Islamabad: (Parliament Times) President of Jammu and Kashmir Council for Human Rights (JKCHR) Dr. Syed Nazir Gilani has said that India has surrendered the accession for a UN supervised vote and the UN brokered cease fire has reversed the ‘Grave emergency’ pleaded in October 1947 for sending the Indian army.
“At this point there is no accession and Indian army is an occupation army”, Dr. Gilani said this while interacting with leaders of All Parties Hurriyat Conference Pakistan chapter here on Tuesday.
Speaking on the occasion he said that on 27 October 1947 Kashmir was a bilateral issue between Government of India and Government of Jammu and Kashmir. “Four days later i.e. on 31 October 1947, the Kashmir issue became a trilateral issue when Prime Minister of India addressed a telegram to Prime Minister of Pakistan on the subject of accession and about the sending of Indian army to assist Maharaja”, Gilani said.
Referring to Para 7 of the telegram he quoted “Our assurance that we shall withdraw our troops from Kashmir as soon as peace and order are restored and leave the decision regarding the future of this State to the people of the State is not merely a pledge to your Government but also to the people of Kashmir and to the world.”
The JKCHR Chairman currently visiting Pakistan said that Kashmir became an international issue when India petitioned the UN Security Council on 1st January 1948 and India surrendered the provisional accession of 27 October 1947, on 15 January 1948 for a UN supervised vote.
“India surrendered the accession at the 227th meeting of the UN Security Council on 15 January 1948 and stated, “We desire only to see peace restored in Kashmir and to ensure that the people of Kashmir are left free to decide in an orderly and peaceful manner the future of their State. We have no further interest, and we have agreed that a plebiscite in Kashmir might take place under international auspices after peace and order have been established. Everything that we have done has been in discharge of our legal, constitutional, and moral responsibilities and obligations.”, Dr. Gilani said adding that Indian army is an occupation army at this point.
“The “Grave Emergency” pleaded by Maharaja in his letter to Governor General of India on 26 October 1947 and the “Grave Situation” pleaded by Nehru in his telegram of 31 October 1947 addressed to the PM of Pakistan, has been reversed by the cease-fire brokered by UN between various elements, including India and Pakistan on 01 January 1949”, he maintained.
JKCHR President said that Indian Government has justified the landing of its troops in Srinagar, on the basis that there “exists a grave emergency” in Jammu and Kashmir. Today we do not have the Jammu and Kashmir that India wanted to defend on 27 October 1947. Jammu and Kashmir was recognised sovereign only for the purposes of arranging a plebiscite in collaboration and under the supervision of UN. Jammu and Kashmir was required to set up a provisional government under the supervision of United Nations and it had to be fully representative, including a representation from Azad Kashmir and Gilgit and Baltistan. A UN envisaged Government at Srinagar, had to reflect the presence of Muzaffarabad, Gilgit and the trust of Government of Pakistan as a party to the dispute.
