October 27 is observed as a black day by the Kashmiri community the world over. Maharaja Hari Singh and Lord Mount Battan are the main character of this horrible drama mainly supported and sponsored by Sheikh Muhamad Abdullah, Pandit Jawahir Lal Nehru and Mahatma Gandhi. The Maharaja, during the summer and autumn of 1947, took a series of steps which suggested that he was edging towards India. Foremost among them was his dismissal of his prime minister in mid-August and his eventual replacement by Mehr Chand Mahajan – an Indian lawyer.
Mahajan had been a member of boundary commission nominated by Indian National Congress. Maharaja welcomed visitors from Delhi such as Mahatma Gandhi while repeatedly rebuffing Jinnah’s suggestions that he make a personal visit to Kashmir. He replaced the British commander of the state’s armed forces with an Indian army officer. His government sought arms and ammunition from India. The road from Pathankot to Jammu, the only road link between Kashmir and India, was upgraded urgently.
Maharaja played a double game by offering the standstill agreement to both India and Pakistan on August 12, 1947 which was accepted by Government of Pakistan on August 15, 1947. He kept the Government of Pakistan as well as people of Kashmir in the dark and secretly started the preparation of accession of Kashmir with India. It has been disclosed by Viceroy’s personal report sent to the British Government on August 2016, 1947. Correspondence between Indian Government and Government of Kashmir in the presence of Standstill agreement between Pakistan and Kashmir Government clearly indicated the actual picture of accession episode itself.
Andrew Whitehead, a researcher, clearly described the Maharaja’s intention to accede with Indian dominion in following words:
“there have been suggestions that the Maharaja had decided by August 1947, or certainly by mid-September, that he had no option but to join India and that he was Just waiting for the best moment and the most advantageous terms”.
Most Pakistani as well as British historian and researchers are now convinced about the controversial role of last British Viceroy Lord Mount Batten who facilitated Kashmir’s accession to India by hand over the Gurdaspoor predominantly a Muslim majority district to India. Lord Bird Wood and Christopher Beaumont seem to totally agree to the above statement. Christopher Beaumont, the private secretary, to Sir Red Cliff disclosed the whole story by saying that “Viceroy Lord Mount Batten was impressed by Nehru and pressurised Sir Red Cliff to change the boundary line contrary to the principles of sub continent’s division”.
Researchers like Alastair Lamb and Dr Ijaz Hussain proved that Indian forces intervention on October 27, 1947 was contrary to international law in the absence of instrument of accession signed by Maharaja. Evidence proved that as a result of revolt against his Government, Maharaja lost his power having no capacity to accede any dominion. One can conclude well in the light of research made by different researchers like Alastair Lamb, Joseph Carbel, Christopher Beuomont, Lord Bird Wood, Andrew White Head, Victoria Shepherd and Dr Ijaz Hassan that the Maharaja had no right to sign in agreement with India due to enforcement of standstill agreement between Maharaja and Government of Pakistan.
Another fact is that Hari Singh had fled from valley of Kashmir and was no longer in control of his state and therefore not in a position to take a decision on behalf of his people. Hence it is proven that Indian forces’ intervention took place before the Maharaja signed the documents of so called accession. Therefore, India was not defending its own property but intervening in a foreign state. Provisional and conditional nature of accession as narrated by Indian Government, Lord Mount Batten as well as the resolution adopted by the UN Security Council show the invalidity of accession made by Maharaja. The conditional and provisional character of the accession comes out from the numerous statements of the Indian Prime Minister Pandit Nehru regarding the matter. Therefore, an impartial international tribunal would decide that India had no right at all to be in the Kashmiri state.
Conclusion:
The basic aim to observe 27th October as a black day by Kashmiri people is to intimate the international community to take notice of illegal action of India contrary to international law. This day revealed that so called accession of Jammu and Kashmir to India is not acceptable to Pakistan or Kashmiri people as expressed in different statements made by Kashmiri and Pakistani Leaders. The main objections regarding accession are well pointed out by a well-known author Javed Iqbal Rathore in his book describing that:
- It was contrary to the wishes of the people.
- The existence of an earlier stand-still agreement created a legal bar to the ruler’s capacity to alter the existing position unilaterally.
- At the time, the ruler himself had fled the state and peoples’ Government under the name of Azad Government had taken control over a large or portion of the territory of the state.