“[My Dear Maharajah Sahib, Your Highness’s letter dated the 26th October, has been delivered to me by Mr. V.P. Menon. In the special circumstances, mentioned by your Highness, my Government has decided to accept the Accession of Kashmir State to the Dominion of India. Consistently with their policy that, in the case of my State where the issue of Accession has been the subject of dispute, the question of Accession Should be decided in accordance with the wishes of the people of the State, it is my Government’s wish that, as soon as law and order have been restored in Kashmir, and her soil cleared of the invader, the question of the State’s Accession should be settled by a reference to the people. Meanwhile, in response to your Highness’s appeal for military aid, action has been taken today to send troops of the Indian Army to Kashmir to help your own forces to defend your territory and to protect the lives, property, and honour of your people. My Government and I note with satisfaction that your Highness has decided to invite Sheikh Abdullah to form an Interim Government to work with your Prime Minister: Yours Sincerely Sd/- Mountbatten of Burma]”
The Kashmiris never understood that former ruler of J&K, Maharaja Hari Singh and even the Government of India, have no right to decide about the accession of J&K, as is evident from IoA. This right of accession lies exclusively with the people of united J&K (J&K and PoJK combined). As per IoA, the people of J&K have nothing to do even with United Nations rather it is the responsibility of India to get plebiscite by getting the soil of United J&K cleared of Pak invaders (including non-citizens of united J&K) and after getting law and order restored in united J&K. How India does it is India’s headache whether by its own or through the UN or by getting military help from any friendly country. However, political leadership/parties of J&K (especially of Kashmir) have committed this blunder of talking about irrelevant entities (about accession) all along 71 years and even now the existing political parties in J&K are committing the same blunder.
Therefore, the enlightened Kashmiris should come forward and should do the following in order to solve the chronic and gory Kashmir problem:-
(1) The Kashmiris should take lead in arranging public meetings in J&K starting from the first week of April before relevant phases of Parliamentary elections (which are starting from April 11, 2019) at least at parliamentary constituencies of Srinagar, Jammu, Baramula, Udhampur, Anantnag and Ladhakh to enlighten and inform the people about this legal position of J&K and about legal necessity of plebiscite as per IoA.
(2) The Kashmiris should take lead in filing a writ petition in the J&K High Court in first week of coming April and then appeal in Supreme Court of India (If needed) about getting amended the Article 1 (3) (a) of The Constitution [which illegally shows J&K as Indian territory (like other States) without any mention of the condition of plebiscite as per IoA]. Here it is legally pertinent to add that neither Indian Parliament nor Legislative Bodies of J&K have any constitutional-legal right to decide on the territory of united J&K before plebiscite as per IoA.
(3) These enlightened Kashmiris should take lead in launching a national political party (in case of no existing party in J&K comes forward to do the above mentioned) which will help in getting support of Indians from rest of India for this cause of the people of J&K (people of J&K will be surprised that how many people in rest of India support the above-mentioned approach of plebiscite for the solution of chronic and gory Kashmir problem because these supporters of Plebiscite from rest of India know and are confident that people of united J&K will prefer Secular India in Plebiscite for accession).
(4) This political party should contest Parliamentary election not only in J&K but in rest of India which will prove public support from all over India (and not merely from J&K) for this plebiscite approach about resolving chronic and gory Kashmir problem [Territory is martial and not civil subject hence its jurisdiction lies with Union of India/Parliament which makes the people of entire India (and not merely people of J&K) concerned with this matter of accession of J&K to India]. This national political party sponsored by Kashmiris should draft its constitution which will not only solve Kashmir problem by said plebiscite for accession but will also solve the socio-economic problems of the people of the rest of India.
It is hoped that enlightened Kashmiris will come forward to solve the gory and chronic Kashmir problem by taking all the four above mentioned measures.
By Hem Raj Jain
