Accession of Jammu and Kashmir to India-- The Story Behind -- II
While the army pushed back the invaders, there are several instances where people put up a gallant resistance and stopped the advance of the invaders. The most glaring examples of people’s resistance was the martyrdom of Mohammad Maqbool Sherwani and Master Abdul Aziz.
Shaheed Sherwani, a staunch follower of Sher-I-Kashmir, did not oblige the invaders when they enquired from him the route to Srinagar. Instead, he put them on a wrong track gaining time for troops to come. Somehow the tribesmen came to know about his tactics and nailed him at a Baramulla crossing and asked him to raise pro-Pakistan slogans. He did raise slogans but these were different. These were pro-Hindu Muslim amity and in favour of Sher-I-Kashmir. Engaged by this, the ruthless tribesmen emptied their guns on him.
The sacrifice of Master Abdul Aziz too was exemplary. The invaders who raped the nuns and wanted other non-Muslim women to handed over to them, Master Abdul Aziz, a tailor by profession, held the holy Quran in his hand and said that they can touch the women only over his dead body and the holy Quran. The brutal killers did not spare him.
On January 1, 1948 India took up the issue of Pak aggression in Jammu and Kashmir in UNO under Article 35 of its charter. The Government of India in its letter to the Security Council said, "…Such a situation now exists between India and Pakistan owing to the aid which invaders, consisting of nationals of Pakistan and tribesmen… are drawing from Pakistan for operations against Jammu and Kashmir, a State which has acceded to the Dominion of India and is part of India.
The Government of India requests the Security Council to call upon Pakistan to put an end immediately to the giving of such assistance which is an act of aggression against India. If Pakistan does not do so, the Government of India may be compelled, in self defence, to enter into Pakistan territory to take military action against the invaders." After long debates, cease-fire came into operation on the midnight of January 1, 1949. Presence of Pak regular troops in the Valley was attested even by UNCIP documents (UNCIP first report).
At the time of cease-fire, Pakistan was holding 78114 sq.Kms illegally and this aggression on that territory continues even today. On March 5, 1948, the Maharaja announced the formation of an interim popular Government with Sheikh Mohammad Abdullah as the Prime Minister. Subsequently, the Maharaja signed a proclamation making Yuvraj Karan Singh as the Regent.
During one of the debates in UN Security Council on February 5, 1948, Sher-I-Kashmir, said "aggression and not the accession is the issue." The Security council, however, passed a resolution on plebiscite in Jammu and Kashmir subject to certain conditions. The resolution had three parts, one relating to cease-fire while the second, the most important and relevant, was a truce agreement which provided the mechanism for plebiscite.
As per the agreement, Pakistan Government agreed to withdraw its troops from the State and undertake to secure the withdrawal of its tribesmen and nationals who had invaded the State. The territory thus evacuated by the Pakistani troops would be administered by local authorities under the surveillance of UN Commission for India and Pakistan.
The second part of this agreement related to the obligation of Government of India which would have come into force after Pakistan had fulfilled its obligation in part A of the agreement and thereby terminated the situation which occasioned the presence of Indian troops. On being notified that Pakistan had withdrawn its forces, the Government of India would begin withdrawal of bulk of its forces in stages but she will maintain the minimum strength of its forces necessary for law and order with the Commission stationing its observers.
The third part related to reaffirmation of both the countries to determine the wish of the people.
Pakistan, knowing well the fate of such plebiscite at that time did not take any step to fulfil its obligations under the agreement and continued to hold the territory of the State illegally and forcefully even today. The issue plebiscite was linked with the condition of withdrawal of Pakistani forces and tribesmen from the occupied territory of the state which it never fulfilled, making the resolution absolutely irrelevant.
On the other hand, J&K after attaining political freedom, marched ahead to strengthen democratic structure. Moreover, the truce agreement on plebiscite was superseded by the Shimla Agreement between India and Pakistan signed on July 3, 1972 itself, the two countries undertook to resolve all differences bilaterally and peacefully. Pakistan, through its commitments enshrined in this Agreement, accepted the need to once and for all shift the Kashmir question from the UN to the bilateral plane.
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