UN and Western capitals have said little or nothing despite receiving daily dispatches of violations of human rights from their missions in New Delhi. It indicates bankruptcy of human conscience. Claims of universal values have succumbed to the economic interests. One is forced to conclude that since the victims of state terrorism and genocide are Muslims, women and children, therefore, inhuman and barbarian acts of the Indian army regrettably are likely to go unnoticed and unpunished lest sales of sophisticated weapons and supersonic planes worth billions of dollar to Narendra Modi and his mercenaries are jeopardized. False hopes should not therefore be built for mediation or implementation of UNSC resolutions. Power is to be matched with power.
India has been in illegal occupation of Jammu & Kashmir for the last 73 years. The so-called accession of Jammu &Kashmir in 1947 and now its annexation by the repeal of two provisions of the Indian constitution are an absolute fraud with the people of Kashmir. The alleged instrument of accession seen in the context of events cannot stand the test of truth. Indian leadership and intellectuals have been endeavouring to cover up this fraud committed on 26 October 1947. Pakistan's stance has always been that the accession was a fraud. India went to the UN to perpetuate status quo after its invasion of Jammu & Kashmir. Nehru's statements over Kashmir are nothing but deceit.
Nehru, Patel and Gandhi, in connivance with Mountbatten decided to occupy Kashmir by all and any means. Events speak for themselves. MC Mahajan, a judge of Lahore High Court, met with Maharani Kashmir at Faletti's Hotel, Lahore on 5 May 1947. She offered him premiership of Kashmir. Mahajan was a member of the Punjab Boundary Commission, an Arya Samaj worker and had links with RSS. He claimed to have persuaded Redcliff in giving India access to the Kashmir Valley by allocating a part of Gurdaspur District to India.
Gandhi met with the Maharaja in Srinagar in August 1947. Maharaja's forces then started a genocide. Kashmiris stood up in revolt. Mahajan met with Sardar Patel on 19 September 1947. On 10 October, he received an urgent call from Patel and was advised to proceed to Kashmir immediately. He assumed his office on 15 October 1947 replacing Ramchandra Kak who was pro Pakistan. Sheikh Abdullah was released from jail on the promise of supporting India. He was offered to Head Emergency Government in Kashmir. It finds mention in the Maharaja's fake letter. Sheikh went to Delhi and stayed with Nehru. Hari Singh had a Stand Still Agreement with Pakistan. India had refused it as it would have impeded invasion of Kashmir. On 18 October 1947, RSS Chief, Guru Golwaker, visited Srinagar and 'impressed' upon the Maharaja to accede to India. India set condition of accession for help, which was not forthcoming despite many tricks having been employed. The Maharaja had seen India's conduct in Junagadh and other states was unwilling to agree with Indian demands. On 25 October, Menon flew to Srinagar and met with Mahajan. They left for Delhi in the early hours of 26 October. On reaching Delhi, Mahajan met with Nehru and pleaded for help. Nehru did not agree without an instrument of accession even when Mahajan threatened to go to Jinnah. Sheikh passed on a written message to Nehru. He agreed. The above statement of Mahajan demolishes Indian claim of accession. Had Menon carried the signed instrument why would Mahajan threaten to go to Jinnah and negotiate? The Maharaja had fled to Jammu in the morning of 26 October. Menon claimed in his book that he went after the Maharaja up to Jammu in the afternoon of 26 October. This was falsified by the account of Mahajan. It is clear that no instrument of accession was signed on 26 October. Mountbatten still left with some sense of fairness, however, insisted on accession before any military intervention could be made in Kashmir. To cover up the situation, a fake letter from the Maharaja and an instrument of accession was prepared. But Mountbatten conditionally agreed and left the question to plebiscite as India might need this in some other places like Hyderabad and Jungadh. It was also clear from Indian Independence Act that true course was to ascertain the wishes of the people like it was done in the then NWFP and Sylhet through a referendum. India invaded Kashmir under the pretext of a bogus accession. Plans were ready on 25 October for landing Indian troops in Kashmir by air. Alastair Lamb's impeccable account of events cannot be rebutted by India. Independent observers like Joseph Karbil (Danger in Kashmir) also seriously doubted these documents. The letter of the Maharaja and reply of Mountbatten read together establishes the fraud.
Jinnah was furious over these developments. He invited Mountbatten and Nehru for talks in Lahore on 1 November 1947. Mountbatten visited Lahore but Nehru became 'ill'. He could not face Jinnah. Nehru agreed to take the matter to the UN after he had rejected it earlier. Liaquat Ali Khan, in his telegram addressed to Nehru said "the fraudulent procurement of the accession of Jammu & Kashmir State [is an act of] hostility against Pakistan". India consolidated in Kashmir in the months of November and December 1947. She went to the United Nations after stationing sufficient troops in Kashmir. On 1 January 1948, the UN Security Council was called upon to intervene in the Kashmir conflict. Since that day, India has been making false promises to the world. Sheikh Abdullah knew about this whole fraud and tried to obtain an advantage. Nehru put Sheikh in Jail for 11 years.
After having agreed before UNSC that Kashmir was a disputed territory and the question of accession was to be determined after a plebiscite, India could not enact Article 370. Article 35A was added in 1954 to assuage Kashmiris in the light of Sheikh-Nehru Agreement. Inclusion of these two provisions to the Indian constitution was a clear violation of the UN resolutions. Their repeal and annexation of Jammu & Kashmir to India is an act of aggression against the people of Kashmir and the UN Charter.
(The writer is an advocate of Supreme Court and former Additional Attorney-General for Pakistan)