His Highness Maharaja Hari Singh

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UNITED KASHMIR PUBLICATIONS HOUSE

HIS HIGHNESS MAHARAJA HARI SINGHHIS HIGHNESS MAHARAJA HARI SINGHHIS HIGHNESS MAHARAJA HARI SINGHHIS HIGHNESS MAHARAJA HARI SINGH

A TRIBUTE ON 50A TRIBUTE ON 50A TRIBUTE ON 50A TRIBUTE ON 50THTHTHTH DEATH ANNIVERSARYDEATH ANNIVERSARYDEATH ANNIVERSARYDEATH ANNIVERSARY

Ashique Hamdani SyedAshique Hamdani SyedAshique Hamdani SyedAshique Hamdani Syed


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Ashique Hamdani Syed is progressive and nationalist activist belong to Muzaffarabad

POK, studied at the Institute of Social Sciences under the Central Committee of

Communist Party of Soviet Union and lived more than 20 years in Soviet Union/Russia

and Lithuania, now residing in Dubai, can be reached at +971507093347,

Email; [email protected]

United Kashmir Publications House is an electronic publishing service that

explores socio -political, socio-economic and international strategic

concerns of State of Jammu Kashmir and to educate new generation about

dynamic history of divided state

The books are free from copyright anybody can reproduce it in any form in

any language by mentioning curtsey of United Kashmir Publications House

and without changing the content

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Great reformer, a nationalist and

patriotic in spirit, the last ruler of

independent State of Jammu Kashmir,

His Highness Maharaja Hari Singh died,50 years ago, on 26 April 1961. He

was born on 23 September 1895 at the

palace of Amar Mahal , Jammu . He was

son of General Raja Sir Amar Singh,

grandson of Maharaja Ranbir Singh andnephew of Maharaja Pratap Singh.

21st April 1944: His Highness Hari Singh Bahadur, the Maharajah of Jammu &

Kashmir and one of India's two representatives at the British War Cabinet inspects civil

defence workers in Bermondsey, London. (Photo by Horace Abrahams/Keystone/Getty

Images).

EARLY LIFE AND EDUCATIONEARLY LIFE AND EDUCATIONEARLY LIFE AND EDUCATIONEARLY LIFE AND EDUCATION

He got admission in Mayo College Ajmer

in 1908 and attained higher secondary

education at the age of 13. His father

General Raja Sir Amar Singh died, a

year later in 1909. The British took

special interests in his education and

appointed Major H.K. Brar as his

guardian. After Mayo College the ruler-

in-waiting went to the Imperial Cadet

Corps at Dehra Dun for military

training, and by the age of 20, he had

been appointed commander-in-chief of

the Jammu and Kashmir State Forces.

DIVERSITY OF STATE OF JAMMUDIVERSITY OF STATE OF JAMMUDIVERSITY OF STATE OF JAMMUDIVERSITY OF STATE OF JAMMU

KASHMIRKASHMIRKASHMIRKASHMIR

Jammu & Kashmir is a multi-ethnic,

multi-religious state with 64% Muslims,

33% Hindus, and 3% Buddhists, Sikhs,

Christians and others. There are three

distinct geographical regions - Ladakh

(with 58% of the area, and 3% of the

population), Jammu (26% area, 45%

population) and Kashmir (16% area,

52% population. The primary languages

of Ladakh are Ladakhi and Balti, of

Jammu : Dogri, and of Kashmir :

Kashmiri. In addition, Gujari, Pahari,

Punjabi, Shina and various dialects and

mixed languages are also spoken by

different ethnic groups within the state.

HIS HIGHNESS MAHARAJA HARI SINGHHIS HIGHNESS MAHARAJA HARI SINGHHIS HIGHNESS MAHARAJA HARI SINGHHIS HIGHNESS MAHARAJA HARI SINGH

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Of the state's 49% who reside in the

Kashmir province, about 13% are Shia

Muslims. Shias of Kargil who know of

the poverty and degradation

experienced by their ethnic siblings in

Baltistan, 14% of the people in Kashmirprovince are the pastoral nomadic Gujar

and Bakarwal people

REIGN OF HISREIGN OF HISREIGN OF HISREIGN OF HIS HIG HNESSHIG HNESSHIG HNESSHIG HNESS

MAHARAJAMAHARAJAMAHARAJAMAHARAJA HARI SINGHHARI SINGHHARI SINGHHARI SINGH

Sir Hari Singh succeeded to become

Maharaja of State of Jammu and

Kashmir upon the death of Maharaja Sir

Pratap Singh, in 1925. He initiated

comprehensive economic, social, legal,

administrative and political reforms. In

a very short span of time, he introduced

several new laws which modernize

almost every branch of pubic affairs. He

led state government in taking social

welfare initiatives with prioritizing

health and education sector. He made

primary education compulsory in the

State, introduced laws prohibiting child

marriage.

AGRICULTURE REFORMAGRICULTURE REFORMAGRICULTURE REFORMAGRICULTURE REFORM

Maharaja Hari Singh set extraordinary

attention to modernize the agriculture

sector with decree of the Agriculturist's

Relief Act that allowed a debtor to bring

his creditors in a Court of Law for the

settlement. Agriculturist's Relief Act

freed the peasants and rural workers

from the egocentricity of money lenders

and creditors.

Next in a line The Land Alienation Acthas forbidden the transfer of

agricultural land to the non-

agriculturists." The agriculturists also

were granted with proprietary

ownership rights and immunity from the

taxes or levies of Nazrana and

Malikana. State Government

encouraged providing loans for the

improvements agricultural lands,

livestock and rural economy with easy

procedures and installments. The rural

population and peasantry without land

encouraged and allowed to dwell theKhalsa land with ownership rights.

The Kahcharai Act was also landmark

step that removed the inequalities in

circumstances applying of Kahcharai

tax. It also granted exemption to the

owners of livestock in respect of

particular animals of a given number

and age. For the improvement of

livestock, a large number of bulls of

Sindhi and Dhani breeds were

distributed among certain peasants in

some selected places. The period of the

land settlement was extended to forty

years. Begar or forced labour was

completely abolished. The activities of

the Agriculture Department, which were

initially restrained to the Kashmir

Province only, were progressively

extended to the Jammu and other

northern provinces.

RURAL DEVELOPMENT REFORMRURAL DEVELOPMENT REFORMRURAL DEVELOPMENT REFORMRURAL DEVELOPMENT REFORM

Maharaja Hari Singh empowered village

panchayats, which then were used to

resolve community conflicts in village

life. Department of Rural Development

was established in 1937, the

panchayats were also associated with

the implementation of plans for rural

development.

ECONOMICECONOMICECONOMICECONOMIC REFORMSREFORMSREFORMSREFORMSDevelopment in trade and industry

sectors got new focuses and numerous

taxes were abolished. State Government

encouraged purchasing local products

from the local enterprises. Maharaja

Hari Sing himself was keen for

industrializations in Sate of Jammu


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Kashmir. Manufacturing units of

matchboxes, tents, carpets, woodworks,

crafts, tannery goods, silk yarn, food

etc. were set upped during this period.

Maharaja Hari Sing took a revolutionary

by establishing The Jammu andKashmir Bank in 1938 that took

control over the government treasury.

Branches The Jammu and Kashmir

Bank were established in Srinagar,

Jammu and other cities and towns in

the state. These achievements brought

an enormous incentive to industry,

trade and local business, which further

encouraged employment and social

indexes of betterment. Industrial

production was also increased

significantly.

The State Government established a

small silk factory in Jammu, with

production unit in Srinagar, which

expanded to four times of its original

size. Besides providing employment to a

large number of workers in the factory,

it brought additional revenue to

thousands of rural families who raisin

cocoons. The opening of industrialcenters and emporium in Srinagar in

1941 and later at Jammu further

promoted the trade of the Kashmiri

products.

Maharaja Hari Singh also paid much

attention to tourism sector. The Jammu

and Kashmir knows for its natural

beauty all over the world that always is

fascinating the tourists. The number of

tourists who visited Kashmir during

1931-32 was 8,604. It rose to 24,659during 1936-37. Realising the benefits

accruing to the people as well as the

state from tourism, the Government of

Kashmir tried to develop it in a planned

manner. Various schemes were

launched to further the beauty of

Srinagar and to develop Pahalgam and

Gulmarg as ideal hill stations.

During the Second World War he paid

significant attention to supply grain,

wheat and rice at controlled price in

state. Basic necessities, such as sugarand fuel, were also rationed. A special

Price Control Department was created

in order to fix the prices and regulate

the distribution of the essential goods.

The Maharaja also created a fund for

the alleviation of distress of the poorest

population.

INFRASTRUCTURE DEVELOPMENTINFRASTRUCTURE DEVELOPMENTINFRASTRUCTURE DEVELOPMENTINFRASTRUCTURE DEVELOPMENT

REFORMREFORMREFORMREFORM

Maharaja Hari Singh initiated modern

communication services of telegraph,

telephone, and wireless to all the

important cities and towns in the state.

He was keen to build road, bridges,

tunnel, hydro power station to facilitate

his citizen with the best available

technological solution and living

standards. Upon his advice Flood

Control Department was also

constituted.

COCOCOCO----OPERATIVE SOCIETIES REFORMOPERATIVE SOCIETIES REFORMOPERATIVE SOCIETIES REFORMOPERATIVE SOCIETIES REFORM

The co-operative movement recorded a

large growth and the number of

cooperative credit societies in the state

increase, to four thousand. Moreover, a

large number of societies for the

expansion of holdings, better living,

education and marketing of agricultural

products were also established across

the state. A significant effort made byintroducing The Right of Prior

Purchase Act which furnish the rights

of rural population in context of

agricultural land sales and purchase.


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EDUCATIONAL REFORMEDUCATIONAL REFORMEDUCATIONAL REFORMEDUCATIONAL REFORM

Maharaja Hari Singh has to be honored

one among the great educationist in

South Asia . He set primary and

secondary education free for all in the

state. Primary education was made alsocompulsory for boys in all the municipal

towns in 1930.

The Scholarship Selection Board was

established and scholarships were

granted to the deserving students for

higher and technical education in India

and abroad. Educational loans schemas

were also introduced.

New schools, colleges and institutes

were established to accommodate

increasing number of students. A

campaign against adult illiteracy was

also launched with considerable

success. Urdu language was made the

medium of instruction in schools but

students had the option of choosing

either the Devnagri or the Persian

scripts.

SOCIAL REFORMSOCIAL REFORMSOCIAL REFORMSOCIAL REFORM

Maharaja Hari Singh, was one among the great humanist of his

age, addressed the issues of social evil

such as torturing and trafficking of

women, child marriage, low cost

untouchables and others among the

people of the state. To prevent female

infanticide, the Maharaja constituted

two committees in 1926 and 1929,

which recommended including

educating the people and severe action

against the guilty of the crime. TheMaharaja accepted both the

recommendations. He also established

the Dhandevi Memorial Fund for the

marriage of girls. He might always be

admirable for prevention of child-

smoking.

Maharaja Hari Singh, alongside taken

the issue of child marriage up and

promulgated an ordinance in which the

marriage of boys and girls under 18

and 14 years respectively was

prohibited, and its breach waspunishable by one year's imprisonment

or fine up to rupees one thousand or

both. The Maharaja was the first ruler

and reformer in Indian sub-continent

who introduced the legislation against

such category of social evils. He took

strong initiative to curb women and

children trafficking and established

legislation against organizing

prostitution business, which were

declared a punishable crime.

Encouraging or assisting in seduction

or prostitution of minor girls was also

declared crime and subject of

punishment.

Maharaja Hari Singh took bold step

against the evil of untouchably

traditions common against the low cost

communities. He opened all public

schools, colleges, and wells to the

untouchables in 1931. The next year,all the state temples were also opened

for them, lastly in 1940 he proclaimed

untouchability a crime. His removal of

legal disabilities on the marriages of

Hindu widows, was regarded a doctrine

in Sub-continent.

HEALTH REFORMHEALTH REFORMHEALTH REFORMHEALTH REFORM

The numbers of hospitals and medical

dispensaries were also increased during

the reign of Maharaja Hari Sing. Motherhealth was a unique initiative and first

ever a maternity block was opened in

Srinagar . The number of hospitals and

medical dispensaries together with

qualified doctors and nurses were

significantly increased. The Maharaja

Hari Singh Hospital, one of the largest


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hospitals in Sub- continent, with 320

beds, was inaugurated in Srinagar in

1945. The State Of Jammu and Kashmir

was distinguished to become the first

one by establishing Tuberculoses

Department in Indian Sub-continent.Maharaja Gulab Singh Hospital had also

been opened at Jammu , earlier in

1943.

Special group of medical professional

were established to handle the epidemic

diseases and plague in various regions

of State. An anti-plague plan was

initiated with large achievements. In

1935, cholera broke out in Kashmir

and 1.5 million injections were carried

out, which the highest number that

done anywhere at one time.

Maharaja Hari Sing was aware that

clean water is highly important in good

health and water is contributing in

spreading most diseases. He made great

efforts to boost the supply of unpolluted

and clean drinking water. A special

branch was created in the PWD, to

resolve this particular concern. A tube-

well was bored in Jammu. Tanks and wells were also constructed. Large

grants were provided for the

improvement of water-supply in

Srinagar and other cities of state. There

were significant expansion in the water-

supply, fire-protection and electric

safety works.

ADMINISTRATIVE REFORMADMINISTRATIVE REFORMADMINISTRATIVE REFORMADMINISTRATIVE REFORM

Maharaja Hari Singh initiated to replace

a totalitarian administration into moresecular and non communal practices.

Srinagar silk factorys worker strike in

1924 was turning point of political and

economic dissatisfaction in

state. Indian National Congress and the

All India Muslim League inflated in

state. Political awareness embarked to

rise on among the people of Jammu and

Kashmir.Maharaja Hari Singh put his

early focus upon the administrative

reforms in state. The lack of local

professionals and trained officers and

administrator became seriouslydisadvantaged against the growth of

various reforms since the time of

Ranbir Singh. This crisis sharpened

more during Pratap Singh's reign when

Urdu and English languages was

declared the court and official

languages respectively. English

language was declared necessary in the

civil services of state that caused a

large number of employments from

outsiders of the State. There was certain

number of schools and colleges offering

western education in the state,

producing good number of locally

educated young students every year,

which was not sufficient to appropriate

employment that gradually under the

dominance of the alien from the Sub-

continent. These generate a mass wave

of local anger against the outsiders. The

crisis was resolved by the government which decided that only inborn state-

subject holders could be employed in

the state civil services. Inborn state-

subject holders were defined as one

who had been either born and residing

in the state before 1846 or settled

therein before 1885.

Muslims of Kashmir were traditionally

educated in Persian and opted western

education not as earlier, which caused

them obstruction and living behind incomparison with other communities to

their representation in the state

services.

Nobility of the Kashmiri Muslim

community moved toward the

government in 1929 with demand of

reserving quota in the state services for


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the Muslims. The government refused

this justified demand of Kashmiri

Muslim that led a wave of antagonism

among the Muslim youth and communal

riots broken out in Srinagar in July

1931. Subsequently, anti-Governmentdisturbance also took place in different

regions of State.

Maharaja Hari Singh took a serious

notice against the agitations and

appointed a Commission to enquire the

grievances of the Kashmiri Muslims and

other communities. The Commission

recommendations concluded for a "fair

and adequate representation in services

to all the communities, grant of freedom

of press and platform, return of the

confiscated religious sites and

establishment of a representative

Assembly".

Maharaja Hari Singh voluntarily

accepted these recommendations by his

proclamation, which declared on July 9,

1931 that "while in the matter of

services prior consideration is and

always shall be given to public interest,

and the obligation of maintaining theefficiency of the administration at the

highest possible level can never be

overlooked, the police of his

government would be to give adequate

representation to all communities in the

services without giving any

preponderance to any community". New

rules of state services were framed

accordingly. He appointed Molvi Abdul

Rahim, one of the leaders of the 1931

agitation, as a judge in 1934.Continuing expansion in the

representation of the Kashmiri Muslims

in the Civil Services became significant

as in April, 1932 there were 3,052

Muslim officials, including 55 gazetted

ranks, out of a total strength of 8,683.

Their number rose to 5070, including

150 gazetted officials, out of 13,790 in

April 1945, giving them about 40%

representation in the total strength of

the State Civil Services.

POLITICAL REFORMPOLITICAL REFORMPOLITICAL REFORMPOLITICAL REFORMAlthough Muslim elite, gradually became

satisfactory with the Administrative

reforms of the Maharaja, but yet it was

showing its discontentment with

political system in state. Since the early

days of 1846 to 1889 the state

government was run by Maharaja's

personal assignees and advisors headed

by a Prime Minister. It was the

Maharajah Pratap Singh who shared his

powers to State Council In 1889, which

an effort to regulate the conduct of the

administration. Each member of State

Council held charge of a number of

departments. With a short break from

1905 to 1922, this arrangement

continued till 1934. Muslim nobility

established All Jammu and Kashmir

Muslim Conference in October 1932

under the leadership of Sheikh

Mohammad Abdullah.Maharaja Hari Singh endorsed the

formation of a Legislative Assembly

called the Jammu and Kashmir Praja

Sabha in 1934. The Praja Sabha which

earlier declared as recommendatory

body was consisted upon 75 members-

12 government officials, 16 state

councilors, and 14 nominated and 33

elected members. The last were named

categorically including with 21 Muslims,

10 Hindus and 2 Sikhs. The Muslim Conference won 14 seats

out of 21 reserved for the Muslim In the

first elections to the Praja Sabha, in

1934 covering 3 to 6 per cent of the

population. In the next election of 1936,

it was able to raise its strength to 19.

This established the claim of the


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Conference to be called the major

political party in the State. In June,

1939, however Sheikh Mohammad

Abdullah dissociated himself from the

Muslim Conference and established a

new party, the National Conference, which succeeded in securing a large

following. It demanded that the Praja

Sabha be given more powers, and that it

be composed entirely of members

elected by adult pollution based on a

joint electorate, with some seats

reserved for the minorities.

Respecting popular demand, the

number of elected seats of the Praja

Sabha was increased from 33 to 40 in

1939. Its powers were also enhanced

and non-official members were more

closely associated with the state

administration to work as under-

secretaries. Praja Sabha was

empowered to make laws for the state

subjects, pass all legislation pertaining

to the taxes as distinguished from fees

and penalties, and to vote on the

demands made by the government for

budgetary allocations with theexceptions of a few non-voted bills. A

noteworthy step towards the

establishment of a popular government

was, however, taken in 1944. On

October 2, that year, Maharaja Hari

Singh sent the following message to the

Praja Sabha:

"I have after careful consideration

decided to call upon the Praia Sabha to

nominate a panel of six (three to be

Muslims) of its members, three from Jammu and three from Kashmir

(including the Frontier District). The

Assembly will determine its own

procedure for nominating the panel,

official members taken no part in the

proceedings. Out of the panel so

nominated I shall appoint two (one of

whom will be a Muslim) as my Ministers.

These Ministers will hold charge of

portfolios to be determined by me. They

will draw the usual salary of Ministers

unless the Praja Sabha desires to vary

it, in which case the Sabha may submitits recommendations to me through the

usual channels. The Ministers so

appointed by me, while if they still

continue to be members of the Sabha,

they will be eligible for re-appointment".

This message was welcomed with great

enthusiasms by all of political groups in

the Assembly and led to the appointment

of Mirza Afzel Beg from National

Conference and Ganga Ram, a Dogra

politician as the Ministers. Changes

were introduced in the constitution of

the municipal committees as well by

establishing same criteria of the voter

eligibility as set it for the Praja Sabha

elections.

FOREIGN POLICYFOREIGN POLICYFOREIGN POLICYFOREIGN POLICY

Maharaja Hari Singh assisted the British

and its allied United Sates and Soviet

Union against the Nazi German during the Second World War with armed

forces and funds. He also personally

visited the Middle East in 1941 to

enhance the spirits of his solders

combating on the war front. In 1944 he

again visited abroad, and met a section

of his troops in Europe.

DILEMMA OF INDIAN POLITICS ANDDILEMMA OF INDIAN POLITICS ANDDILEMMA OF INDIAN POLITICS ANDDILEMMA OF INDIAN POLITICS AND

BRITISH EMPIREBRITISH EMPIREBRITISH EMPIREBRITISH EMPIRE

Indian National Congress under theleadership of Mahatma Gandhi and

Jawahar Lal Nehru was struggling for

free, secular and democratic India,

whereas the Muslim League under

Mohammad Ali Jinah stood for the

partition and creation of Pakistan on

the basis of religion. The state of


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Jammu Kashmir became an unfortunate

subject of this conflicting struggle. The

National Conference of Kashmir

positioned for secularism and

progressively moved toward having a

political alliance with the IndianNational Congress. Jawahar Lal Nehru

visited Kashmir in 1940 that followed

by Mohammad Ali Jinah, who also

visited Kashmir in 1944.

National Conference launched "Quit

Kashmir" movement against Maharaja

Hari Singh in May 1946. The State

Government arrested Sheikh Mohammad

Abdullah. Jawahar Lal Nehru came to

Kashmir in support of the movement.

PARTITION OF INDIA; PRICE OFPARTITION OF INDIA; PRICE OFPARTITION OF INDIA; PRICE OFPARTITION OF INDIA; PRICE OF

COLONIALISMCOLONIALISMCOLONIALISMCOLONIALISM

In 1947 India was divided in two

Dominion states run by Governor

Generals as representative of British

Crown. Jammu and Kashmir had the

option to join either India or Pakistan

or remain independent. Maharajah Hari

Singh was committed to maintain

independence of State of JammuKashmir . Lord Mountbatten, the last

British Viceroy of India, flew to Srinagar

on June 19, 1947 .

Maharaja Hari Singh tried to enter into

a "standstill agreement" with both India

and Pakistan on August 12. Pakistan

agreed to "standstill agreement", but the

state came under an economic blockade

as Pakistan suspended supplies of all

its essential commodities to the state on

September 18, 1947.

PAKISTANPAKISTANPAKISTANPAKISTAN INVASION IN KASHMIRINVASION IN KASHMIRINVASION IN KASHMIRINVASION IN KASHMIR

Pakistan further violated the Standstill

Agreement on October 22, 1947 by

invading its armed tribesman who

entered in Kashmir. A huge number of

tribesmen, equipped with modern

weapons, invaded in Kashmir from the

side of Abbottabad. The situation

compelled the Maharaja to seek the help

of India with joining the Indian Union on

October, 26 with a request of temporary

accession to provide urgent militaryassistances.

The first group of the Indian forces was

flown to Srinagar on 27th October by

then tribal invaders had already

reached Baramulla. On November 7, the

Indian forces fought a successful battle

with the tribesmen. And by the end of

March 1948, the latter were pushed

back from a major portion of the ' state

territory. Finding the tribesmen in a

hopeless condition, Pakistan 's regular

army also entered into Kashmir to help

his tribesmen in May 1948.

Meanwhile, Sheikh Mohammad Abdullah

was released from prison, appointed as

the Prime Minister, and an Interim

Government was set on March 5, 1948.

The battle against the invaders

continued till January 1, 1949, when a

ceasefire was declared at the

intervention of the Security Council of the United Nations. This left

Muzaffarabad, Gilgit, Mirpur and part of

Poonch under the total control of

Pakistan. Maharaja Hari Singh went into

exile as the Kashmir question placed in

the United Nations. Dr. Karan Singh, his

son, took over as President of the State

on June 20, 1949.

Maharaja Hari Singh was great

reformer, a nationalist and patriotic in

spirit, betrayed by both Pakistan andIndia in their respective commitments.

Maharaja Hari Singh breathed his last

at Bombay on April 26, 1961.

50th Anniversary of His Highness

Maharaja Hari Singh invites the people

of state of Jammu Kashmir to review the

history and future of our nation.


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APPENDIXS

JAMMU AND KASHMIRJAMMU AND KASHMIRJAMMU AND KASHMIRJAMMU AND KASHMIR PRAJA SABHA ELECTION RULESPRAJA SABHA ELECTION RULESPRAJA SABHA ELECTION RULESPRAJA SABHA ELECTION RULES

(Extract)

QUALIFICATIONS OF ELECTORATES

I. No person shall be entitled to be registered as an elector on the Electoral Roll

of a general or special constituency who:

1. is not a State-subject to any class as defined in Noti-fication I-L/1984, datedJammu the 18th April 1927 ; or2. has not attained the age of 21 years on the first day of Baisakh of the year in

which the general elections are held; or

3. has been adjudged by a competent court to be of unsound mind; or4. if a female, has not passed the Third Middle Examination or any other

examination mentioned in Rule 11 t7).

II. Every person who is not subject to any of the disqualifications mentioned in

rule 1 shall be entitled to be registered as an elector in the Electoral Roll of a

general or special constituency if he resides or carries on business within that

constituency:

(i) In the case of a general constituency:

1. is a Zaildar, or Safed-Posh, or Lambardar, and is not under suspension, or2. is an Imam of a Mosque or Mufti or Qazi or an Adhishthata of a temple, or a Bhai

or Granthi of a Gurdwara, or an ordained Minister of the Christian Church who

has been acting as such for a period of not less than six months prior to first

Baisakh of the year in which the general elections are held, or

3. is a recognised title-holder, or4. is a retired or pensioned Officer, non-commissioned Officer or soldier or His

Majesty's or His Highness' regular forces provided that he has not been

discharged therefrom with ignominy.

Explanations The term "regular forces" used in clause 4 of the foregoing Rule shall

include the subjects of Jammu and Kashmir State serving as

commissioned officers and Indians of other ranks of the Royal Indian

Army Service Corps and also the commissioned officers and Indian other

ranks of the Animal and Mechanical Transport Sections of the Jammu and

Kashmir Army, or


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1. is a pensioner who receives a pension of not less than Rs. 10 a month from aTreasury in the State, or any other treasury, or

2. is a Doctor or Hakim or Vaid, or Lawyer, or School master actually practicing hisprofession within the State, or

3. has passed the Third Middle Examination, or passed the Budhiman, Rattan, Adib,Munshi, Moulvi, or Prajna examination, or some higher examination, or

4. pays a sum of not less than Rs. 20 per annum under one or more of thefollowing heads:

1. land revenue on account of land owned by him;2. rent on account on land held- by him as a tenant with a right of occupancy;3. grazing fees payable to the Government, or is a Jagirdar, Muafidar or

Guzarakhar holding an assignment of not less than Rs. 20 per annum, or

1. is the owner of immovable property, other than agricultural land, within theState, or of a boat or boats of the value of not less than Rs. 600, or

2. pays income-tax, or has throughout the twelve months preceding the date of thenotification occupied as tenant in the constituency immovable property, not

being land assessed to land revenue, of an annual rental value of not less than

Rs. 60.

Explanations

If any land or immovable property has been in possession of a mortgage for the

whole of the year before the preparation of the Electoral Roll, such mortgagee

and not the real owner shall be deemed to be the owner for the purpose of sub-

rules 8(a) and (10).

Provided that no person shall be qualified as an elector:

1. in a Muslim constituency if he is not a Muslim;2. in a Sikh constituency if he is not a Sikh3.

in a Hindu constituency if he is either a Muslim or a Sikh.(ii) in the case of a special constituency:

1. In case of the Jammu and Kashmir Tazimi Sardars constituencies, is a TazimiSardas.

2. In case of the Jammu and Kashmir Jagirdar, Muafidar or Mukarridarconstituencies, is a Jagirdar, Muafidar or Mukarridar holding a Jagir, Muafi or

Mukarri from the State of not less than Rs. 500 per annum.

3. In case of the Jammu and Kashmir Land-holders constituencies, is a holder ofany land assessed to. land revenue of not less than Rs.250 per annum.

4. In case of the Jammu and Kashmir pensioners Constituency is a pensionerreceiving Rs. 100 or more as pension.

Provided that no person shall be entitled to have his name entered on the roll ofmore than one special constituency of the same class but he can choose the

constituency on whose roll his name may be entered.

Explanations

Where a Jagir, Mukarrari, Muafi or land is held Jointly by members of a joint

family, the family shall be adopted as the unit or deciding whether any

qualification exists and if it exists, the person qualified shall be, in the case of a


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joint Hindu: family, the Manager thereof, and in the case of any other joint family

the member thereof authorised in that behalf by the family.

For the purpose of this rule, a person may be presumed to reside in a

constituency if he owns. a family dwelling-house in the constituency and that

house has not, during the twelve months preceding the date of the notification

been let on rent.III. 1. Where two or more persons are co-sharers in land assessed to land

revenue, or in an assignment of land revenue, or in other immovable property,

or in a tenancy, or in a Jagir, Mukarrari or Muafi every person shall be qualified

as an elector who would be so qualified if his share in such land,. property,

assignment or tenancy were held separately. The share of any such person who

is under 21 years of age shall be deemed to be the share of his father, or if his

father is dead, of his eldest brother, provided that his father or eldest brother,

as the case may be, is a co-sharer with him in the property:

1. of times, the total revenue, assignment of land revenue or rent of tenancy isdivisible by 20 or in the case of immovable property other than agricultural land

as the number of time, the value of such property is divisible by 600;

2. in the case of special constituencies, the number of times the total of theamount of Jagir revenue or assignment of revenue, as the case may be is

divisible by 500 in the case of constituencies of the Jammu and Kashmir

Jagirdars, Muafidars and Mukarraridars or by 250 in the case of constituencies

of Jammu and Kashmir land-holders. The co-sharers shall appoint by name the

persons so entitled to vote as electors.

IV. For the purposes of these rules a person shall be deemed to have owned

property or to have paid fees for any period during which the property was

owned or the fees paid by any person trough whom he derives title by

inheritance.V. No person shall be entitled to vote at any election if on the date on which the

poll is taken he is undergoing a sentence of imprisonment, or if he has been

bound over to be of good behaviour and the period of the bond has not yet

expired, or if he is disqualified for membership of the Praja Sabha.

QUALIFICATIONS OF CANDIDATES

VI. A person shall be eligible for election as member of the Praja Sabha for a

general or special constituency if he is not subject to any of the disqualifications

contained in section 28 of the Act, and

1. can read and write the Urdu language in any script, and is registered as anelector for that constituency, or, in, the case of a general constituency, for any

other constituency in the Province, and in the case of a Muslim or Sikhconstituency, he is himself a Muslim or Sikh, as the case may be, and in the case

of a Hindu constituency, he is not a Muslim or Sikh.

Explanations

For the purposes of this rule a Province shall mean either the Kashmir Province

or the Jammu Province (inclusive of the Jagirs or Poonch and Chenani) as the

case may be


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KASHMIRKASHMIRKASHMIRKASHMIR----PAK STANDSTILL AGREEMENT.PAK STANDSTILL AGREEMENT.PAK STANDSTILL AGREEMENT.PAK STANDSTILL AGREEMENT.

TELEGRAM FROM PRIME MINISTER, KASHMIR STATE ,TELEGRAM FROM PRIME MINISTER, KASHMIR STATE ,TELEGRAM FROM PRIME MINISTER, KASHMIR STATE ,TELEGRAM FROM PRIME MINISTER, KASHMIR STATE ,

TO SARDAR ABDUR RAB NISHTAR,TO SARDAR ABDUR RAB NISHTAR,TO SARDAR ABDUR RAB NISHTAR,TO SARDAR ABDUR RAB NISHTAR,

STATESTATESTATESTATES RELATIONS DEPARTMENT, KARACHIS RELATIONS DEPARTMENT, KARACHIS RELATIONS DEPARTMENT, KARACHIS RELATIONS DEPARTMENT, KARACHI

12TH AUGUST, 194712TH AUGUST, 194712TH AUGUST, 194712TH AUGUST, 1947

Jammu and Kashmir Government would welcome Standstill Agreements with

Pakistan on all matters on which these exist at present moment with outgoing

British Indian Government. It is suggested that existing arrangements should

continue pending settlement of details and formal execution of fresh agreement

TELEGRAM FROM FOREIGN SECRETARY,TELEGRAM FROM FOREIGN SECRETARY,TELEGRAM FROM FOREIGN SECRETARY,TELEGRAM FROM FOREIGN SECRETARY,

GOVERNMENT OF PAKISTAN , KARACHI ,GOVERNMENT OF PAKISTAN , KARACHI ,GOVERNMENT OF PAKISTAN , KARACHI ,GOVERNMENT OF PAKISTAN , KARACHI ,

TO PRIME MINI STER OF JAMMU AND KASHMIRTO PRIME MINI STER OF JAMMU AND KASHMIRTO PRIME MINI STER OF JAMMU AND KASHMIRTO PRIME MINI STER OF JAMMU AND KASHMIR


Your telegram of the 12th. The Government of Pakistan agree to have a

Standstill Agreement of Jammu and Kashmir for the continuance of the existing

arrangements pending settlement of details and formal execution of fresh

agreements.


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TELEGRAM FROM FOREIGN SECRETARY,TELEGRAM FROM FOREIGN SECRETARY,TELEGRAM FROM FOREIGN SECRETARY,TELEGRAM FROM FOREIGN SECRETARY,

GOVEGOVEGOVEGOVERNMENT OF PAKISTAN , KARACHI ,RNMENT OF PAKISTAN , KARACHI ,RNMENT OF PAKISTAN , KARACHI ,RNMENT OF PAKISTAN , KARACHI ,

TO PRIME MINI STER OF JAMMU AND KASHMIRTO PRIME MINI STER OF JAMMU AND KASHMIRTO PRIME MINI STER OF JAMMU AND KASHMIRTO PRIME MINI STER OF JAMMU AND KASHMIR


Your telegram of the 12th. The Government of Pakistan agree to have aStandstill Agreement of Jammu and Kashmir for the continuance of the existing

arrangements pending settlement of details and formal execution of fresh

agreements.

Jammu & Kashmir in the year 1947 was an independent country for all practical

purposes. The Maharaja who ruled the State had signed agreements with both

Pakistan and India to remain neutral and not be part of either country. India

honoured that agreement but Pakistan did not. Pakistani raiders and soldiers

attacked the state in 1947 forcing the Maharaja to flee to India . The Maharaja

asked India to help his people who were being killed and looted by the Pakistaniraiders. He also agreed to make Jammu &; Kashmir part of India . The Indian

ruler at that time was Prime Minister Jawaharlal Nehru. He accepted Jammu &;

Kashmir 's accession to India and agreed to rescue his people from the

Pakistani attackers. Indian troops were flown into the Kashmir Valley and they

managed to drive away most of the Pakistani raiders from the state. But a large

area of the state remained under the control of Pakistani soldiers. These areas

were difficult to reach because they were surrounded by tall mountain ranges.

Also, India wanted to stop the fighting. The fighting ended with Pakistan

retaining control of a large area of the state but India keeping a larger part.

The fighting ended in the beginning of 1949 because India did not want the war

to drag on. India felt that other influential countries like the US and Britain

would ask Pakistan to stop fighting and withdraw its soldiers from a State that

had legally become part of India . India therefore went to the world body called

the United Nations, or UN for short. India said that Pakistan had attacked a

neutral State and that State had now become part of India . Therefore, Pakistan

should withdraw its soldiers from the State. The United Nations agreed with the

Indian demand and asked Pakistan to withdraw its forces from Jammu &

Kashmir. It also told India to ask the people of Jammu & Kashmir whether they

wanted to be part of India or part of Pakistan . This was because some people in

the State wanted to join Pakistan while others wanted to stay with India . The

Prime Minister of India agreed to ask the people what they wanted through a

process known as a referendum or plebiscite. Pakistan did not agree and


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refused to vacate the areas of Jammu & Kashmir it had forcibly grabbed.

Because of this a plebiscite could not be held. Powerful countries like the US and

Britain did not force Pakistan to withdraw its troops from Kashmir . They simply

termed the entire State as a Disputed Territory..

The fighting ended in the beginning of 1949 because India did not want the war

to drag on. India felt that other influential countries like the US and Britain

would ask Pakistan to stop fighting and withdraw its soldiers from a State that

had legally become part of India . India therefore went to the world body called

the United Nations, or UN for short. India said that Pakistan had attacked a

neutral State and that State had now become part of India . Therefore, Pakistan

should withdraw its soldiers from the State. The United Nations agreed with the

Indian demand and asked Pakistan to withdraw its forces from Jammu &

Kashmir. It also told India to ask the people of Jammu & Kashmir whether they

wanted to be part of India or part of Pakistan . This was because some people in

the State wanted to join Pakistan while others wanted to stay with India . The

Prime Minister of India agreed to ask the people what they wanted through a

process known as a referendum or plebiscite. Pakistan did not agree and

refused to vacate the areas of Jammu & Kashmir it had forcibly grabbed.

Because of this a plebiscite could not be held. Powerful countries like the US and

Britain did not force Pakistan to withdraw its troops from Kashmir . They simply

termed the entire State as a Disputed Territory..

Legally, Jammu & Kashmir is an integral and inseparable part of India . The

British had ruled India as one undivided country made up of many provinces and

princely states. When they left, India was partitioned into two separate countries.

The new country, as mentioned earlier, was called Pakistan . The British as well

as the leaders of both India and Pakistan had agreed to one basic principle -

every inch of land must go either to India or to Pakistan . In other words, people

living in India before the partition of 1947, had only two options: they could

either join Pakistan or they could join India . They could not remain

independent.

Jammu & Kashmir was actually an exception. The Maharaja of the State had

wanted time to decide whether he should join Pakistan or join India . But the

rulers of Pakistan did not want to give him the opportunity to decide and instead

attacked his state, killing hundreds of people and causing extensive damage to

property. The Pakistani action forced the Maharaja to join India .


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It was absolutely legal. According to the agreement on which the partition of

India was based, the rulers of princely states, like Jammu & Kashmir, had the

absolute right to decide whether they wanted to join Pakistan or India . There

was never any question of holding a referendum or a plebiscite. All the same, the

then Prime Minister of India, Pundit Jawaharlal Nehru, agreed to hold a

plebiscite because he was a democrat and wanted to find out what the people of

the state of Jammu & Kashmir wanted.

The plebiscite was not held because Pakistan refused to vacate the large parts of

Jammu & Kashmir that had been occupied by its soldiers. The plebiscite was

meant for all the people of the state of Jammu & Kashmir and not just for those

who lived in the Kashmir Valley . But the Pakistanis felt that the parts of the

state they had captured was theirs and would not part with it. Pakistan defied

the agreement reached by the world body called the United Nations and refused

to vacate its troops. The powerful countries of the world did nothing to ensure

that Pakistan honoured the UN Resolutions on Jammu & Kashmir. India could

not therefore hold a plebiscite.

MAHARAJA HARI SINGH'S LETTER TO MOUNTBATTENMAHARAJA HARI SINGH'S LETTER TO MOUNTBATTENMAHARAJA HARI SINGH'S LETTER TO MOUNTBATTENMAHARAJA HARI SINGH'S LETTER TO MOUNTBATTEN

TEXT OF L ETT ER DATED OCTOBER 26, 1947 FROM HARI SINGH, THE MAHARAJATEXT OF L ETT ER DATED OCTOBER 26, 1947 FROM HARI SINGH, THE MAHARAJATEXT OF L ETT ER DATED OCTOBER 26, 1947 FROM HARI SINGH, THE MAHARAJATEXT OF L ETT ER DATED OCTOBER 26, 1947 FROM HARI SINGH, THE MAHARAJA

OFOFOFOF JAMMU & KASHMIR TO LORD MOUNTBATTEN, GOVERNOR GENERAL OF INDIA .JAMMU & KASHMIR TO LORD MOUNTBATTEN, GOVERNOR GENERAL OF INDIA .JAMMU & KASHMIR TO LORD MOUNTBATTEN, GOVERNOR GENERAL OF INDIA .JAMMU & KASHMIR TO LORD MOUNTBATTEN, GOVERNOR GENERAL OF INDIA .

Dated: 26 October 1947

My dear Lord Mountbatten,

I have to inform your Excellency that a grave emergency has arisen in my State

and request immediate assistance of your Government.

As your Excellency is aware the State of Jammu and Kashmir has not acceded to

the Dominion of India or to Pakistan . Geographically my State is contiguous to

both the Dominions. It has jvital economical and cultural llinks with both of

them. Besides my State has a common boundary with the Soviet Republic and

China . In their external relations the Dominions of India and Pakistan cannot

ignore this fact.I wanted to take time to decide to which Dominion I should accede, or whether it

is not in the best interests of both the Dominions and my State to stand

independent, of course with friendly and cordial relations with both.

I accordingly approached the Dominions of India and Pakistan to enter into

Standstill Agreement with my State. The Pakistan Government accepted this

Agreement. The Dominion of India desired further discussions with

representatives of my Government. I could not arrange this in view of the


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developments indicated below. In fact the Pakistan Government is operating Post

and Telegraph system inside the State.

Though we have got a Standstill Agreement with the Pakistan Government that

Government permitted steady and increasing strangulation of supplies like food,

salt and petrol to my State.

Afridis, solidiers in plain clothes, and desperadoes with modern weapons havebeen allowed to infilter into the State at first in Poonch and then in Sialkot and

finally in mass area adjoining Hazara District on the Ramkot side. The result has

been that the limited number of troops at the disposal of the State had to be

dispersed and thus had to face the enemy at the several points simultaneously,

that it has become difficult to stop the wanton destruction of life and property

and looting. The Mahora powerhouse which supplies the electric current to the

whole of Srinagar has been burnt. The numer of women who have been

kidnapped and raped makes my heart bleed. The wild forces thus let loose on the

State are marching on with the aim of capturing Srinagar , the summer Capital

of my Government, as first step to over-running the whole State.

The mass infiltration of tribesmen drawn from distant areas of the North-West

Frontier coming regularly in motor trucks using Mansehra-Muzaffarabad Road

and fully armed with up-to-date weapons cannot possibly be done without the

knowledge of the Provisional Government of the North-West Frontier Province

and the Government of Pakistan. In spite of repeated requests made by my

Government no attempt has been made to check these raiders or stop them from

coming into my State. The Pakistan Radio even put out a story that a

Provinsional Government had been set up in Kashmir. The people of my State

both the Muslims and non-Muslims generally have taken no part at all.

With the conditions obtaining at present in my State and the grreat emergency of

the situation as it exists, I have no option but to ask for help from the IndianDominion. Naturally they cannot send the help asked for by me without my State

acceding to the Dominion of India. I have accordingly decided to do so and I

attach the Instrument of Accession for acceptance by your Government. The

other alternative is to leave my State and my people to free-booters. On this

basis no civilized Government can exist or be maintained. This alternative I will

never allow to happen as long as I am Ruler of the State and I have life to defend

my country.

I am also to inform your Excellency's Government that it is my intention at once

to set up an interim Government and ask Sheikh Abdullah to carry the

responsibilities in this emergency with my Prime Minister.

If my State has to be saved immediate assistance must be available at Srinagar .Mr. Menon is fully aware of the situation and he will explain to you, if further

explanation is needed.

In haste and with kind regards,

The Palace, Jammu Your sincerely,

26th October, 1947 Hari Singh


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Valley road towards Srinagar , the summer capital of the Jammu and

Kashmir State . Intermediate towns and villages were sacked and burnt,

and many people killed. These raiders were stopped by Kashmir State

troops near Uri, a town some fifty miles from Srinagar , for some time,

but the invaders got around them and burnt the power house at Mahora,

which supplied electricity to the whole of Kashmir .

3.The position, on the morning of 26 October, was that these raiders hadbeen held by Kashmir State troops and part of the civil population, who

had been armed, at a town called Baramulla. Beyond Baramulla there was

no major obstruction up to Srinagar . There was immediate danger of

these raiders reaching Srinagar , destroying and massacring large

numbers of people, both Hindu and Muslims. The State troops were

spread out all over the State and most of them were deployed along the

western border of Jammu Province . They had been split up into small

isolated groups and were incapable of offering effective resistance to the

raiders. Most of the State officials had left the threatened area and the

civil administration had ceased to function. All that stood between

Srinagar and the fate which had overtaken the places en routefollowed by

the raiders was the determination of the inhabitants of Srinagar , of all

communities, and practically without arms, to defend themselves. At this

time Srinagar had also a large population of Hindu and Sikh refugees who

had fled there from West Punjab owing to communal disturbances in that

area. There was little doubt that these refugees would be massacred if the

raiders reached Srinagar.

4. Immediately after the raids into the Jammu and Kashmir Statecommenced, approaches were informally made to the Government of India

for the acceptance of the accession of the State to the Indian Dominion.

(It might be explained in parenthesis that Jammu and Kashmir form a

State whose ruler, prior to the transfer of power by the United Kingdom to

the Dominions of India and Pakistan , had been in treaty relations with

the British Crown, which controlled its foreign relations and was

responsible for its defence. The treaty relations ceased with the transfer

of power on 15 August last, and Jammu and Kashmir like other States

acquired the right to accede to either Dominion.)

5. Events moved with great rapidity, and the threat to the Valley of Kashmirbecame grave. On 26 October, the ruler of the State, His Highness

Maharaja Sir Hari Singh, appealed urgently to the Government of India for

military help. He also requested that the Jammu and Kashmir State

should be allowed to accede to the Indian Dominion. An appeal for help

was also simultaneously received by the Government of India from the


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largest popular organisation in Kashmir , the National Conference,

headed by Sheikh Mohammed Abdullah. The Conference further strongly

supported the request for the State's accession to the Indian Dominion.

The Government of India were thus approached not only officially by the

State authorities, but also on behalf of the people of Kashmir , both for

military aid and for the accession of the State to India .

6. The grave threat to the life and property of innocent people in theKashmir Valley and to the security of the State of Jammu and Kashmir

that had developed as a result of the invasion of the Valley demanded

immediate decision by the Government of India on both the requests. It

was imperative on account of the emergency that the responsibility for the

defence of the Jammu and Kashmir State should be taken over by a

government capable of discharging it. But, in order to avoid any possible

suggestion that India had utilised the State's immediate peril for her own

political advantage, the Government of India made it clear that once the

soil of the State had been cleared of the invader and normal conditions

restored, its people would be free to decide their future by the recognised

democratic method of a plebiscite or referendum which, in order to

ensure complete impartiality, might be held under international auspices.

7. The Government of India felt it their duty to respond to the appeal forarmed assistance because :

(1). They could not allow a neighbouring and friendly State to be

compelled by force to determine either its internal affairs or its external

relations;

(2) The accession of the Jammu and Kashmir State to the Dominion of

India made India really responsible for the defence of the State.

8.The intervention of the Government of India resulted in saving Srinagar .The raiders were driven back from Baramulla to Uri and are held there by

Indian troops. Nearly 19,000 raiders face the Dominion forces in this

area. Since operation in the Valley of Kashmir started, pressure by the

raiders against the western and south-western border of the Jammu and

Kashmir State has been intensified. Exact figures are not available. It is

understood, however, that nearly 15,000 raiders are operating against

this part of the State. State troops are besieged in certain areas.Incursions by the raiders into the State territory, involving murder, arson,

loot, and the abduction of women, continue. The booty is collected and

carried over to the tribal areas to serve as an inducement to the further

recruitment of tribesmen to the ranks of the raiders. In addition to those

actively participating in the raid, tribesmen and others, estimated at

100,000, have been collected in different places in the districts of West


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Punjab bordering the Jammu and Kashmir State , and many of them are

receiving military training under Pakistani nationals, including officers of

the Pakistan Army. They are looked after in Pakistan territory, fed,

clothed, armed and otherwise equipped, and transported to the territory

of the Jammu and Kashmir State with the help, direct and indirect, of

Pakistani officials, both military and civil.9.As already stated, the raiders who entered the Kashmir Valley in October

came mainly from the tribal areas to the north-west of Pakistan and, in

order to reach Kashmir , passed through Pakistan territory. The raids

along the south-west border of the State, which had preceded the invasion

of the valley proper, had actually been conducted from Pakistan territory,

and Pakistan nationals had taken part in them. This process of

transmission across Pakistan territory and utilisation of that territory as

a base of operations against the Jammu and Kashmir State continues.

Recently, military operations against the western and south-western

borders of the State have been intensified, and the attackers consist of

nationals of Pakistan as well as tribesmen. These invaders are armed with

modern weapons, including mortars and medium machine-guns, wear the

battle dress of regular soldiers and, in recent engagements, have fought

in regular battle formation and are using the tactics of modern warfare.

Man-pack wireless sets are in regular use and even mark V mines have

been employed. For their transport the invaders have all along used

motor vehicles. They are undoubtedly being trained and to some extent

led by regular officers of the Pakistan Army. Their rations and other

supplies are obtained from Pakistan territory.

10.

These facts point indisputably to the conclusiona. That the invaders are allowed transit across Pakistan territory;b. That they are allowed to use Pakistan territory as a base of operations;c. That they include Pakistan nationals;d. That they draw much of their military equipment, transportation, and

supplies (including petrol) from Pakistan ; and

e. That Pakistan officers are training, guiding, and otherwise activelyhelping them.

"There is no source other than Pakistan from which they could obtain such

quantities of modern military equipment, training or guidance. More than once,

the Government of India had asked the Pakistan Government to deny to the

invaders facilities which constitute an act of aggression and hostility againstIndia , but without any response. The last occasion on which this request was

made was on 22 December, when the Prime Minister of India handed over

personally to the Prime Minister of Pakistan a letter in which the various forms

of aid given by Pakistan to the invaders were briefly recounted and the

Government of Pakistan were asked to put an end to such aid promptly; no reply

to this letter has yet been received in spite of a telegraphic reminder sent on

26December.


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11. It should be clear from the foregoing recital that the Governmentof Pakistan are unwilling to stop the assistance in materialand men

which the invaders are receiving from Pakistan territory and from

Pakistan nationals, including Pakistan Government personnel, bothmilitary and civil. This attitude is not only un-neutral, but constitutes

active aggression against India , of which the State of Jammu and

Kashmir forms a part.

12. The Government of India have exerted persuasion and exercisedpatience to bring about a change in the attitude of Pakistan . But they

have failed, and are in consequence confronted with a situation in which

their defence of the Jammu and Kashmir State is hampered and their

measures to drive the invaders from the territory of the State are greatly

impeded by the support which the raiders derive from Pakistan . The

invaders are still on the soil of Jammu and Kashmir and the inhabitants

of the State are exposed to all the atrocities of which a barbarous foe is

capable. The presence, in large number of invaders in those portions of

Pakistan territory which adjoin parts of Indian territory other than the

Jammu and Kashmir State is a menace to the rest of India . Indefinite

continuance of the present operations prolongs the agony of the people of

Jammu and Kashmir, is a drain on India's resources and a constant

threat to the maintenance of peace between India and Pakistan The

Government of India have no option, therefore, but to take more effective

military action in order to rid the Jammu and Kashmir State of the

invader.

13. In order that the objective of expelling the invader fromIndian territory and preventing him fromlaunching fresh attacks should

be quickly achieved, Indian troops would have to enter Pakistan territory;

only thus could the invader be denied the use of bases and cut off

fromhis sources of supplies and reinforcements in Pakistan . Since the

aid which the invaders are receiving from Pakistan is an act of aggression

against India , the Government of India are entitled, under international

law, to send their armed forces across Pakistan territory for dealing

effectively with the invaders. However, as such action might involve armed

conflict with Pakistan , the Government of India, ever anxious to proceed

according to the principles and aims of the Charter ofthe United Nations,desire to report the situation to the Security Council under Article-35 of

the Charter. They feel justified in requesting the Security Council to ask

the Government of Pakistan :

(1) To prevent Pakistan Government personnel, military and civil,

from participating or assisting in the invasion of the Jammu and Kashmir State ;

(2) To call upon other Pakistani nationals to desist from taking any part in the

fighting


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in the Jammu and Kashmir State ;

(3) To deny to the invaders : (a) access to any use of its territory for operations

against Kashmir, (b) military and other supplies, (c) all other kinds of aid that

might tend to prolong the present struggle.

14. The Government of India would stress the special urgency of theSecurity Council taking immediate action on their request. They desire toadd that military operations in the invaded areas have, in the past few

days, been developing so rapidly that they must, in self-defence, reserve

to themselves the freedom to take, at any time when it may become

necessary, such military action as they may consider the situation

requires.

15. The Government of India deeply regret that a serious crisis shouldhave been reached in their relations with Pakistan. Not only is Pakistan a

neighbour but, in spite of the recent separation, India and Pakistan have

many ties and many common interests. India desires nothing more

earnestly than to live with her neighbour-State on terms of close and

lasting friendship. Peace is to the interest of both States; indeed to the

interests of the world. The Government of India's approach to the Security

Council is inspired by the sincere hope that, through the prompt action of

the Council, peace may be preserved.

16. The text of this reference to the Security Council is beingtelegraphed to the Government of Pakistan."

U.N. Resolution August 13, 1948U.N. Resolution August 13, 1948U.N. Resolution August 13, 1948U.N. Resolution August 13, 1948

This is the most significant resolution passed by the UN on the state of

Jammu & Kashmir. It clearly states that Pakistan was to vacate its

troops from the whole of the state. It also mentions, albeit indirectly,

that Pakistan had consistently lied on the question of whether or not its

troops were involved in the fighting in Jammu & Kashmir. Once the then

Pakistani Prime Minister conceded that Pakistani troops were indeed

involved, the UN had no option but to ask for their withdrawal. That thewithdrawal never took place, is another story.

The United Nations Commission for India and Pakistan.


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Having given careful consideration to the points of view expressed by

the representatives of India and Pakistan regarding the situation in the

State of Jammu and Kashmir; and

Being of the opinion that the prompt cessation of hostilities and the

correction of conditions the continuance of which is likely to endangerinternational peace and security are essential to implementation of its

endeavors to assist the Governments of India and Pakistan in effecting

a final settlement of the situation;

Resolves to submit simultaneously to the Governments of India and

Pakistan the following proposal:

PART I: CEASEPART I: CEASEPART I: CEASEPART I: CEASE----FIRE ORDERFIRE ORDERFIRE ORDERFIRE ORDER

A. The Governments of India and Pakistan agree that their respective

High Commands will issue separately and simultaneously a cease-fire

order to apply to all forces under their control and in the State of

Jammu and Kashmir as of the earliest practicable date or dates to be

mutually agreed upon within four days after these proposals have been

accepted by both Governments.

B.The High Commands of the Indian and Pakistani forces agree to

refrain from taking any measures that might augment the military

potential of the forces under their control in the State of Jammu and

Kashmir. ( For the purpose of these proposals forces under their

control shall be considered to include all forces, organized andunorganized, fighting or participating in hostilities on their respective

sides.

C.The Commanders-in-Chief of the forces of India and Pakistan shallpromptly confer regarding any necessary local changes in present

dispositions which may facilitate the cease-fire.

D. In its discretion and as the Commission may find practicable, the

Commission will appoint military observers who, under the authority of

the Commission and with the co-operation of both Commands, willsupervise the observance of the cease-fire order.

E. The Government of India and the Government of Pakistan agree to

appeal to their respective peoples to assist in creating and maintaining

an atmosphere favourable to the promotion of further negotiations.

PARTPARTPARTPART II:II:II:II: TRUCETRUCETRUCETRUCE AGREEMENTAGREEMENTAGREEMENTAGREEMENT


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Simultaneously with the acceptance of the proposal for the immediate

cessation of hostilities as outlined in Part I, both the Governments

accept the following principles as a basis for the formulation of a truce

agreement, the details of which shall be worked out in discussion

between their representatives and the Commission.

A.

1. As the presence of troops of Pakistan in the territory of the State of

Jammu and Kashmir constitutes a material change in the situation

since it was represented by the Government of Pakistan before the

Security Council, the Government of Pakistan agrees to withdraw itstroops from that State.

2. The Government of Pakistan will use its best endeavour to secure the

withdrawal from the State of Jammu and Kashmir of tribesmen and

Pakistani nationals not normally resident therein who have entered theState for the purpose of fighting.

3. Pending a final solution, the territory evacuated by the Pakistani

troops will be administered by the local authorities under the

surveillance of the commission.

B.

1.When the commission shall have notified the Government of India thatthe tribesmen and Pakistani nationals referred to in Part II, A, 2, hereof

have withdrawn, thereby terminating the situation which was

represented by the Government of India to the Security Council as

having occasioned the presence of Indian forces in the State of Jammu

and Kashmir, and further, that the Pakistani forces are being

withdrawn from the State of Jammu and Kashmir, the Government of

India agrees to begin to withdraw the bulk of its forces from that State

in stages to be agreed upon with the Commission.

2. Pending the acceptance of the conditions for a final settlement of thesituation in the State of Jammu and Kashmir, the Indian Government

will maintain within the lines existing at the moment of the cease-fire

the minimum strength of its forces which in agreement with the

commission are considered necessary to assist local authorities in the

observance of law and order. The Commission will have observers

stationed where it deems necessary.


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3. The Government of India will undertake to ensure that the

Government of the State of Jammu and Kashmir will take all measures

within its powers to make it publicly known that peace, law and order

will be safeguarded and that all human political rights will be granted.

4. Upon signature, the full text of the truce agreement or acommunique containing the principles thereof as agreed upon between

the two Governments and the Commission will be made public.

PART III

The Government of India and the Government of Pakistan reaffirm their

wish that the future status of the State of Jammu and Kashmir shall be

determined in accordance with the will of the people and to that end,

upon acceptance of the truce agreement, both Governments agree to

enter into consultations with the Commission to determine fair andequitable conditions whereby such free expression will be assured.

Source: United Nations


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PERSONAL PROFILEPERSONAL PROFILEPERSONAL PROFILEPERSONAL PROFILE

Ashique HamdaniAshique HamdaniAshique HamdaniAshique Hamdani SyedSyedSyedSyed

Managing DirectorManaging DirectorManaging DirectorManaging Director/ United Kashmir Publications/ United Kashmir Publications/ United Kashmir Publications/ United Kashmir Publications

Managing DirectorManaging DirectorManaging DirectorManaging Director//// Petrometal Trading FZCPetrometal Trading FZCPetrometal Trading FZCPetrometal Trading FZC

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BUSINESS DEVELOPMENT CONSULTANTBUSINESS DEVELOPMENT CONSULTANTBUSINESS DEVELOPMENT CONSULTANTBUSINESS DEVELOPMENT CONSULTANT

CIS, Eurasia Central & East Europe Baltic StatesCIS, Eurasia Central & East Europe Baltic StatesCIS, Eurasia Central & East Europe Baltic StatesCIS, Eurasia Central & East Europe Baltic States

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EMAIL;EMAIL;EMAIL;EMAIL; [email protected]@[email protected]@gmail.com

SKYPE: ashique_hamdaniSKYPE: ashique_hamdaniSKYPE: ashique_hamdaniSKYPE: ashique_hamdani

YAHOO: chandkotYAHOO: chandkotYAHOO: chandkotYAHOO: chandkotHOTMAIL: balahattianHOTMAIL: balahattianHOTMAIL: balahattianHOTMAIL: balahattian

Profession;Profession;Profession;Profession;

Consultancies/ Documentation in Business with Baltics, Central & EastEurope, Central Asia, Investment, trade, technology transfer, media/ NGO

grant project, international event management

Managing Director Petrometal Trading FZC UAE (currently)

Education/ TrainingsEducation/ TrainingsEducation/ TrainingsEducation/ Trainings

Graduation from Punjab University 1981 Diploma in International Relations Inst (Moscow 1991) Moscow, Russian language course (Moscow 1992), Geneva Convention on Refugees UNHCR(Vilnius-1996) Post Soviet Baltic

States peace & security Vilnius by Copenhagen School (Vilnius -1999)

NGO project management Vilnius ( 1998-2000)PoliticPoliticPoliticPolitical Activismal Activismal Activismal Activism

Peoples Students Federation 1975-80, Political Prisoner Campaign for saving Life of Zulifkar Ali Bhutto 1978-79 Membership with underground Communist party of Pakistan 1981 Movement for establishing Azad Kashmir University 1979-80
mailto:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]


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Information Secretary and member CC Pakistan Peoples party POKchapter 1984-85

Movement for Restoration of Democracy 1981-83, against the militarydictatorship in Pakistan and POK

Afghan Revolution Solidarity Committee 1985 Founder and information Secretary Jammu Kashmir peoples nationalparty 1985-88 Political prisoner with Hunger striker 0f Baluchistan WAPDA Workers

Union in Rawalpindi Jail 1989

Pakistan trade Union, Pakistan railway Union, other wings of communistparty of Pakistan 1981-92

Member central Committee Communist of Pakistan 1988 Secretary Soviet Committee of Communist of Pakistan (Moscow) 1991

Country VisitedCountry VisitedCountry VisitedCountry Visited

Soviet Union, Poland, Russia, Belarus, Uzbekistan, Turkmenistan, Latvia,Lithuania, Estonia, Afghanistan, UAE, Kazakhstan, Malaysia, Singapore, Maldives

Languages;Languages;Languages;Languages;

Urdu, Kashmiri ( Pahari) Punjabi, English, Russian, Persian and Lithuanian

ActivismActivismActivismActivism

Pakistan Soviet Union Friendship Society 1981-91 Islamabad Peace Council 1981-91 Islamabad Fund for Refugees and Asylum Seekers (FRAS) Founder /General Secretary,

together with ex member parliament and chairman refugees' council of

Lithuania (1996)

Project writer of EU- community program for gypsies in Lithuania 1999-2001 Kashmir Institute of International Relations Founder General Sectary 2003-

2005

Kashmir Project Logistic Coordinator; Center for faith based Diplomacy USAand KIIR 2004

Founder Kashmir Earthquake Recherch Center 2005 Islamabad Kashmir project; Institute of Multi Track Diplomacy Washington DC/KIIR

European Culture Trade and Investment Institute Founder & ExecutiveDirector 2006

Coordinator and organizer; Pakistan Poland Partnership for Trade andInvestment Conferences, Islamabad, Lahore, Peshawar 2006

Coordinator and organizer; Pakistan Kazakhstan and & Investment Seminar;Karachi, Rawalpindi, Gujranwala, Lahore, Faisalabad

Founder/Chairman ECO Federation of Educational Cultural and Tradeorganization 2007


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Eurasia Media Forum Kazakhstan 2007 Coordinator and organizer; The First Diplomatic Discourse with Government

of Baluchistan, Parliament House Islamabad 2009

BooksBooksBooksBooks & Publications

& Publications& Publications& Publications

Kazakhstan Investment Guide Kazakhstan energy Resources Kazakhstan Catalogue of Investment Project

Numbers of articles on Marxism, international relations, Soviet Union, Cold war,

Afghanistan, Kashmir, India, Pakistan, Kashmir earthquake, militarism in

Pakistan, democratic struggle of Pakistan, communist movements

MediaMediaMediaMedia

Weekly Anjam 1981 Muzaffarabad/ Rawalpindi (Deputy Editor)

Daily Pukkar Islamabad 1985-86 (Magazine Editor and Political Commentator;

Afghan war, Soviet Union, Pakistan, South Asia)

Monthly Riasat 1988 Islamabad Editor

Surkh Parcham 1990-91 (Official journal of Communist party of Pakistan)

Daily Respublika Lithuania newspaper Vilnius 1999

Area of Interests:Area of Interests:Area of Interests:Area of Interests:

Possess interests in international, regional politics, interfaith dialogue,

liberation theology, Post Soviet Studies, Kashmir, South Asia India Pakistan,Afghanistan strategic studies, technology, globalization, trade, investment and

regional contexts, European issues, WTO, and North/South economic issue,

political critiques

Contacts & ReferencesContacts & ReferencesContacts & ReferencesContacts & References

Wide in politics, diplomatic, media, business and NGO areas (POK, Europe,

Russia, Baltic, states, Central Asia and Pakistan, Malaysia, Singapore, Qatar and

UAE)

Documents

His Highness Maharaja Hari Singh