Dear Editor,
Jammu and Kashmir became the part of Bharat on 26th October 1947 through instrument of accession signed between Maharaja Hari Singh and government of India. J and K as a state emerged in 1846 through treaty of Amritsar when Gulab Singh became the sovereign and independent ruler of J and K. Since then
J and K was a independent sovereign state by all legal norms. At the time of independence of India J and K had a very difficult position because major supplies to the state were from the territories controlled by Pakistan.
Keeping in view these situations Maharaja Hari Singh sent two telegrams one to Indian dominion and other to Pakistan dominion to continue already existing arrangement for time being. The government of Pakistan accepted it but government of India requested maharaja himself or send any other person to New Delhi to discuss the details. it means that standstill agreement was accepted by Pakistan and not by India. Maharaja wanted to go to Delhi to discuss the details but Pakistan from time to time kept maharaja busy by creating troubles on borders. Up to 20th October 1947 Mohammad Ali Jinnah send his ambassador thrice to Maharaja with a letter that as J and K is a Muslim majority state Maharaja being a sovereign should go with Pakistan. When Pakistan realised that maharaja is more inclined towards India Pakistan launched attack on J and K with the help of paid tribals. Thus Pakistan itself violated its standstill agreement with Maharaja Hari Singh.
On 26th October 1947 maharaja independently singed instrument of accession with Bharat. On 27th October 1947 when J and K had already become part of India, Indian forces landed in J and K and repelled Pakistani attack.
There are many scholars who point out that maharaja wanted to be independent because he did not signed instrument of accession on 15th august 1947. But this is wrong it was Pakistan which made all efforts to stop maharaja from signing instrument of accession with India .there is another argument given that maharaja was not competent to sign instrument of accession but this is also wrong legally. Maharaj Hari singh being a heir of maharaja Ghulab Singh dynasty was legally sovereign and independent under treaty of Amritsar .moreover the letters of Mohammad Ali Jinnah through his representatives also addressed maharaja as sovereign so maharaja was fully competent to sign instrument of accession with Bharat. This instrument of accession was further strengthened by Section 3, 5 and 147 of J and K constitution drafted and approved by J and K constituent assembly which clearly states that accession of J and K with Bharat is full and final and cannot be revoked by any amendment. So the accession of J and K with Bharat is legally and constitutionally correct and it cannot be challenged by any biased and vested interests working on the agenda of anti national forces.
Ronik Sharma (Advocate)
Jammu
