria$e of a -indu $irl to a Muslim resorted to the mean strate$% of coercin$ the -indu minorit% into su&,u$ation and surrender &% mo&ilisin$ the fren.ied Muslim hordes on the staple diet of ,ehad Ireli$ious warJ a$ainst the infidels IkafirsJ. 'he ra&id communal elements operatin$ with a&solute freedom with the entire Con$ress $o(ernment at the fuellin$ end repeated histor% for the Kashmirian -indus su&,ectin$ them to loot, murder and arson. Notes and )eferences 1. Ple&iscite ;ront Aesolution. 2. P. L. Koul, Crisis in Kashmir. 0. Aeport pu&lished in 4ail% Pratap. ?. /nter(iew with Pt. Aishi 4e(, a (eteran Con$ress leader, whose entire structural propert% was set a&la.e &% the Muslim terrorists. B. /nter(iew with the 'eachers ;orum. >.

@ud$ment on writ petition filed &% Colle$e 'eachers in the @ K K -i$h Court. 3. 8ail of the 7ale, issued &( the -indu )ction Committee. E. /&id. =. l&id. 11. l&id. 11. l&id 12. P.L. Koul, Crisis in Kashmir. 10. 8ail of the 7ale. 1?. 'he Memorandum of 9Aespecta&le IMuslimJ citi.ens of Kashmir9. su&mitted to -ome Minister of /ndia, F.#. Cha(an.

Peer iasuddin, Cnderstandin$ the Kashmiri insur$enc%

http://www.countercurrents.org/nyla130811.htm Nyla Ali Khan !"onstruction #f A $ni%ue Kashmiri &dentity: Awa'ening or (isaster) 13 August *011.

)s a Kashmir o&ser(er and someone who has &een writin$ on Kashmir for a while, / am of the opinion that L. K. )d(ani9s recent attempt to resuscitate the ultra ri$ht-win$ nationalism of the #@P is ludicrous. !uch ri$ht-win$ propa$anda ou$ht to &e challen$ed &% the intelli$entsia, not ,ust Kashmiri, &ut mainstream /ndian as well. /t mi$ht not &e a &ad idea for )d(ani and his cohort to take a "uick histor% lesson. /t is a &it presumptuous of me to assume that )d(ani would unlearn his old methods &% readin$ m% piece, &ut / shall take the li&ert% of indul$in$ m%self. Aeadin$ this write-up would ena&le his ilk to, perhaps, fathom the construction of a nationalism which erased the deni$ration of the past, and created a space for democratic Ia forei$n term for some mainstream political or$ani.ationsJ de&ate. 'he followin$ is an e6cerpt from m% &ook, Islam, Women, and Violence in Kashmir : Between India and Pakistan . 4espite the support that the :uit Kashmir mo(ement launched &% )&dullah9s cadre recei(ed from (arious re$ional councils and state Con$ress committees, the mo(ement was crushed tacticall% and militaril%. <n 21 Ma% 1=?> , speakin$ at a pu&lic rall% at the !hahi Mas,id Imos"ueJ, !rina$ar , )&dullah thunderousl% condemned the 1E?> 'reat% of )mritsar, which had le$itimi.ed the 4o$ra possession of Kashmir ICopeland 1==1: 2B1J. /n addition to the &rutal opposition that the 5C encountered from the 4o$ra re$ime, it faced (ociferous resistance from a section of the MC leadership who (ehementl% opposed an% attempt to create a s%ncretism that would &rid$e the di(ide &etween -indus and Muslims. )s the 5C made its support of secular principles and its affiliation with the )ll /ndia 5ational Con$ress more forceful, the $ulf &etween the upholders of secularism and the $uardians of an essential Muslim identit% &ecame wider. 'he communall% oriented $roup characteri.ed itself as the Muslim se$ment of societ% attemptin$ to undermine the political dominance of the 4o$ra mahara,a and create an /slamic theocrac% $o(erned accordin$ to /slamic laws and scriptures. 4espite its tenacious hold on secular principles, the 5C found itself $aspin$ for &reath in the "ua$mire created &% the mahara,a9s duplicitous policies. ;or e6ample, the mahara,a9s $o(ernment had passed a special ordinance introducin$ two scripts, 4e(ana$ari and Persian, in Kashmir 9s $o(ernment schools, and, under the @ammu and Kashmir )rms )ct of 1=?1, had prohi&ited all communities e6cept 4o$ra Aa,puts from ownin$ arms and ammunition. !uch communall% oriented policies created a rift &etween the Muslim leadership of the 5C and their -indu collea$ues. 'he rift within the or$ani.ation was further widened &% )li Mohammad @innah9s insistence that )&dullah e6tend his support to the Muslim Lea$ue and there&% disa(ow e(er% principle he had fou$ht for. )&dullah9s refusal to do so sharpened the awareness of the Muslim Lea$ue that it would &e una&le to consolidate its political position without his support. /nitiall%, the Con$ress supported the :uit Kashmir mo(ement and reinforced the position of the 5C on ple&iscite. 'he Con$ress ad(ised the mahara,a, ri$ht up to 1=?3, to $au$e the pu&lic mood and accordin$l% accede to either /ndia or Pakistan . 5ehru9s ar$ument that Kashmir was re"uired to (alidate the

secular credentials of /ndia was a later de(elopment. @innah refuted the notion that Pakistan re"uired Kashmir to (indicate its theocratic status and did not make an ar$ument for the inclusion of Kashmir in the new nation-state of Pakistan ri$ht up to the e(e of partition. )s #ehera I211>J writes, L/f Kashmir was inte$ral to the (er% idea of Pakistan , it is difficult to see wh% the Muslim Lea$ue and the Muslim Conference did not ask the Mahara,a to accede to Pakistan until as late as 2B @ul% 1=?3 .M 'he Con$ress9s support to and furtherance of partition, howe(er, eroded the notion of a united /ndia . !heikh Mohammad )&dullah, on the contrar%, was am&i(alent a&out the partition &ecause he did not a$ree with the rationale of the two-nation theor%. -e was e"uall% am&i(alent a&out accedin$ to /ndia , &ecause he felt that if that choice was made, Pakistan would alwa%s create ,u$$ernauts in the political and economic pro$ress of Kashmir . )s for the idea of declarin$ Kashmir an independent state, he reco$ni.ed that Lto keep a small state independent while it was surrounded &% &i$ powers was impossi&leM I)&dullah 1==0: >1J. 8as )&dullah willin$ to concede the necessit% of political compromise and accommodationG 4id )&dullah draw attention to the political, cultural, and territorial compromises that the autonom% model mi$ht entailG -e did cate$oricall% declare that L5either the friendship of Pandit 5ehru or of Con$ress nor their support of our freedom mo(ement would ha(e an% influence upon our decision if we felt that the interests of four million Kashmiris la% in our accession to PakistanM I"uoted in #recher 1=B0: 0BJ. 'he decision to accede to either /ndia or Pakistan placed Mahara,a -ari !in$h in a dilemma. <n the one hand, if the state acceded to /ndia , the mahara,a would &e forced to hand o(er the reins of political power to an or$ani.ation that had (ociferousl% opposed his re$ime, the Con$ress, and the 5C. <n the other hand, if the state acceded to Pakistan , the mahara,a9s 4o$ra -indu communit% would find itself in a position of su&ser(ience. Conse"uentl%, the mahara,a disre$arded the ad(ice of the Con$ress and the #ritish a&out the infeasi&ilit% of independence and opted for that choice &ecause it would allow him to maintain his political paramountc%. -e was una&le to reco$ni.e how independence would enhance the political and militar% (ulnera&ilit% of the state. -ari !in$h9s decision to maintain his political paramountc% was supported &% Pakistan , &ut not &% /ndia . Standstill Agreement <n 1B )u$ust 1=?3 , Mahara,a -ari !in$h9s re$ime ratified a standstill a$reement with the $o(ernment of Pakistan . 'his a$reement stipulated that the Pakistan $o(ernment assume char$e of the state9s post and tele$raph s%stem and suppl% the state with essential commodities. i(en the political and personal affiliations of the Con$ress with the 5C and its antipath% toward monarchical rule, the mahara,a and his cohort considered it worthwhile to ne$otiate with Pakistan 9s Muslim Lea$ue in order to maintain his princel% status. #ut this alread% tenuous relationship was further weakened after the infiltration of armed $roups from Pakistan into @ K K. )fter Pakistani armed raiders and militia attempted to forcefull% anne6 Kashmir on 22 <cto&er 1=?3 , the mahara,a did a political (olte-face &% releasin$ 5C leaders from prison, seekin$ /ndian militar% help to keep the Pakistani forces at &a%, and accedin$ to /ndia in order to protect his own securit% and interests. !u&se"uent to his release after si6teen months of incarceration, !heikh )&dullah deli(ered a speech at a pu&lic rall% at the -a.rat&al shrine where he declared the esta&lishment of a popular $o(ernment to &e the priorit% and primar% concern of the people of Kashmir , and rele$ated the accession issue to the &ack$round.

Invasion by Pakistani Tribal Militia and Military Leaders 'he (alidit% of the di(ision of /ndia into the nation-states of /ndia and Pakistan alon$ reli$ious lines was une"ui(ocall% challen$ed &% !heikh )&dullah: LM% or$ani.ation and / ne(er &elie(ed in the formula that Muslims and -indus form separate nations. 8e did not &elie(e in the twonation theor%, or in communalism. . . . 8e &elie(ed that reli$ion had no place in politicsM I)&dullah 1==0: E>J. )&dullah9s noncommunal politics were (indicated &% the ruthlessness of the Pakistani tri&al raiders9 miscalculated attack, which dro(e (arious political forces in the state to will%-nill% ali$n themsel(es with /ndia . )lthou$h the raiders, or Qabailis , were unrul% mercenaries, the% were led &% well-trained and well-e"uipped militar% leaders who were familiar with the arduous terrain, and the raiders launched what would ha(e &een a de6terous attack if the% had not &een tempted to pilla$e and plunder on the wa% to the capital cit%, !rina$ar I4as$upta 1=>E: =BJ. *n route to !rina$ar , the tri&al raiders committed heinous atrocities: the% raped and killed se(eral Catholic nuns at a missionar% school, and tortured and impaled an 5C worker, Ma"&ool !herwani ICopeland 1==1: 2?BJ. 'he &rutal methods of the raiders recei(ed stron$ disappro&ation from the people of the 7alle% who had disa(owed a "uintessentiall% Muslim identit% and replaced it with the notion of a Kashmiri identit%. 'his political and cultural ideolo$% underscored the lack of reli$ious homo$eneit% in the population of Kashmir . 'he raiders anta$oni.ed their coreli$ionists &% perpetratin$ atrocities a$ainst the local populace, includin$ women and children. 'he undiplomatic strate$ies of the tri&al raiders and Pakistani militia e6pedited the attempts of the )ll /ndia 5ational Con$ress to incorporate Kashmir into the /ndian Cnion. Validity of the Provisional Accession to India and Role of the United Nations <n 2> <cto&er 1=?3 , Mahara,a -ari !in$h si$ned the L/nstrument of )ccessionM to /ndia , officiall% cedin$ to the $o(ernment of /ndia ,urisdiction o(er defense, forei$n affairs, and communications. 'he accession of @ K K to /ndia was accepted &% Lord Mount&atten with the pro(iso that once political sta&ilit% was esta&lished in the re$ion, a referendum would &e held in which the people of the state would either (alidate or (eto the accession. )fter si$nin$ the /nstrument of )ccession, the mahara,a appointed his political ad(ersar%, !heikh Mohammad )&dullah, as the head of an interim $o(ernment. 'he political monopol% of the 5C was &olstered &% the or$ani.ation of a L5ational Militia,M which was esta&lished &% )&dullah9s trusted lieutenants, #akshi hulam Mohammad and .M. !adi". /n keepin$ with )&dullah9s socialist politics, this or$ani.ation had a women9s win$ as well, which / discuss at len$th in chapter fi(e. / pro(ide oral testimonies from two of three sur(i(in$ mem&ers of the women9s militia, in chapter fi(e, a&out the political and cultural initiati(es taken &% them durin$ the Pakistani tri&al in(asion. #ose I2110: 0>J o&ser(es that on 23 <cto&er, )&dullah told a correspondent of The Times of India that the tri&al in(asion was a pressuri.in$ attempt to terrori.e the people of the state and, therefore, needed to &e stron$l% re&uffed. Pakistan 9s first prime minister, Lia"uat )li Khan, termed the accession of @ K K to /ndia LfraudulentM and declared that the (er% e6istence of Pakistan was a sore spot for /ndia I"uoted in 4as$upta 1=>E: 0>J. <n 2 5o(em&er 1=?3, Pandit @awaharlal 5ehru, the first prime minister of independent /ndia, reiterated his $o(ernment9s pled$e to not onl% the people of Kashmir, &ut also to the international communit%, to hold a referendum in /ndian and Pakistani-administered @ K K under the auspices of a world &od% like

the Cnited 5ations, in order to determine whether the populace preferred to &e affiliated with /ndia or Pakistan. 5ehru emphasi.ed this commitment se(eral times at pu&lic forums o(er the ne6t few %ears. /n @anuar% 1=?E /ndia referred the Kashmir dispute to the Cnited 5ations IAahman 1==>: 1BN 1=J. Prime Minister 5ehru took the dispute with Pakistan o(er Kashmir &e%ond local and national &oundaries &% &rin$in$ it &efore the C5 !ecurit% Council and seekin$ a ratification of /ndia 9s Lle$alM claims o(er Kashmir . 'he C5 reinforced 5ehru9s pled$e of holdin$ a ple&iscite in Kashmir , and in 1=?E the !ecurit% Council esta&lished the Cnited 5ations Commission for /ndia and Pakistan IC5C/PJ to pla% the role of mediator in the Kashmir issue. 'he C5C/P adopted a resolution ur$in$ the $o(ernment of Pakistan to cease the infiltration of tri&al mercenaries and raiders into @ K K. /t also ur$ed the $o(ernment of /ndia to demilitari.e the state &% Lwithdrawin$ their own forces from @ K K and reducin$ them pro$ressi(el% to the minimum stren$th re"uired for the support of ci(il power in the maintenance of law and order.M 'he resolution proclaimed that once these conditions were fulfilled, the $o(ernment of /ndia would &e o&li$ated to hold a ple&iscite in the state in order to either ratif% or (eto the accession of @ K K to /ndia I-a$ert% 211B: 1=J. !ir +afarulla Khan, Pakistan9s minister of forei$n affairs, while discussin$ the (olatile Kashmir issue at the C5 on 1> @anuar% 1=?E, said that the mahara,a9s $o(ernment had attempted to &rutall% "uell the spirit of re(olution in Kashmir: L'he% were mowed down &% the &ullets of the !tate 4o$ra troops in their uprisin$ &ut refused to turn &ack and recei(ed those &ullets on their &ared &reastsM ICnited 5ations !ecurit% Council: >BJ. 'his political stalemate led to the resumption of &itter acrimon% in 1=?E. !heikh Mohammad )&dullah9s 5C (oiced its disillusionment with the wish%-wash% role of the C5 !ecurit% Council. /t e6pressl% declared on 22 )pril 1=?E that the !ecurit% Council resolution was L%et another feature of power politics on which the !ecurit% Council has em&arked e(er since its inception.M )&dullah condemned the machinations of imperialist powers like the Cnited !tates and the Cnited Kin$dom , which Lsaw Kashmir onl% as the nei$h&our of Aussia and therefore an essential &ase in the encirclement of Aussia for future a$$ressionM IKrishen 1=B1: 1=N21J. ) pro(isional cessation of hostilities, howe(er, occurred in @anuar% 1=?=, with the esta&lishment of a political and militar% truce. 'he ceasefire line left the /ndians with the &ulk of @ammu and Kashmir 9s territor% I10=,111 of 220,111 s"uare kilometres, appro6imatel% >0 per centJ and population. 'he /ndians had $ained the pri.e piece of real estate, the Kashmir 7alle% , and the% also controlled most of the @ammu and Ladakh re$ions. 'hese areas &ecame /ndian @ammu and Kashmir I/@KJ. 'he Pakistanis were left with a lon$ strip of land runnin$ on a northNsouth a6is in western @ K K, mostl% @ammu districts &orderin$ Pakistani Pun,a& and the 58;P . . . a slice of Ladakh I!karduJ, and the remote mountain .ones of il$it and #altistan Ithe 5orthern )reas or 5)J. I#ose 2110: ?1J 'he de facto &order car(ed in 1=?= worked to /ndia 9s territorial and political ad(anta$e. 'he president of the C5 !ecurit% Council, eneral ). .L. Mc5au$hton of Canada , endea(ored to outline proposals to resol(e the dispute. -e proposed a pro$ram of $radual demilitari.ation and withdrawal of re$ular /ndian and Pakistani forces, which were not re"uired for the purposes of maintainin$ law and order from the /ndian side of the cease-fire line. -e also proposed

dis&andment of the militia of @ K K, as well as of forces in Pakistani-administered L).adM Kashmir . Mc5au$hton recommended continuin$ the administration of the 5orthern )reas I5)J &% the local authorities, su&,ect to C5 super(ision. -e recommended the appointment of a C5 representati(e &% the secretar% $eneral of the C5, who would super(ise the process of demilitari.ation and procure conditions necessar% to holdin$ a fair and free ple&iscite I4as 1=B1J. )lthou$h Mc5au$hton9s proposals were lauded &% most mem&ers of the !ecurit% Council, /ndia stipulated that Pakistani forces must unconditionall% withdraw from the state, and that dis&andment of Pakistani-administered Kashmir troops must &e accomplished &efore an impartial ple&iscite could &e held IAahman 1==>: =1N=1J. /n the interests of e6pedienc%, the C5C/P appointed a sin$le mediator, !ir <wen 4i6on, the Cnited 5ations representati(e for /ndia and Pakistan , )ustralian ,urist and wartime am&assador to the Cnited !tates , to efficientl% resol(e the conflict. ) meetin$ of !heikh Mohammad )&dullah9s 5ational Conference was con(ened on 1E )pril 1=B1, in order to pass a resolution e6pressl% warnin$ the Cnited 5ations to take co$ni.ance of Pakistan9s role as the a$$ressor IKor&el 2112: 131J. 'he Communist writer Aa,&ans Krishen wrote an entire &ook to esta&lish that the C5, its Commission, and its representati(e, !ir <wen 4i6on, were instruments of the Cnited !tates and the Cnited Kin$dom to annihilate the pro$ressi(e mo(ement pioneered &% !heikh Mohammad )&dullah in order to create in Kashmir, with the aid of /ndian and Pakistani capitalists, a militar% &ase for an attack on the !o(iet Cnion Ii&id.: 2B3J. 'he Communist leader in Kashmir , .M. !adi", underscored the skepticism pre(alent in Kashmir at the time: . . . the time has come for /ndia to withdraw the Kashmir "uestion from the !ecurit% Council . . . OasP the Kashmiris reali.ed that the talk of fair ple&iscite was a mere smokescreen &ehind which the )n$lo-)merican powers were plannin$ to ensla(e the Kashmiris. 5othin$ will suit them &etter than the faQade of trusteeship in Kashmir &ehind which the% can &uild war &ases a$ainst our nei$h&ours O sic P. I Delhi E !ress , 1 @anuar% 1=B2J *(en as )&dullah was aware of the infeasi&ilit% of withdrawin$ the Kashmir issue from the C5, the 5C reiterated its commitment to securin$ the ri$ht of self-determination for the people of Kashmir . /t was suspicious of the C5, which was su&ser(ient to the he$emon% of the Cnited !tates and the Cnited Kin$dom and flinched when it came to holdin$ a ple&iscite in Kashmir IKor&el 2112: 2B=J. )&dullah declared that if a ple&iscite was held in Kashmir and the people of Kashmir did not (alidate the accession to /ndia that would not impl% that, Las a matter of course Kashmir &ecomes part of Pakistan . . . . /t would re$ain the status which it en,o%ed immediatel% precedin$ the accession Oi.e., independencePM I The "ind# , 2> March 1=B2J. /n 1=?= )&dullah candidl% told Michael 4a(idson, correspondent of the London $bser%er , that, L)ccession to either side cannot &rin$ peace. 8e want to li(e in friendship with &oth the 4ominionsM I"uoted in !a6ena 1=3B: 00J. 'he distrust that per(aded the Kashmir political scene was outlined &% the Communist paper Peo!le&s '(e , which assessed the report of the Cnited 5ations Commission to the !ecurit% Council as an instrument of the political intri$ues and machinations of imperialist powers a$ainst the en$enderin$ of democrac% in @ K K. /t was critical of the complicit% of Pakistan with these powers to destro% the &e$innin$s of a democratic mass mo(ement. /t e(aluated the attempt of the

Cnited !tates and the Cnited Kin$dom to preside o(er a purportedl% Lfree and fairM ple&iscite that would &e held Lunder the direction of the militar% and political a$ents of )merican imperialism, masked as the C5< Commission officers,M as a strate$% on their part to create and secure war &ases on the su&continent a$ainst the !o(iet Cnion and China IKrishen 1=B1: 0EJ. )s a placator% measure, in 1=?= the C5C/P declared that Lthe !ecretar%- eneral of the Cnited 5ations will, in a$reement with the Commission, nominate a Ple&iscite )dministrator who shall &e a person of hi$h international standin$M I4as$upta 1=>E: ?12N10J. 5eedless to sa%, the ple&iscite was ne(er held. 'he ina&ilit% of the /ndian $o(ernment to hold a ple&iscite is re$arded &% the Pakistani $o(ernment and &% proindependence elements in Kashmir as an act of political sa&ota$e. 'he /ndian $o(ernment has &een rationali.in$ its decision &% placin$ the &lame s"uarel% on Pakistan for not demilitari.in$ the areas of @ K K under its control, which was the primar% condition specified &% the Cnited 5ations for holdin$ the ple&iscite. @osef Kor&el, the C.ech C5 representati(e in Kashmir, o&ser(es that ten weeks after the !ecurit% Council had passed an in,unction callin$ on &oth /ndia and Pakistan to demilitari.e the Kashmir re$ion within fi(e months, !ir <wen 4i6on found that not an iota of work had &een done in that re$ard. )lthou$h &oth parties had a$reed to hold a ple&iscite in the state, the% had failed to take an% of the preliminar% measures re"uired for a free and fair referendum. !ir <wen 4i6on, therefore, decided to take matters into his own hands and asked for the unconditional withdrawal of Pakistani troops. 'his was followed &% a re"uest to &oth countries to ena&le the demilitari.ation of Kashmir . 'he then prime minister of Pakistan , Lia"uat )li Khan, a$reed to initiate the process &% callin$ for the withdrawal of his troops. #ut this re"uest, which would ha(e ena&led the maintenance of law and order, was denied &% /ndia IKor&el 2112: 131J. 'he rationale that /ndia pro(ided for its denial was the necessit% to defend Kashmir and maintain a sem&lance of order. /ndia (ehementl% opposed an% proposal that would place Pakistan on the same platform as /ndia , and that would not take into account the incursion of Kashmir territor% &% Pakistani militia and tri&esmen. /n order to neutrali.e the situation, !ir <wen 4i6on su$$ested that while the ple&iscite was &ein$ or$ani.ed and held, the entire state should &e $o(erned &% a coalition $o(ernment, or &% a neutral administration comprisin$ nonpartisan $roups, or &% an e6ecuti(e formed of Cnited 5ations representati(es. #ut his proposal did not meet with the appro(al he e6pected. -e noted, in 1=B1, that the Kashmir issue was so tumultuous &ecause Kashmir was not a holistic $eo$raphic, economic, or demo$raphic entit%, &ut, on the contrar%, an a$$re$ate of di(erse territories &rou$ht under the rule of one mahara,a I!chofield 2112: ?N11J. /n a further attempt to resol(e the conflict, !ir <wen 4i6on propounded the trifurcation of the state alon$ communal or re$ional lines, or facilitatin$ the secession of parts of the @helum 7alle% to Pakistan I an$ul% 1==3: 0N?, ?0NB3R Aahman 1==>: ?J. 4espite the &om&astic statements and &lusterin$ of the $o(ernments of &oth /ndia and Pakistan , howe(er, the /ndian $o(ernment has all alon$ percei(ed the inclusion of Pakistani-administered @ K K and the 5) into /ndia as unfeasi&le. Likewise, the $o(ernment of Pakistan has all alon$ either implicitl% or e6plicitl% acknowled$ed the impracticalit% of includin$ the predominantl% #uddhist Ladakh and predominantl% -indu @ammu as part of Pakistan . 'he co(eted area that continues to $enerate irreconcila&le differences &etween the two $o(ernments is the 7alle% of Kashmir . 4i6on lamented:

5one of these su$$estions commended themsel(es to the Prime Minister of /ndia. /n the end, / &ecame con(inced that /ndia9s a$reement would ne(er &e o&tained to demilitari.ation in an% such form, or to pro(isions $o(ernin$ the period of the ple&iscite of an% such character, as would in m% opinion permit the ple&iscite &ein$ conducted in conditions sufficientl% $uardin$ a$ainst intimidation and other forms of influence and a&use &% which the freedom and fairness of the ple&iscite mi$ht &e imperiled. I The )tatesman , 1B !eptem&er 1=B1J !ir <wen 4i6on nonetheless remained determined to formulate a (ia&le solution to the Kashmir issue and su$$ested that a ple&iscite &e held onl% in the Kashmir 7alle% su&se"uent to its demilitari.ation, which would &e conducted &% an administrati(e &od% of C5 officials. 'his proposal was re,ected &% Pakistan, which, howe(er, reluctantl% a$reed to !ir 4i6on9s further su$$estion that the prime ministers of the two countries meet with him to discuss the (ia&ilit% of (arious solutions to the Kashmir dispute. #ut /ndia decried this su$$estion. ) defeated man, !ir 4i6on finall% left the /ndian su&continent on 20 )u$ust 1=B1 IKor&el 2112: 13?J. 'here seemed to &e an ine6plica&le reluctance on &oth sides, /ndia and Pakistan , to sol(e the Kashmir dispute diplomaticall% and amica&l%. !ir 4i6on9s concludin$ recommendation was a &ilateral resolution of the dispute with /ndia and Pakistan as the responsi&le parties, without takin$ into account the a&ilit% of the Kashmiri people to determine their own political future. )fter 4i6on 9s ina&ilit% to implement conflict miti$ation proposals, ;rank raham was appointed as mediator in 1=B1. raham proposed the followin$: a reaffirmation of the cease-fire lineR a mutual a$reement that /ndia and Pakistan would a(oid makin$ incendiar% statements and that would reassert that Kashmir9s future would &e decided &% a ple&isciteR and stead% attempts at demilitari.ation. #ut he was una&le to dispel the dou&ts raised &% the $o(ernments of /ndia and Pakistan on securin$ the appro(al of &oth $o(ernments on a strate$% for withdrawal of forces from the state, and a$reement of &oth $o(ernments on a ple&iscite administrator Ii&id.: 20=N?1J. i(en the un(ia&ilit% of its proposals, the C5 soon &owed out of the political "ua$mire, lea(in$ an unhealed wound on the &od% politic of the /ndian su&continent: the !ecurit% Council resolutions affirmin$ that the future of the state should &e decided &% its deni.ens. a!aharlal Nehr"#s Stance vis$%$vis Plebiscite in amm" and &ashmir /n )u$ust 1=B2, 5ehru declared in the /ndian parliament: L8e do not wish to win people a$ainst their will with the help of armed forceR and if the people of Kashmir wish to part compan% with us, the% ma% $o their wa% and we shall $o ours. 8e want no forced marria$es, no forced unionsM I#hattachar,ea 211E: 6i(R Lam& 1==1: ?>N?3J. #ut, once a$ain, he e"ui(ocated and sou$ht to capitali.e on the formation of the de facto &order &% declarin$ in 1=BB that he had asked his Pakistani counterparts to consider resol(in$ the Kashmir issue &% con(ertin$ the de facto &order into a permanent international one &etween the two nation-states. 5ehru9s endea(or to rene$e on his oft-repeated promise of holdin$ a ple&iscite created a hostile o&stinac% in Pakistan . )fter the trou&lin$ failure of !ir 4i6on9s (arious proposals, the London Times I > !eptem&er 1=B1 J o&ser(ed: Like most $reat men, 5ehru has his &lind spot. /n his case it is Kashmir , the land of his fore&ears which he lo(es Llike a woman.M #ecause he is not amena&le to reason on this su&,ect, &ut allows emotion to $et the &etter of common sense, Kashmir remains a stum&lin$ &lock in the

path of /ndoNPakistan friendship. !o lon$ as it is so /ndia 9s moral standin$ is impaired, her will to peace is in dou&t, and her ri$ht to speak for )sia is "uestioned &% her ne6t-door nei$h&or O sic P. Critics ma% well ask, if self-determination under Cnited 5ations auspices is (alid for Korea Oas /ndia ad(ocatesP, wh% is it not (alid for Kashmir G 5ehru9s sentimentalism and (acillation re$ardin$ Kashmir , perhaps, pla%ed a lar$e role in keepin$ this issue of international dimensions in lim&o. 'he Kashmir dispute has thus remained trou&lin$l% infantile in its irresol(a&ilit%. 'he remushroomin$ of the separatist mo(ement in Kashmir in 1=E= and the su&se"uent creation of a political (acuum has allowed the insidious infiltration of distrust and suspicion into the relationship &etween Kashmir and the two nuclear powers in the /ndian su&continent, /ndia and Pakistan . Legitimacy of Article '() )ll dou&ts a&out the attenuation of )rticle 031 were remo(ed when the rulin$ faction of the 5C, led &% !adi", heralded the dissolution of the part% and its su&se"uent inte$ration into the /ndian nationalist Con$ress Part%. 'his attempt at discountin$ a historic political mo(ement that fore$rounded a separate Kashmiri identit% was an e6clusionar% tactic deplo%ed &% the Cnion $o(ernment. 'he Con$ress Part%9s workin$ committee unhesitatin$l% accepted the inte$ration of the 5C I!adi" faction or 4emocratic 5ational ConferenceJ into it. 'his su&stanti(e de(elopment proclaimed the (ictor% of the -indu nationalist pro,ect in /ndian-administered @ K K, which had sou$ht the su&sumption of reli$ious minorities into a centrali.ed and authoritarian state since the 1=?1s. 'he furtherance of the -indu nationalist a$enda in the state was ena&led &% the complicit% of one of the architects of democrac% and secularism, @awaharlal 5ehru. -is adherence to the unitar% discourse of nationalism $al(ani.ed the suppression of demands for the autonom% of the /ndian-administered @ K K state IPuri 1==B: E=J. 'hese inte$rati(e and centralist measures were met with massi(e opposition, which the /ndian $o(ernment suppressed with &lood% maneu(ers. 'he (olcanic nature of the protests in the 7alle% $a(e a (eneer of le$itimac% to its action of lar$e-scale repression of leaders of the Ple&iscite ;ront. )&dullah was also arrested, for the umpteenth time, under the 4efense of /ndia Aules, to further hush the (oices of dissent. 'he uproar in Kashmir was an opportune moment for Pakistan to ,ump in the fra%R this au$mented the unrest and led to an /ndiaNPakistan war in 1=>B Isee 4as$upta 1=>EJ. 'he flames of discontent in Kashmir were fanned &% Pakistan , which e6pected cooperation from the Muslims of the 7alle%. #ut it ended up &ein$ disappointed &ecause the Kashmiri populace did not $et in(ol(ed in the war on a massi(e scale. 'he mindset of the Kashmiri people, which the /ndian $o(ernment had culpa&l% i$nored, was articulated &% Prem 5ath #a.a. IO1=>3P 211B: ==N111J, who like 5ehru, as / ha(e mentioned in earlier chapters, was of Kashmiri Pandit descent and an eminent ad(ocate of socialist democrac%: L)n o(erwhelmin$ ma,orit% of them OKashmiri MuslimsP are not happ% under the present political set-up, and desire to &e done with it. #ut the% are reluctant to &rin$ a&out chan$e throu$h warfare and &loodshed.M 'he nona$$ressi(e and compliant attitude of the Kashmiris prior to the resur$ence of (iolent secessionist mo(ements in 1=E= has &een hi$hli$hted &% other writers as well. *minent political and social acti(ists such as the aforementioned Prem 5ath #a.a., @a%aprakash 5ara%an, and others, conceded that /ndia 9s ima$e as a secular democrac% had &een tarnished &% its repressi(el% undemocratic tactics in the state Ii&id.R see also, )k&ar 1=EBJ.

5%la )li Khan is the author of 'he ;iction of 5ationalit% in an *ra of 'ransnationalism I 5ew Fork : Aoutle$e, 211BJ and /slam, 8omen, and 7iolence in Kashmir I 5ew Fork : Pal$ra(e Macmillan, 2111J. !he is alsoa a 7isitin$ Professor, 4epartment of *n$lish , Cni(ersit% of <klahoma

http://www.frontline.in/na(i$ation/G t%peSstaticKpa$eSflonnetKrdurlSfl2B1E/stories/211E1=122B1E1E111.htm *rontline, 7olume 2B - /ssue 1E :: )u$. 01-!ep. 12, 211E. *)+,GHT T+ H--. %.G. N++)%N/ 'ashmir has still not forgi&en New 0elhi for what it did on %ugust 1, 2134. !-*/K- )#4CLL)- said at the second session of the @ammu and Kashmir !tate PeopleTs Con(ention on @une E, 1=31: L'he final &reak in our relations came in 1=B0 when Pandit @awaharlal su$$ested that / should $et the accession ratified &% the Kashmir Constituent )ssem&l%. 'his chan$e in his attitude &affled me for he had himself opposed it in the pastU / stron$l% ad(ised him a$ainst such a step. 'his led to m% remo(al from the premiership of the !tate and lon$ imprisonment without trial.M 5ew 4elhi &e$an mo(es to &rin$ the re&el to heel. !rina$ar &e$an $ropin$ for an accord that would confer finalit%. The "ind# reported on )pril 23, 1=B0, that the !heikh was plannin$ to &rin$ a&out a federal polit% comprisin$ fi(e units N the 7alle%, @ammu, Ladakh, Poonch and il$it N in an L)utonomous ;ederated Cnit of the Aepu&lic of /ndiaM. /ncidentall%, e(en at the con(ention in 1=31, he scolded a mem&er, )li !hah, for ad(ocatin$ accession to Pakistan. L-e must &e prepared to concede the same ri$ht to his -indu nei$h&our if he &elie(es his sal(ation lies in ,oinin$ with /ndia.M 'here must &e no partition: LKashmir is homeland of us all, whether -indus, Muslims, !ikhs, or #uddhists.M 8hile @awaharlal 5ehru kept pressin$ )&dullah to LimplementM the 4elhi )$reement Ithat is, ratif% the accessionJ, )&dullah &e$an consultations on possi&le solutions transparentl%. #akshi hulam Mohammed, 4.P. 4har and .M. !adi" kept 5ehru informed &ehind the !heikhTs &ack, thou$h their leader himself kept 5ehru in the know. <n Ma% 1E, 1=B0, mem&ers of the workin$ committee of the 5ational Conference I5.C.J appointed an ei$ht-mem&er committee to e6plore a(enues of a settlement. /ts mem&ers were !heikh )&dullah, .M. !adi", Maulana Mohamed !aeed Masoodi, !ardar #udh !in$h, Mir.a Mohammed )f.al #e$, Pandit irdharilal 4o$ra, #akshi hulam Mohammed and Pandit !hamlal !araf. 5ehru, who was in Kashmir from Ma% 20 to 2B, was full% informed a&out the deli&erations. -ere is an e6tract from the minutes of the committeeTs final session held on @une =, 1=B0. L)s a result of the discussions held in the course of (arious meetin$s, the followin$ proposals onl% emer$e as possi&le alternati(es for an honoura&le and peaceful solution of OtheP Kashmir dispute &etween /ndia and Pakistan:

IaJ <(erall ple&iscite with conditions as detailed in the minutes of the meetin$ dated ?th @une, 1=B0 Othis, apparentl%, was a reference to Maulana MasoodiTs su$$estion that the choice of independence &e offered in the ple&iscitePR I&J /ndependence of the whole !tateR IcJ /ndependence of the whole !tate with ,oint control of forei$n affairsR IdJ 4i6on Plan with independence for the ple&iscite area Ire$ion-wise disposition of the !tateJ. L#akshi !ahe& was em!haticall* of the opinion that the proposal IdJ a&o(e should &e put up as first and the onl% practica&le, ad(anta$eous and honoura&le solution of the dispute. Maulana !aeed, howe(er, opined that the order of preference as $i(en a&o(e should &e adhered to.M 8hat .M. !adi" then said is worth recallin$: L/f an a$enc% consistin$ of /ndia, Pakistan, )f$hanistan, !o(iet Aussia and China could &e created to super(ise and conduct the ple&iscite, / would su$$est that we should immediatel% ask for an o(erall ple&iscite. ;ailin$ this, we ma% ask for a super(ision commission representin$ all the Mem&ers of the !ecurit% Council for ensurin$ free and fair ple&iscite in the !tate.M -e was close to the Communist Part% of /ndia ICP/J and wanted the Cnion of !o(iet !ocialist Aepu&lics to &e represented on the commission. Most of the leaders of the 5.C. were pro-Left. /n @une 1=B0, Maulana )&ul Kalam ).ad (isited Kashmir and was apprised of these de(elopments. *arl% in @ul% 1=B0, 5ehru was informed a&out the decision Isee )heikh+)adi, -orres!ondence: '#(#st+$ctober, ./01, pu&lished &% Mridula !ara&hai, 5ew 4elhiJ. 5ehru read the minutes and was $reatl% distur&ed &% the !heikhTs attitude. /f #akshi and !adi" did not worr% him with their LemphaticM support for ple&iscite, it was &ecause he knew the% were dissimulatin$ and pla%in$ for time. )n an$r% correspondence with the !heikh followed. !heikh )&dullahTs wanton rudeness to ).ad in !rina$ar did not help. ) letter which ).ad wrote to )&dullah on @ul% =, 1=B0, re(eals that the !heikhTs fears were not unfounded after all. -e offered to make )rticle 031 permanent, as if it was not meant to &e so, until replaced &% a final accord. 'he !heikhTs repl% of @ul% 1> pointed out that an% final settlement re"uired both a Cnion-Kashmir accord on autonom% and an /ndia-Pakistan accord on the !tateTs future. L/ hope %ou are not unaware of the fact that e(en after 4elhi )$reement responsi&le spokesmen of the o(ernment of /ndia declared that their ultimate o&,ecti(e was to secure complete mer$er of !tate with /ndia and that the% waited for appropriate time and conditions to &rin$ that a&out. 'hese statements re(eal that 4elhi )$reements could not pro(ide a &asis to finalise relationship &etween /ndia and KashmirR &ut that the% pro(ided temporar% arran$ements to finalise accession. 'he onl% difference &etween the o(ernment of /ndia and different elements in the countr% on the issue is whether to &rin$ a&out the mer$er of the !tate with /ndia now or after some timeU L/ am (er% happ% to hear from %ou that the o(ernment of /ndia is willin$ to declare that the special position $i(en to Kashmir will &e made permanent and that the o(ernment of /ndia will &e &ound &% it without an% conditions. If s#ch a declaration had been made at an a!!ro!riate time, it wo#ld #ndo#btedl* ha%e stren(thened o#r hands and #nified %ario#s or(anisations and

!#blic o!inion in the )tate.M IKashmir2s )!ecial )tat#sR )ll @KK 5ational Conference, 1=3BR pa$es 22-2?J. /n @ul% 1=B0, it was too late and too little: LFou would appreciate that without such Othe peopleTsP support, this declaration would not suffice to dispel the fears that ha(e arisen in the minds of the people of Kashmir.M !ince KashmirTs accession to /ndia in 1=?3, the !heikh had tried (aliantl% to win o(er the people to his wa% of thinkin$ N accession to /ndiaR &ut he failed. 'he Mahara,a, his friends in 5ew 4elhi, 7alla&h&hai Patel, the /ntelli$ence #ureauTs #.5. Mullik, and the !an$h Pari(ar did e(er%thin$ that would weaken his hands. 'heir opposition to autonom% stren$thened separatism. ;or reasons of his own, 5ehru pressed him to i$nore the people Ifor whom he had scant respect an%wa%: Lsoft and addicted to eas% li(in$MJ and, in effect, ser(e as 5ew 4elhiTs man. 'his !heikh !ahe& stoutl% refused to do. /t was from the people that he had drawn sustenance all his life. 'he facts totall% &elie the char$es, so common in our political culture N personal am&ition and forei$n inspiration. -e was dri(en to take the stand he took in 1=B0. The entire chain of e%ents was indi(eno#s and o!en thro#(ho#t. !ince )dlai !te(enson (isited !rina$ar in 1=B0, it was con(enient to name him as a(ent !ro%ocate#r. /n a letter to his sister 7i,a%alakshmi Pandit on <cto&er 0, 1=B0, 5ehru wrote: L)s for )dlai !te(enson, / do not think that he is to &lame in an% wa%M I)elected Works of 3awaharlal 4ehr#R 7olume 2?, pa$e 0EEJ. #ut the dama$e was done. /t created a rift &etween the !heikh and the Left, which was ne(er healed thou$h -iren Mukher,ee and -arkishan !in$h !ur,eet did their &est to heal it. /n domestic politics, 5ehru emer$ed stron$er after the crisis. /nternationall%, /ndian presti$e suffered. ;ateful step Kashmir has still not for$i(en 5ew 4elhi for what it did on )u$ust =, 1=B0. /mpetuous as he was, 5ehru had panicked. -e knew that !heikh )&dullah was stoutl% opposed to accession to Pakistan. -e had no place there. 5ehru co#ld ha(e settled with &oth the !heikh and Pakistan on a &asis other than ple&iscite. -e would panic, likewise, in 1=B= when China asserted that Lthere e6isted a &oundar% disputeM. -e thou$ht it meant reopenin$ the entire &oundar%. /n realit%, it meant $i(in$ up the )ksai Chin alone, not the McMahon Line. Popularit% and power meant more to him than ha$io$raphers admit. /n the result, he sacrificed the national interest. 8ith $reater coura$e, he could ha(e led and retained power, settled Kashmir and the &oundar% dispute and remained Prime Minister. /t is a terri&le le$ac% that he &e"ueathed to /ndia. 'ra$icall%, on @ul% 01, 1=B0, 5ehru took the fateful step. Mullik wrote in his memoirs 5* 6ears with 4ehr#: L<n 01 @ul% Mehra O4.8. Mehra, MullikTs 4eput%P and / met the Prime MinisterU he came to the point that there was no other alternati(e &ut to remo(e !heikh )&dullah and install #akshi hulam Mohammed in his placeU. he warned that we m#st be !re!ared for the worst, beca#se the )heikh #ndo#btedl* had a lar(e followin( in the Valle*.M Mehra should Lassume controlM of the !tate police, e(en &ecome Chief *6ecuti(e if need &e Ipa$e ?2J. <n the same da%, @ul% 01, he prepared a statement which M.<. Mathai recorded. /t contained his written instructions for the !heikhTs dismissal, outlinin$ the (er% steps that were taken later: L) &rief memorandum mi$ht &e prepared and placed &efore the O!tateP Ca&inet.M 'he -ead of the

!tate should ask for the resi$nation of those who disa$reed. L/f the resi$nations are not forthcomin$, he should ha(e an order read% for the dismissal of the $o(ernment.M )lso, Lsuch assistance as ma% &e considered necessar% for the maintenance of law and order should &e a(aila&leM N from 4elhi, of course. -ence, the alert to the )rm%. L/t will &e desira&le to prepare the $round for thisU with prominent mem&ers of the *6ecuti(e of the Part%M I)elected Works of 3awaharlal 4ehr#R 7olume 20R pa$es 012-?J. ulmar$ on )u$ust =. Karan !in$hTs order of dismissal cited, astonishin$l%, discord in the Ca&inet as $round for the dismissal N a $round whose a&surdit% faction-ridden Ca&inets $alore ha(e since demonstrated at the Centre and in the !tates. 'he aftermath was descri&ed in detail in the 7e!ort on Kashmir &% !adi" )li and Madhu Lima%e I) Pra,a !ocialist Part% Pu&licationR ;e&ruar% 1=B?J. 'he% had spent a fortni$ht in Kashmir from !eptem&er 2B, 1=B0. People had not reconciled themsel(es to the chan$e despite &rutal repression. L#akshiTs own house was attacked.M -e was Lner(ous and wanted to step downM. !adi" dissuaded him I5* 8ifeR Mir :asimR pa$e31J. /ndira andhi disappro(ed 'o one and all, 5ehru flatl% denied that he was responsi&le for the !heikhTs dismissal, let alone his arrest. -e told the President on )u$ust =: L8e did not wish to interfere in an% wa% with these internal happenin$s... 'he !adar-i-Ai%asat OKaran !in$hP has acted on his own responsi&ilit% in this matter.M Parliament was $i(en the same line on )u$ust 11: L<ur ad(ice was neither sou$ht nor $i(en.M !o were the Chief Ministers on )u$ust 22, with a defence of the arrest as well I)elected Works of 3awaharlal 4ehr#R 7olume 20, pa$es 01= and 012J. 5ehruTs letter to /ndira andhi on )u$ust = was no more candid. !he wrote from +urich on )u$ust 11: L/t is a heart-&reakin$ thin$ to happenU / am filled with a terri&le and deepl% penetratin$ sadnessU /t is like cuttin$ a part of oneselfM ITwo alone, Two To(ether edited &% !onia andhiR pa$e B?>J. !he clearl% disappro(ed of her fatherTs action. !he said as much when this writer met her in 4ecem&er 1=>3. -er opinion is si$nificant for she was well aware of the &ack$round. 5ow for the document that has come to li$ht. /t not onl% (indicates her ,ud$ment &ut e6poses the callousness and c%nicism of those who dismissed the !heikh. 'he writer is inde&ted to that fine institution, the 5ehru Memorial Museum and Li&rar% in 5ew 4elhi, for pro(idin$ him a cop% at his re"uest. /t is a note &% 5ehruTs Pri(ate !ecretar%, M.<. Mathai, dated !eptem&er 12, 1=B0, addressed to L/ndira,iM. /t was marked L'op !ecret and ConfidentialM. -e emphasised, L/ ha(e t%ped this m%self.M /ndira wanted to meet !heikh !ahe& in prison, soon after her return from *urope. !he would not ha(e thou$ht of this if an% of the wild char$es le(elled a$ainst him had a particle of truth. Predicta&l%, Mathai dissuaded her and enlisted 7.K. Krishna MenonTs help. Mathai &e$an: L/ ha(e $i(en considera&le thou$ht to %our proposal to meet !heikh )&dullah.M -e then proceeded to dissuade her, in four foolscap pa$es: LFou said that in whate(er %ou talk to

!heikh )&dullah, he will trust %ouU it implies that %ou trust him too.M 8hat followed full% e6posed the falsit% of the char$es: L/ do not &elie(e that !heikh )&dullah deli&eratel% intended to switch on his &and-wa$on to Pakistan. )n% person accusin$ him of that is not onl% doin$ him an in,ustice &ut is also spoilin$ our own cause. -owe(er, it is a patent fact that the speeches and acti(ities of !heikh )&dullah durin$ the past few months ha(e had the effect, direct and indirect, of encoura$in$ the pro-Pakistani elements amon$ the Muslim population of the !tate. /t was !heikh )&dullahTs acti(ities, assisted &% those of )f.al #e$, that made the dormant proPakistani elements hi$hl% (ocal and encoura$ed them to function in the open freel%.M Cndesira&les LinfiltratedM N a char$e 5ehru himself ne(er made. 5ehru was not LinfluencedM &% others. L/t is in the conte6t of sheer self-interest and self-preser(ation, which are &ound up with certain &asic principles we ha(e proclaimed, that we ha(e to (iew and deal with the Kashmir "uestionM N raison d2etat. -e listed the o&,ections N Lem&arrassmentM to the present re$ime in Kashmir IL%our meetin$ mi$ht e(en unner(e themMJR the press will disco(erR the !heikhTs reaction and Lthe attitude of #e$um )&dullahM. ;undamentall%, L%ou should consult PM OPrime Minister 5ehruP a&out %our idea of meetin$ !heikh )&dullah secretl%. /f he a$rees with %our proposal, then in order to ha(e an% worth-while talk with !heikh )&dullah, %ou should ha(e a (er% clear idea as to what the o(ernment of /ndiaTs intentions are in re$ard to Kashmir N polic% in re$ard to &oth the immediate present and the lon$-term one.M !he could not pla% a lone hand opposed to 5ehruTs line. 8hat could she offerG !heikh )&dullah was indeed Lan ac"uisition from the political point of (iewM N an admission that he represented the people. #ut would he for$i(e LusM nowG Krishna Menon called him a 'rotsk%. Mathai, who had recorded 5ehruTs orders on 01 @ul%, wrote: L/t will &e ps%cholo$icall% wron$ for !heikh )&dullah to &e reinstated in o(ernment until the Kashmir pro&lem is finall% sol(ed in all its aspects N includin$ the international aspect.M 'his is precisel% the ad(ice Karan !in$h offered to 5ehru on @anuar% 11, 1=B>, and was snu&&ed &% him the (er% same da%: LFou sa% that it would &e desira&le to keep him in detention till it is found possi&le to declare that the Kashmir dispute is finall% closedU /n fact, so lon$ as !heikh )&dullah is in prison, the dispute will not &e finall% closed. /t is onl% when he has &een released and we ha(e faced the conse"uences of that release and sur(i(ed them, that it will &e possi&le for the situation to de(elop towards a final endM IKaran !in$hR 3amm# 9 Kashmir ./:;+1:: )elect -orres!ondenceR pa$e 1E3J. -arsh treatment in ,ail 5ehruTs strate$% of wearin$ out his prisoner did not work. /t re"uired the uphea(al of the #an$ladesh war and the !himla Pact to persuade the !heikh to %ield in the accord with /ndira andhi in 1=3B. 'o imprison the man was &ad enou$h. 8orse still, he was su&,ected to harsh treatment. 5ehru e(en opposed permission for inter(iews I!eptem&er 1J. !heikh )&dullah asserted his ri$ht to attend the Constituent )ssem&l%Ts meetin$s. 5ehru told #akshi on <cto&er 2: L'his is a matter entirel% in the discretion of Kashmir o(ernmentU and would not &e proper for me to inter(ene in an% wa%. / would su$$est, howe(er, that all detenue mem&ers of Constituent

)ssem&l% should &e $i(en opportunit% to send an% written memorandum should the% so desire it.M /t was a de(ious wa% of disappro(in$ an% permission to )&dullah to attend the meetin$s. -e declined to respond to a messa$e from )&dullah, L&ut / sent OhimP a messa$e in re$ard to itM. ;inall%, !heikh )&dullah wrote to him on March 1E, 1=BB, askin$ to &e informed what sins he had committed. 5ehruTs repl% of )pril E harked &ack to his 5ote of )u$ust 2B, 1=B2: LFou had decided to pursue a line of action which appeared to me to &e (er% harmful for the future of @ammu and KashmirM I)elected Works of 3awaharlal 4ehr#R 7olume 2E, pa$e 0BJ. -e was &ein$ punished for takin$ 5ehru at his word and askin$ him to fulfil the pled$es he had made pu&licl% and repeatedl% to the people of Kashmir. 'o Aa,a,i, 5ehru &elatedl% alle$ed, on ;e&ruar% ?, 1=BB, that the !heikh had Ltalked of &lood and thunder and settin$ fire to the Kashmir 7alle% and so onM. 5ehru ne(er confronted the !heikh with this char$e pu&licl% or in pri(ate, to seek his e6planation. /t was mean to write Lhe is li(in$ in (er% $reat comfort with all kinds of facilitiesM I)elected Works of 3awaharlal 4ehr#R 7olume 0>, pa$e 02?J. *(identl%, 5ehruTs famed passion for practisin$ econom% in household e6penses e6tended with e"ual ardour to practisin$ econom% with truth. !oon 5ehru had a pro&lem with #akshi and Karan !in$h. 'he% resented his ,oint communi"ue with Prime Minister Mohammad )li of Pakistan on )u$ust 21, 1=B0, promisin$, once a$ain, ple&iscite in Kashmir. #akshi resi$ned. 5ehru sent ).P. @ain to e6plain his calculations, which he laid &are in a letter to Karan !in$h on )u$ust 21: L#ut for some kind of an a$reement &etween us and Pakistan, the matter would ine(ita&l% ha(e &een raised in the C5 OCnited 5ationsP immediatel% and the% mi$ht well ha(e sent down their representati(e to Kashmir. )ll this a$ain would ha(e kept the a$itation and made it $low. /t is all these considerations that made us a$ree to the statement that has &een issuedM I)elected Works of 3awaharlal 4ehr#R 7olume 20, pa$e 0?>J. @ain corro&orates this IKashmir, pa$e 30J. 5ehru simpl% wanted to &u% time. -e settled neither with the !heikh nor with Pakistan. 'he record &rin$s out two features in &old relief. 5ehru knew that it was the !heikh who represented the peopleTs feelin$s, not #akshi K Co., and that the people would protest. -ence the precautions on which he insisted. !econdl%, 5ehru and his associates acted co(ertl%R the !heikh was transparenc% itself. 'he letters he wrote to Masoodi, the 5.C.Ts $eneral secretar% then in 4elhi, on )u$ust > and E, 1=B0, said: L'here is nothin$ to worr% a&out.M /ndeed, onl% a few da%s &efore the coup, #akshi said at Mu,ahid Man.il in !rina$ar that while e(er% Muslim had fi(e articles of faith he had si6, the si6th &ein$ his lo%alt% to !heikh !ahe&. <n )u$ust ?, !adi" and #akshi (oiced reser(ations on their own proposals to the ei$ht-man committee, e(identl% em&oldened &% 5ehruTs decision of @ul% 01. 'he !heikh thereupon con(ened a meetin$ of the workin$ committee and $eneral council of the 5.C. on )u$ust 2? and 2=, respecti(el%, and re,ected their pleas for postponement of the meetin$s. -e did not suspect a conspirac%. 'he draft of a speech he was to deli(er to an /d con$re$ation on )u$ust 21 was also made a(aila&le to the Centre. -e affirmed the 4elhi accord and criticised Pakistan, &ut pleaded for a settlement to ensure finalit%. -e was arrested on )u$ust =. <n @anuar% >, 1=BE, the !heikh was released from ,ail. <n )pril 11, 1=BE, he wrote to 5ehru: L/n spite of all that has happened since )u$ust 1=B0, / still &elie(e that the ke% of the solution lies in %our hands and / appeal to %ou not to &e decei(ed &% #akshi hulam Mohammed and his

other supporters in pursuin$ a polic% which, in the end, is &ound to pro(e disastrous for all.M -e was re-arrested on )pril 2=, 1=BE, &% 4.8. Mehra, then /nspector- eneral of Police, @ammu and Kashmir. <n Ma% 13, 1=BE, the $o(ernment ordered the prosecution of 2B persons for the offence of conspirac% to o(erthrow the state &% use of force. 'he !heikh was not cited as one of the accused. <n <cto&er 20, 1=BE, howe(er, a police complaint was filed and he was also included amon$ the persons accused of conspirac%. 'he specific char$e a$ainst !heikh )&dullah and his collea$ues was that the%, from '#(#st /, ./0<, to )pril 2=, 1=BE, Lconspired to o(erawe &% means of criminal force and show of criminal force the le$all% and constitutionall% esta&lished o(ernment of @ammu and Kashmir and facilitatin$ the wron$ful anne6ation of the @ammu and Kashmir !tate &% PakistanU.M Mullik was asked to &uild up the case. 5ehruTs appro(al was implicit. 'he date chosen, )u$ust =, 1=B0, implies a conspirac% hatched in prison and none before that date. 5ot for the last time, a police officer $a(e false information and was accepted as a partner in decision-makin$. Mullik replicated this role on China, with e"ual disaster. Later, in the !essions Court, the char$e of wa$in$ war was also added. /n @anuar% 1=>2, the accused were committed to stand trial in the !essions Court. Proceedin$s in the !ession Court &e$an onl% on !eptem&er =, 1=>2, and went on calculatedl% at a snailTs pace. 'he case was necessar% to re&ut international criticism of imprisonment without trial. /t was withdrawn and !heikh )&dullah, #e$ and others were released on )pril E, 1=>?. 'he friends of old met. 5ehru in(ited !heikh !ahe& to &e his $uest. 8ith 5ehruTs appro(al, he went to Pakistan on Ma% 2?, 1=>?, and met President )%u& Khan. )t Aawalpindi, on Ma% 2>, he announced that )%u& Khan had accepted 5ehruTs in(itation to (isit 4elhi for talks in @une. 'he ne6t da%, on Ma% 23, @awaharlal 5ehru &reathed his last. !heikh !ahe& so&&ed inconsola&l% at his funeral. -is dreams la% shattered. Meanwhile, #akshi and !adi" had fallen out. <n <cto&er 11, 1=>?, the !heikh condemned #akshiTs arrest &efore he could mo(e a motion of no-confidence a$ainst !adi" in the )ssem&l%. 'he &oulder that was thou$htlessl% let loose from the top of a hill on )u$ust =, 1=B0, wreaked ha(oc and continues to roll. /t will &e stopped onl% &% a Cnion-Kashmir accord &ased on the wishes of the people of @ammu and Kashmir and an /ndia-Pakistan accord &ased on the solid Manmohan !in$h-Musharaff consensus. 'here must &e full restoration of )rticle 031. /ts LerosionM had &e$un in 5ehruTs da%s. )lso, 5ew 4elhi must $i(e up the &usiness of Ministr%makin$ in !rina$ar N whether throu$h the Con$ress or the intelli$ence ser(ices or &oth. <ne man kept his head in all these %ears N Aa,a,i, the wisest of them all. Mullik records: L8hen some months later, / met !ri Aa,a$opalachari at Madras Ihe was then the Chief MinisterJ, he asked me wh% it had &ecome necessar% to arrest !heikh )&dullah. / narrated to him all the circumstances which had led to his arrest. Aa,a,i said that the !heikh should ha(e &een $i(en a third alternati(e of autonom% or e(en semi-independence and the door should not ha(e &een shut

a$ainst him. -e apprehended that continued uncertaint% and unrest would pre(ail in the (alle%M IMullik, pa$e ?3J. /t still does. Aa,a,i pla%ed a si$nificant role in 1=>?. 'he !heikh called on him in Chennai for ad(ice. Aa,a,i remained an ad(ocate of conciliation until his death. 5ow, BB %ears later, there is no si$n that an% lessons ha(e &een learnt from the tra$ic chain of e(ents that were &e$un on )u$ust =, 1=B0. )s the poet said, K#ch aise bhi man=ar hai twarikh ki na=ron mein>8amhon ne khata kithi sadion ne sa=a !ai I'here are some happenin$s in the e%es of histor%/8hen moments lapsed in sin and centuries &ore the punishmentJ.

+ir ,asim My Life and Times -om.ay: Allied /u.lishers 100*. 1oined in 2rinagar3s 2./. "ollege 4 an 5indu /rincipal was replaced .y (6. +ohamud (in 7aseer for 8ahore in 1041 4 A section of teachers mostly non9+uslims opposed the induction of (r. 7aseer and incided non9+uslim students to mo.ilie their support. #n the other hand the supporters of (6. 7aseer3s appointment set up a !+uslim -loc) with me as its 2ecretary 4 7aseer :oined 4 7he o.:ecti;es of the +uslim -loc had already.een achie;ed when 2hei'h A.dullah got wind of it and ;isited our college to en%uire a.out this organisation. 5e met me <.efore that he had already made en%uires a.out me= and was satisfied that the organisation was :ust a momentary reaction to an emoti;e de;elopment. 5e smelt communalism in its name and ad;ised us to wind it up now that we had got what we wanted. 7hat was done. >14? -attle of processions in 2rinagar in the early 40s 4 &t happened during &d9ul9+ilad </rophet3s -irthday= when he National "onference too' out a procession. 7o outmatch this procession +aul;i @usaf 2hah3s +uslim "onference organised a more impressi;e one. 7a'ing it as a challenge 2hei'h A.dullah as'ed +aulana +ir AaiB Chulam Na.i 5amdani to ta'e out a procession. 7he National "onference fully participated in +aulana 5amdani3s procession which eclipsed the effects of the one organised .y the +uslim "onference. >1D? 1innah ;isits Kashmir &n 1044 an e;ent of great national importance too' place. &t was the ;isit in 1une that year of the +uslim 8eague leader +ohammad Ali 1innah to 2rinagar. Eor many +uslims +r. 1innah had descended on >1D91F? the su.continent as the +essiah .ut not so for the +uslim ma:ority 2tate of 1ammu and Kashmir. 5e had .een a supporter of the +ahara:a against the oppressed +uslims of the 2tate .ut as the possi.ility of the creation of /a'istan .egan to crystallise he turned his attention to these oppressed souls without regretting his earlier stand. 2hei'h A.dullah...organised a grand reception at ,aBigund which is :ust near the entry point of the -anihal tunnel. -y organising this reception the 2hei'h wanted to gi;e a demonstration of Kashmir3s hospita.ility in recognition of +r. 1innah3s political stature .ut without su.scri.ing to his <1innah3s= political philosophy... >1F? At a reception gi;en to +r. 1innah in 2rinagar the differences .etween the National "onference and the +uslim 8eague came out into the open. 5ow acute were the differences clear from the fact that the reception was followed .y a demonstration against +r. 1innah who had to see' Co;ernment protection to lea;e the 2tate in a huff. & must say 2hei'h A.dullah was te only +uslim leader and Kashmir the only +uslim ma:ority 2tate to defy the onslaught of +r. 1innah. &n the North9Aest Erontier /ro;ince where the powerful Khan .rother sstood against +r. 1innah3s philosophy could not carry all the /athans with them. >1F?

& was not much con;inced of the logic that the N" wanted to show Kashmir3s hospitality to +r. 1innah while disagreeing with what he stood for 4 7his e;ent ga;e me .oldness to differ with the top leadership of the party 4 >1F91G? Aligharh 4 +A 4 Hlection campaign 4 mullahs campaigning for different parties for money9 1innah ne;er sought the support of +ullahs for his campaign9 2hei'h ,uit Kashmir +o;ement 4 all the top three positions in +A that year went to the students of 1K9 ,uit Kashmir slogan raised in +ay 104F 4 "ongress9National "onference 1oint 2truggle (i;ision of "ountry9 104F9 Kashmiris dilemma which side9 -ut things were shaping in a way which much facilitated our choice. +r. 1innah 'illed the chances of Kashmir going to /a'istan .y condemning the campaign against the princely rule as a mo;ement engineered .y some malcontents. 7hroughout this mo;ement he made no .ones a.out his support to the +ahara:a and was indifferent to the a.:ect miseries he <the +ahara:a= was inflicting on the helpless people of Kashmir. +r. 1innah had alleged that the ,uit Kashmir +o;ement was !foreign inspired). >31? #n the other hand the secular thin'ing of the &ndian National "ongress leaders reflected the aspirations of the Kashmiris and the o.:ecti;es of the National "onference. Also the "ongress was one with the people of Kashmir in their struggle against the oppressi;e rule >3193*? of the +ahara:a. 7he top .rass of the "ongress ;isited Kashmir to support the ,uit Kashmir +o;ement during 104F.... 7he +ahara:a pre;ented his >Nehru? entry into Kashmir .y arresting him at (omel <now under /a'istani control=. 7he +ahara:a paid some Kashmiri /andits to organise .lac' flag demonstrations against +r. Nehru at Kohala. Asaf Ali and "haman 8al also tried to enter Kashmir to defend 2hei'h A.dullah at his trial9 After +r.Nehru Candi:i ;isited Kashmir. & re%uested him to ;isit Anantnag. 5e o.liged .ut was on maun brat <;ow not to spea'= that day. 8ater when +ahara:a in;ited him to tea he refused to touch anything and told him: !@our su.:ects are unhappy). >3*? 7he ,uit Kashmir slogan had deri;ed its inspiration from the "ongress slogan of !,uit &ndia). >34? 2hei'h 2ahe. was apparently 'eeping his mind open on the %uestion of >3D93F? Kashmir accession the "ongress support and +uslim 8eague3s attitude to the oppressed Kashmiris notwithstanding. 5e sent +r. 2adi% to /a'istan to 'now how much internal autnomy +r. 1innah was willing to gi;e in case Kashmir decided to

:oin /a'istan. 7he 2hei'h himself was planning to go to New (elhi on a similar pro.ing mission. 5e was ;ery confident he would carry the +uslim ma:ority Kashmir with him to :oin 5indu ma:ority &ndia in preference to the +uslim ma:ority /a'istan. #ther Kashmiri leaders including +r. 2adi% were in fa;our of Kashmir :oining &ndia. >3D93F? +r. 2adi% returned from Karachi <it was then the national capital of /a'istan= with a warning that the Kashmiris must :oin /a'istan without any preconditions. 5e informed 2hei'h A.dullah of his tal's with +r. 1innah and was now planning to go .ac' to Karachi for further clarification. 7he 2hei'h was getting ready to go to New (elhi. -ut .efore the two could fly on their separate missions the /a'istanis decided to resol;e this %uestion of accession .y in;ading Kashsmir. >3F? &n;asion from /a'istan9 +ahara:a re%uest for rescue was denied .y C#& stating he is not commanding respect from Kashmiri masses9 7he "a.inet meeting was on and /andit 1awaharlal Nehru was insisting that the Co;ernment could not sent its forces to Kashmir at the re%uest of the +ahara:a although he wanted to accede to &ndia. $nless this accession was endorsed .y the people of Kashmir said +r. Nehru the &ndian forces would not go there. >38?