The Bold Voice of J&K

Events, Accession and Article 370 in J and K

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Dr. PP Singh

After the India got independence on 15th of August 1947 India was under two sets of Govt. one is British India and princely India. British India was directly under the control of Britishers and the states governed by Maharajas and Rajas i.e .Princely states of India if we look back reviewing the constitutional development of India the 1857 mutiny was daring threat to British Govt which lead to transfer of East India Company to British Crown. This was done with a concept to give better Govt. to India (British India and India princely states). Now British crown sensed and hatched a conspiracy that if British has to stay in India i) that Indian shall have to be divided on the basis of religion, traditions and local faiths,  ii) The Indian princes have to be kept away from the general public, iii) Indian princes shall have to be assured of their personal socio / economic security so that British can  keep a check on growth, anti British mass movements in the times ahead. But the people of British India and princely states continued their pressure on British and did not cool down. Hindu Muslim unity badly shaken the British rulers in India during 1857 mutiny when Hindus – Muslims jointly revolted against East India Company, when Britishers felt unstable and uncertain in India, they hatched a conspiracy by instigating a section of Muslim to form a Muslim league and thus its formation was a success for Britishers in India and finally Indian independence Act 1947 of British Parliament gave approval on 3rd June 1947 and Lord Mountbatten was appointed as British India Governor General to carry out the partition of India / British retreat Indian people accepted the partition of India on the basis of two nation theory and Pakistan was born as new state / country / dominion and the princes of Indian states favoured going with independent Indian dominion. Under the privy percy policy princely states of India acceded to Indian dominion except the state of J and K. The exercise of accession of princely states was not the people about the Maharajs and Rajas of states who had to decide about accession with either dominion and finally Maharaja of J and K acceded with India on 26th of Oct 1947. Unconditionally surrounding the sovereign authority for all the matters. After the partition what made the Maharaja Hari Singh  of J and K State to sign the Instrument of Accession with India. In Pakistan a deep conspiracy was hatched to revolt against non muslim living in that separated part called Pakistan. The mass infiltration of tribesmen drawn from distant areas of North West Frontier Province (NWFP) especially Wazirstan coming regularly in motor trucks using Mansehra – Muzaffarabad Road and fully armed with upto date weapons entered POJK started creating instability in Rawalakote. Tehsil Plundari, Poonch Havali, Tehsil Bagh and Tehsil Muzzarabad, Tehsil Bimber and Tehsil Kotli. These tribesmen started looting, killing and occupying the properties of non muslims living in these areas. This was not possible without the consent of Govt of NWPF and Govt of Pakistan. Hundred and thousands of people were killed, women modesty were outraged, houses were set on fire, young ladies / women were taken away and many of them were converted into Islam and  got them married. People became homeless and later on rehabilitated in refugees camps at several places in the sate. But Maharajas frequent request to Govt of India to stop raiders entering the state of J and K did not yield any result. Maharaja Hari Singh though had his own army called (State Forces) but the number was very less as compared to tribesmen and state forces fought very bravely but being small in number could not take raiders to check their constant invasion. Due to the enmass exodus of non Muslim from POJK the area fell vacant and occupied by local Muslim population and Govt of Pakistan made a radio broadcast that provisional Govt has been installed in Kashmir. Govt of India intention was clear until unless Maharaja Hari Singh make declaration to sign Instrument of Accession with Indian dominion. The central forces will not land at Srinagar. The entire stretch of J and K especially entire Kashmir, Poonch and Rajouri was under the seize of raiders and tribesmen were being helped by Pakistan regulars. The maharaja was left with no option except to opt for accession and he (Maharaja Hari Singh) ultimately decided to sign and Instrument of Accession and according Govt. of India accepted it & immediately sent its forces to kill or push the raiden back to POJK. Events 26th October 1947 Maharaja Hari Singh signed Instrument of Accession with India. On 27th October 1947 Indian govt. accepted the Majaraja’s request to accession on 30th October 1947. Maharaja Hari Singh appointed Sheikh Mohd. Abdullah as head of the emergency govt. On 8th November 1947 India – Pakistan Joint Defence Council meeting failed on 11th November 1947 jawahar Lal Nehru reached Srinagar on 28th of November 1947 Pt. J.L Nehru and Liaquat Ali Khan talked on J and K issue. On 1st January 1948 Pt. Nehru stated to the press that India might sent troops to Pakistan unless Pakistan ceased to aid Muslim raiders. Raiders were killed in large number and few were pushed back to POJK. On 6th January 1948 Indian complaint against Pakistan in Security Council. On 5th of February 1948 Sheikh Mohd. Abdullah spoke in Security Council about state accession to India. On 6th of May 1948 India rejected the council plan. On 13th July 1948, Kashmir comm. Of UN proposed. Cease-fire between India and Pakistan started. On 17th October 1949 Article 370 giving special status of J and K was adopted on may 1st 1951.Maharaja issued a proclamation for the formation of State Constituent Assembly. On 20 November 1951 interim constituent of J and K came into force. On 21st August 1952 the constituent assembly of J and K unanimously adopted a resulation abolishing the monarchy. On 23rd of June 1953 sudden death of president of Akhit Bhartiya Jan Sangh Sh. Shama Prasad Mukherjee in detention in Srinagar and on 9 august, 1953 Sheikh Mohd. Abdullah was removed from office and arrested. The above events co-related with the instrument of accession by the then ruler of the sate because Govt of India act, 1935 as so adopted by governor general provides that an Indian state may accede to the dominion of India by an instrument of accession executed by the rulers there of. The understanding between Sheikh Mohd. Abdullah and Pt. JL Nehru ultimately made very unpleasant situation for Maharaja Hari Singh of J and K, the local constitutional head J and K affairs were exclusively handled by Pt. JL Nehru Maharaja Hari Singh was not consulted while drafting complaint against Pakistan with NSC on 1st January 1948. Hari Singh reposted this matter to Sardar Vallab Bhai Patel, the then Dy. Prime Minister of India. With the signing of instrument of accession by his Excellency Maharaja Hari Singh the then ruler of J and K State he was made nearly irrelevant by Delhi and Sheikh Mohd. Abdullah was made the head of the state:
(To be continued )

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