Tribal invasion and its implications
Presentation of Dr Shabir Choudhry on Black
Day conference organised by Kashmir National Party in Watford, England.
Mr Chairman, friends and colleagues aslamo
alaykam
Introduction
Tribal invasion was
a major event in the modern history of Jammu and Kashmir. This tragic event
changed the course of our history.
·
It changed
our destination.
·
It changed
secular ethos of Kashmir.
·
It
undermined our sovereignty.
·
It
deprived us of our independence.
·
It divided
our beloved motherland.
·
It divided
families and the nation.
·
It killed
innocent Kashmiri men and women.
·
It
dishonoured Kashmiri women.
·
It
plundered and looted Kashmiri resources.
·
It is the
main cause of our present miseries and troubles.
·
In one
sentence, it is the cause of all of our problems we face today.
We need to
investigate and analyse what was this tribal invasion? How did it happen? Who
were behind this and what was the purpose of this? We people of Jammu and
Kashmir are repeatedly told that tribesmen from North West Frontier came to
Jammu and Kashmir to help us. They came there for Jihad. However historic facts do not support this
contention.
These tribesmen
were set on us not to help us, but to subdue and invade us. Some of them might
have been motivated by holy name of Jihad, but for the majority it was an
opportunity to satisfy their hunger for loot and plunder, and take away
Kashmiri women. Religion of victims was not an issue
to them; and their victims included Muslims and non Muslims.
In name of ‘Jihad’
when these unruly tribesmen entered territory of Jammu and Kashmir, their first
victim was a Muslim. When the tribesmen attacked
house of a non Muslim citizen of Muzaffarabad, Master Abdul Aziz in line with
his Islamic duty and Kashmiri ethos, tried to protect his neighbour. He
asked them not to loot and kill his non Muslim neighbours.
The
tribesmen did not like intervention from Master Abdul Aziz, and killed him on
spot. To these ‘jihadis’ crime of Master Abdul Aziz was so severe that he did
not even deserve a funeral (janaza) or a burial. They threw his dead body in
River Neelam.
They
created mayhem and sent the message to all that if anyone even questions them
as to what they were doing, they will eliminate that person. Grandchildren of
Master Abdul Aziz, first victim of the tribesmen still live in Muzzafarabad,
and explain the tragic events which they heard from their elders.
Legal status of Jammu and Kashmir
It is well
established fact that the State of Jammu and Kashmir had attained its
sovereignty after lapse of the British Paramountcy on 15 August 1947. The
Independence Act, Section 7.1 explains that after ‘the suzerainty of His Majesty over the Indian
States lapses’; all powers which were
responsibility of the Crown were to revert back to the Rulers of the States.
This point was
further elaborated by Governor General of India Lord Mountbatten in his address
to a Special meeting of the Chamber of Princes on July 25 1947, he said, and I
quote:
There had been universal acceptance among
the States of the Cabinet Mission's Memorandum of 12 May and when the political
parties accepted the Statement of 3 June they fully realised and accepted that
withdrawal of Paramountcy would enable the States to regain complete
sovereignty……Now, the Indian Independence Act releases the States from all
their obligations to the Crown. The States will have complete freedom-
technically and legally they become independent. Unquote.
Mohammed
Ali Jinnah agreed with the above legal position. He strongly believed that the
State of Jammu Kashmir and other Princely States had a right either to accede
to India or Pakistan, or become independent States. In a reply to a question on
17th June 1947 about legal status of the Princely States, Mohammed
Ali Jinnah said:
‘That after the lapse of paramountcy the
Indian States would be constitutionally and legally sovereign states and free
to adopt for themselves any course they wished. It is open to States to join
Hindustan Constituent Assembly {or Pakistan Constituent Assembly} or to decide
to remain independent’.
Despite
all pressures from Lord Mountbatten, different leaders of Congress and Muslim
League the Maharaja of Jammu and Kashmir did not accede to any country. He
wanted to remain independent. He attained his independence after lapse of
paramountcy on 15th August 197. As late as on 12 October 1947, the Maharaja
wanted to remain independent, and this position was reinforced by his Deputy
Prime Minister Ram Lal Batra, who during his visit to Delhi said:
‘We intend to keep on friendly relations
with both India and Pakistan. Despite constant rumours we have no intention of
joining either India or Pakistan, and the Maharaja and his government have
decided that no decision of any kind will be made until there is peace in the
plains. He also revealed that the Maharaja had told him that it was his
ambition to make Kashmir Switzerland of the East – a completely neutral state.’ 1
All
sovereign states must have four characteristics, and before any state attains
sovereignty these attributes must be satisfied:
1/
First attribute is that the state should have people. This attribute Jammu and
Kashmir satisfied before the lapse of Paramountcy. The people living within the
State boundaries were regarded as citizens of Jammu and Kashmir; and State
Subject Definition Notification dated the 20th April, 1927 further strengthens
our case in this regard.
2/
Second attribute of a statehood is that the state should have a defined
territory. Size of the state does not matter; it could be a city state. The
Maharaja of Jammu and Kashmir had clearly defined territory of which he was the
Ruler.
3/
Third attribute of a statehood is that there should be a government. A
government could mean one or more people who are responsible for making laws
and keeping law and order. All these attributes were satisfied before the lapse
of paramountcy.
4/
Fourth attribute of a statehood is that a state should have capacity and right
to enter in to relations with other states. This attribute distinguishes states
from lesser units like members of a federation.
The
Maharaja of Jammu and Kashmir attained this capacity after the lapse of
Paramountcy. He demonstrated this ability or right by concluding a Standstill
Agreement with government of Pakistan; and by offering to have a Standstill
Agreement with government of India.
Some
people argue that because the State of Jammu and Kashmir was not recognised,
therefore it was not a sovereign state. This is not true. A State becomes
sovereign when it is granted independence by a paramount power; legally it
attains independence from that moment and does not depend on recognition of
other states. Israel exists as a sovereign country, yet it is not recognised by
so many countries.
In case
of Jammu and Kashmir, India and Pakistan could not have recognised it as a sovereign
state as both wanted Kashmir to join one or the other Dominion. Other countries
could not recognise the State of Jammu and Kashmir so soon because situation
was not clear; and the State of Jammu and Kashmir could not maintain its
independence due to the tribal invasion which forced the Maharaja to accede to
India, which was provisional and had to be ratified by people of the State.
Who planned the tribal invasion?
Mohammed
Ali Jinnah and government of Pakistan always took pro Maharaja and anti people
position in Jammu and Kashmir, in hope that the Maharaja will join Pakistan.
Prime Minister of Jammu and Kashmir RC Kak also gave them similar impression,
but on 11 August 1947, he was replaced by General Janak Singh. In second week
of September he was replaced by Mehr Chand Mahjan, who incidentally was a
member of the Punjab Boundary Commission.
It is
claimed by some Pakistani writers that he was assured of the post if he had
provided the State a land access to India. Even though the District of Gurdaspur
had a Muslim majority, the Radcliff Award divided the district in such a way
that India had a land access to Jammu and Kashmir. 2
On 24
August 1947, Mohammed Ali Jinnah sent his Military Secretary, Colonel William
Birnie to Kashmir that he can negotiate for him two weeks holiday visit in
Kashmir in mid September. He came back after one week and gave Mohammed Ali
Jinnah news he did not want to hear. Because of the political turmoil the
Maharaja government refused this request. This stunned Mohammed Ali Jinnah and
Pakistan government. They realised that all was not well, and things were not
evolving the way they envisaged.
After
few days the Pakistan government sent a secret agent to Kashmir to ascertain
the situation there. His report was not encouraging either. In view of this
report Liaquat Ali Khan, Prime Minister of Pakistan convened a secret meeting
of top officials in Lahore to ‘decide how to force the Maharaja’s hand’. Authors of Freedom at Midnight write and I quote:
‘The conspirators dismissed immediately the
idea of an outright invasion. The Pakistan army was not ready for an adventure
that could lead to war with India….Colonel Akbar Khan proposed that Pakistan
supply the arms and money to foment uprising of Kashmir’s dissidents Moslim
population. It would require several months, but the end, Khan promised would
see forty or fifty thousand Kashmiris descending on Srinagar to force the
Maharaja to accede to Pakistan’. 3 Unquote
The
second proposal was presented by Khan Abdul Qayyum Khan, Chief Minister of
North West Frontier Province of Pakistan, which involved use of the tribesmen
to force the Maharaja to accede to Pakistan. I once again refer to authors of
Freedom at Midnight, and I quote:
‘Sending those dangerous hordes to Srinagar
had considerable appeal. It would force the swift fall of the Maharaja and the
annexation of his state to Pakistan. And by offering the tribesmen the
opportunity to loot the bazaars of Kashmir, their covetous eyes could be kept
off the bazaars of Peshawear…..The gathering closed with a stern warning from
the Prime Minister. The operation must be a complete secret. Finances would be
provided by secret funds from his office. Neither the officers of Pakistan’s
army nor her civil service nor, above all, the British Officers and
administrators in the service of the new state were to know.’ 4 Unquote
In line
with this secret decision Muslim dissidents were encouraged and fully supported
to rise against a ‘Hindu Maharaja’. The Maharaja government had many serious
problems to deal with. Future of its State was uncertain. Both India and
Pakistan applied tremendous pressure for accession.
Muslims
in Poonch had started their armed rebellion at a time when there were communal
riots in parts of Jammu, mainly started by non Muslims who uprooted from
Pakistan. Situation in Gilgit Baltistan was not satisfactory either, as his
newly appointed Governor Gansara Singh was having some difficulty to assert his
authority in this region which was only reverted to the Maharaja on 1st
of August 1947.
State
forces were not capable of dealing with all these problems; and to make things
more difficult for him the Pakistani government in clear violation of the
Standstill Agreement stopped essential supplies to Jammu and Kashmir. The
Maharaja government complained to the government of Pakistan, and requested to
lift the economic blockade. Pakistani government was in no mood to lift the
economic blockade without getting the accession of the State; and to accomplish
this task they sent Major A.S.B Shah, a junior officer who had no knowledge of
Kashmir history and had no skills in politics and diplomacy. A junior military
man had to negotiate and persuade experienced Maharaja Hari Singh, Prime
Minister Mehr Chand Mahajan and Ram Lal Batra Deputy Prime Minister.
Mehr
Chand Mahaja later recorded that, ‘Major Shah was in Srinagar with a whip in
one hand and a letter of accession in the other…..He was keen to have an
assurance of the State’s accession to Pakistan or in the alternative, a
negative assurance that I would not advise the Maharaja to accede to India. I
told him this would take some time but he was not prepared to wait. When I
found he had came there almost with an ultimatum, I said, “If you raise the
blockade and allow food, cloth and petrol to enter the State I will discuss the
matter with you.” 5
Major
Shah agreed to persuade Mohammed Ali Jinnah to lift the blockade, and sent him
a telegram, but got no favourable reply. Instead he was told to ask Mehr Chand
Mahjan to go to Lahore and discuss the matter there. Mehr Chand Mahajan said: I
was in no mood to fall into Pakistani hands. I declined the invitation as the
object was to coerce me in to securing the State’s accession’. 6
Arrogance of Pakistani rulers
Government
of Pakistan managed to fool people for sometime that these tribesmen came to
help and liberate people of Jammu and Kashmir. They also claimed that these
tribesmen were motivated by religious sentiments and came there on their own.
Unfortunately some Kashmiris also advanced and supported that propaganda as it
suited their political and personal agenda.
Over
the years it has been revealed by many Pakistani officials and writers that the
whole affair was initiated and managed by Pakistani officials; and main
attraction for the tribesmen was not liberation of Kashmir or jihad but loot,
plunder and Kashmiri women. Unfortunately those who planned this tragic
expedition permitted them to loot and plunder and create atmosphere of fear
that the Maharaja surrenders and begs Pakistan for accession.
People
of Jammu and Kashmir had to pay a big price for this blunder of the Pakistani
government. Despite all the humiliation and degradation which Sheikh Abdullah
suffered at the hands of Mohammed Ali Jinnah and other Muslim League leaders,
he was considering some kind of understanding with Pakistan where by the State
could have maintained its special status in return for Pakistan taking certain
responsibilities in line with the Standstill Agreement.
Even as
late as first week of October 1947, he was persuaded by Dr M D Taseer and Mian
Iftikhar Uddin to travel to Lahore and meet Mohammed Ali Jinnah and finalise
matters. Sheikh Abdullah secretly travelled to Lahore with Dr Taseer and stayed
at Mian Iftikhar Uddin’s house. Ego and pride of Mohammed Ali Jinnah overcame
national interest of Pakistan and that of people of Jammu and Kashmir. Despite
sincere advice of some people Mohammed Ali Jinnah refused to meet him, which
was against Islamic teaching, against rules of politics and bad statesmanship.
Mohammed
Ali Jinnah said, ‘I don’t need to meet this man. Kashmir is in my pocket’. 7 In
another place ego centric Governor General of Pakistan said, ‘Who is Sheikh
Muhammad Abdullah? I am prepared to discuss Kashmir with the Maharaja or senior
Government official from Kashmir.’ 8
This
was the fourth time Mohammed Ali Jinnah rebuffed the tallest leader people of
Jammu and Kashmir ever had; and it was the last opportunity to bridge
differences between the most popular leader of Jammu and Kashmir and Governor
General of Pakistan. According to Balraj Puri, Mr Jinnah wanted:
‘Complete surrender on the part of anybody,
particularly a Muslim, seeking political alliance with him. It was too tall
demand from the tallest leader of Kashmir, who was no less proud of his own
personality as also that of Kashmir’. 9
Pakistan
lost Kashmir not because Indians were too clever, but because Pakistani leaders
were not farsighted; and they were too arrogant and ego centric. To them
satisfaction of their ego was more important than the national interest. At a
time when Congress leaders were trying to meet and appease Sheikh Abdullah,
leaders of Pakistan treated him like a trash. They thought with help of
tribesmen they will be able to annex Kashmir.
Even
after this last rebuff, Sheikh Abdullah’s men were in Lahore waiting to meet
some sensible Pakistani leaders with whom they could negotiate something, but
Pakistani government abandoned political and diplomatic route and relied on the
force of gun. It was their arrogance, impolitical attitude and too much
reliance on use of gun which cost them Jammu and Kashmir. Ultimately it was the
people of Jammu and Kashmir who had to suffer at that time; and who continue to
suffer because of follies of Pakistani rulers.
What if there was no tribal invasion
I
understand we cannot turn back clock of history, but as thinking people who
were victims of tribal invasion; and who are even today suffering as a direct
result of that conspiracy, we can analyse what might have happened if there was
no tribal invasion
All the
available evidence clearly indicates that the Maharaja of Jammu and Kashmir did
not want to accede to any country. He wanted to maintain his independence. It
was possible that he could have maintained his independence if there was no
outside interference.
True,
not all of his citizens were happy with him; but it is also true that his
subjects enjoyed more rights than subjects of other Princely States at that
time. It was quite possible that after independence of his State and after
independence of the Sub Continent, he could have made changes to his style of
government where by he could have given more rights to people and Assembly.
He
could have maintained his neutrality and made agreements with both India and
Pakistan. Even few days before the tribal invasion his Deputy Prime Minister
explained his vision of the State in the following words: ‘The Maharaja had told him that it was his ambition to make Kashmir
Switzerland of the East – a completely neutral state.’
If
there was no tribal invasion people of Jammu and Kashmir could have avoided
loot, plunder and rapes in 1947. They could have avoided separation of
families. They could have avoided division of their homeland. They could have
avoided other miseries since 1947. They could have avoided the present
suffering on both sides of the divide which was thrusted upon them as a direct
result of militancy which started in 1988.
If
there was no tribal invasion then there might have been no Kashmir dispute as
we see it today. It was possible that both countries in absence of this dispute
could have resolved other issues and could have developed friendly and cordial
relations; and that could have led to peace and stability in the region.
In
conclusion, one could say that source of many of our troubles and troubles of
the region are directly related to that fatal decision of directing hordes of
tribesmen in name of jihad to invade Jammu and Kashmir and loot, plunder and
rape people without any accountability.
The
genie of extremism and hatred released in name of jihad in October 1947 to
advance political agenda, continue to spread extremism and hatred.
Unfortunately that policy of promoting extremism to advance political agenda
continued until very recently, and forces of extremism and hatred have become
power in their own right. They have already affected lives of millions of
people. Like any other living being, it wants to live and flourish; and has
become out of control. Like Frankenstein monster it has turned against its
creator, hence we see cries in Pakistan about terrorism, jihad and establishing
writ of government, all claiming to be on the right path.
I hope
those quarters who deliberately promoted extremism and hatred have learnt their
lesson. Also I hope they will do their best to put things right; and will not
promote terrorism and hatred in future, or create more hurdles in our inherent
and most cherished right of self determination.
I thank
you Mr Chairman.
References:
1.
Kashmir Problem – its
legal aspects, Dr HO Agarwal, page 31
2.
The Kashmir of Sheikh
Abdullah, Bilqees Taseer, Page 264
3.
Freedom at Midnight,
Larry Collins and Dominque Lapierre, Page 402
4.
ibid, Page 402
5.
opcit, Bilqees Taseer,
page 265
6.
ibid, page 265
7.
ibid, Page 301
8.
ibid, page 303
9.
ibid, page 305
No comments:
Post a Comment