120 Whither Kashmir? (Part II) - Islamabad Policy Research Institute

Whither Kashmir?
All agreements of British governments with either rulers or states
also lapsed on 15th of August 1947. Since the state of Jammu and
Kashmir was a Princely State with a special autonomous status, therefore,
it can be very conveniently said, that on 15th day of August 1947, the
Maharaja Sir Hari Singh was not the permissible ruler of the state of
Jammu and Kashmir as all his treaties with British India lapsed on that
day. Once he was not a ruler of the state, he had no right to sign the
instrument of accession (if at all he signed that) with the new Indian
dominion. This title to the state was granted to him by the British
Government (East India Company) under the Treaty of Amritsar
(Kashmir Sale deed) signed on 16 March 1846 and lapsed on the
appointed day of 15th August 1947.
Besides, on July 25, 1947 in his address to special full meetings of
the Chamber of Princes held in New Delhi, Lord Mountbatten
categorically told all princes of Princely States that they were practically
free to join any one of dominions; India or Pakistan. He however
clarified that, while acceding to any dominion they could take into
account geographical contiguity and wishes of the people. In case of the
State of Jammu and Kashmir, either of the above factors was favouring
state’s accession to Pakistan, but Maharaja Hari Singh did not accept this
basic precondition of accession.
Indian claim that its forces landed Srinagar Airport on
October 27, 1947, only after signatures on Instrument of Accession
by Maharaja and the Indian government is also fallacious. Indeed, a
heavy contingent of Patiala State was involved in fighting against the
Kashmiri rebellions in Uri Sector on 18 October 1947, which means
that they were very much inside the State's territory much earlier
than October 27, 1947.
On 24 October 1947, Kashmiris formally declared their
independence from Dogra Raj and established their own government
with the name of Azad (Free) Kashmir Government. Following this
Maharaja Hari Singh sent his deputy Prime Minister Mr. R.L. Batra to
New Delhi for Indian military assistance to his Government against those
revolted and tribal from NWFP who joined their brethrens against a
tyrant rule. He (Batra) met the Indian Prime Minster and other
prominent Indian leaders and requested for assistance without making
any mention or promise of state’s accession to the Indian Union. The
Indian government instead sent Mr. V.P Menon (Indian Secretary of
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