A Government was reconstituted on October 24, 1947. It was intended to be a non-communal
government, comprising both Muslims and non-Muslims in the cabinet. This provisional
government was to be temporary, tasked with restoring law and order in the State, enabling
the people to elect a popular legislature and government through free elections.
The newly constituted Provisional Government expressed sentiments of utmost “friendliness
and goodwill towards its neighbouring Dominions of India and Pakistan,” hoping that “both
the Dominions of India and Pakistan will sympathize with the people of Jammu and Kashmir
in 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 on
July 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 motivating
the entry of Pakistani troops into Kashmir:
- Protection of Pakistani territory from possible Indian aggression.
- Prevention of a fait accompli in Kashmir by the Indian Government.
- Prevention of an influx of refugees into Pakistan.
At its 19th meeting on July 20, 1948, UNCIP prepared a confidential cable informing the
Security Council of the presence of Pakistani troops in Kashmir. The UNCIP delegation
reported that “As for the views of the Azad Kashmir people, the Foreign Minister’s intention
was not to induce the Commission into recognizing the ‘Azad Kashmir Government,’ but he
felt that their approval, whether expressed directly to the Commission by their representatives
or 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 through
their representatives at the UN and additionally had the option to use the medium of the
Pakistan Government. On September 6, 1948, at the 55th meeting, the Commission received
a letter from the Government of Pakistan addressing various issues related to the UNCIP
Resolution of August 13, 1948. The letter clarified, “They (Pakistan) desire to make it clear at
the outset that these views are the views of the Government of Pakistan and are not in any
sense binding upon the Azad Kashmir Government, nor do they reflect the views of the Azad
Kashmir Government.” UNCIP also made it clear that it intended to hold discussions with the
Azad Kashmir representatives as individuals.
The letter further stated, “The Government of Pakistan would at all times be prepared to use
its good offices to persuade the Azad Kashmir Government to accept the views of the
proposals of the Commission which the Pakistan Government themselves take, but such
acceptance must rest finally with the Azad Kashmir Government themselves.”
The Government of Pakistan highlighted an important distinguishing factor regarding Azad
Kashmir. 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 Kashmir
Government, and it is the latter Government alone that has the authority to issue a cease-fire
order to those forces and to conclude terms and conditions of a truce that would be binding
upon these forces.”
Thus, the Azad Kashmir Government was recognized to hold direct discussions with the
Commission and was acknowledged to have the authority to order a cease-fire.
Dr Syed Nazir Gilani.
Dr-nazirgilani@jkchr.com.
If the AJK government was free to represent itself at the UN, there was no reason to opt for the medium of Pakistan, which aggressed jk , paving the way for India to move in. Pakistsn has continued to pave the way for India to onsidate its posituon in its ocvulied part of jk. Ibraheem and company expressed time and again that they had carefully planned to merge jk with Pakistan. At the same time, he complained he was not allowed by Pak to represent his government at the UN. He made similar statements about the Karachi Agreement. They all lied to their people with no regret.
Government of Azad Kashmir was free to conduct direct discussions with UNCIP. Pakistan offered itself as a medium as well. So Azad Kashmir Government had two options.
Karachi agreement snatched this right.
Parties to the Karachi agreement did not have any authority to override UNCIP template. They could not create any prejudice against the title of the people to self-determination.