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 It created a union            withdrawn.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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