The Azad Kashmir Government was recognized to hold direct discussions with the Commission
A Government was reconstituted on October 24, 1947. It was intended to be a non-communalgovernment, comprising both Muslims and non-Muslims in the cabinet. This provisionalgovernment was to be temporary, tasked with restoring law and order in the State, enablingthe people to elect a popular legislature and government through free elections. The newly constituted Provisional Government expressed sentiments of utmost “friendlinessand goodwill towards its neighbouring Dominions of India and Pakistan,” hoping that “boththe Dominions of India and Pakistan will sympathize with the people of Jammu and Kashmirin their efforts to exercise their birth right of political freedom.” It assured that it would“safeguard the identity of Jammu and Kashmir as a political entity.” The personality of the “Azad Kashmir Government” was acknowledged by the UNCIP(United Nations Commission for India and Pakistan), which received its communication onJuly 8, 1948. UNCIP delegations visited Azad Kashmir on September 4 and September 14,1948. Sir Mohammad Zafrullah Khan, Foreign Minister of Pakistan cited three reasons motivatingthe entry of Pakistani troops into Kashmir: At its 19th meeting on July 20, 1948, UNCIP prepared a confidential cable informing theSecurity Council of the presence of Pakistani troops in Kashmir. The UNCIP delegationreported that “As for the views of the Azad Kashmir people, the Foreign Minister’s intentionwas not to induce the Commission into recognizing the ‘Azad Kashmir Government,’ but hefelt that their approval, whether expressed directly to the Commission by their representativesor through the medium of the Pakistan Government, might be of decisive importance.” It was clear that the “Azad Kashmir Government” was free to represent its people throughtheir representatives at the UN and additionally had the option to use the medium of thePakistan Government. On September 6, 1948, at the 55th meeting, the Commission receiveda letter from the Government of Pakistan addressing various issues related to the UNCIPResolution of August 13, 1948. The letter clarified, “They (Pakistan) desire to make it clear atthe outset that these views are the views of the Government of Pakistan and are not in anysense binding upon the Azad Kashmir Government, nor do they reflect the views of the AzadKashmir Government.” UNCIP also made it clear that it intended to hold discussions with theAzad Kashmir representatives as individuals. The letter further stated, “The Government of Pakistan would at all times be prepared to useits good offices to persuade the Azad Kashmir Government to accept the views of theproposals of the Commission which the Pakistan Government themselves take, but suchacceptance must rest finally with the Azad Kashmir Government themselves.” The Government of Pakistan highlighted an important distinguishing factor regarding AzadKashmir. The letter addressed to the Commission stated, “As has already been explained to the Commission, political control over the Azad Kashmir Forces vests in the Azad KashmirGovernment, and it is the latter Government alone that has the authority to issue a cease-fireorder to those forces and to conclude terms and conditions of a truce that would be bindingupon these forces.” Thus, the Azad Kashmir Government was recognized to hold direct discussions with theCommission and was acknowledged to have the authority to order a cease-fire. Dr Syed Nazir Gilani. Dr-nazirgilani@jkchr.com.
