Page 10 - seniors today August issue
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General Thimaya inspecting the troops in Srinagar, 1948
confirming this accession. Legally the offer of which was now legally a part of India, every
accession by the Maharaja and its acceptance British officer (and there was a large number)
by the Dominion of India completed the would automatically and immediately be
Instrument of Accession. It created a union withdrawn. Mr Jinnah immediately withdrew
within a federation of states. It is the same for the order, thus accepting the legality of the
all federations including the United States of Accession to India.
America. It is important to point out that the legality
of Accession was not questioned at any time
Allegations Refuted by the UN Security Council and the UN
The allegation of having secured the accession Commission for India & Pakistan, or any of its
by use of force and fraud was laid to rest by representatives or mediators like Dr Graham,
the three British chiefs of the armed forces Sir Owen, General McNoughton and Mr Jarring.
when they recorded that the decision to send If the Accession is considered to be illegal,
the Indian troops was only taken after the incomplete or invalid, then I am afraid that all
Instrument of Accession was received at the that flows out of the Government of India Act
Defence Committee in Delhi. This “statement 1935, Memorandum of the Cabinet Mission
of events” was later handed over to Mr Jinnah and the Indian Independence Act 1947 would
by Lord Mountbatten when the accession was be illegal, unconstitutional and invalid.
questioned by him. This would also include the creation of two
The news of the state’s accession to India separate dominions of India and Pakistan, The
reached Mr Jinnah (Governor General of Constitutions of India and Pakistan, the State
Pakistan), who ordered the acting Commander of Jammu & Kashmir, and all actions of the
in Chief of the Pakistan Army, General Sir Governments of India and Pakistan since they
Douglas Gracy, to send two Brigades of the were created under this Act of 1935. Matters
Pakistan army to Jammu & Kashmir. General such as the ceasefire line of 1949, the Tashkent
Gracy reportedly refused to move any troops agreement of 1966 and the Simla agreement of
till he received approval from Supreme 1972 would also then be unconstitutional as
Commander Field Marshal Sir Claude they all stem from those acts.
Auchinleck. The Field Marshal flew to Lahore
on 28 October and informed Mr Jinnah that “in
the event of Pakistani troops entering Kashmir,
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