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Kashmir: India cliams that the original Article of Accession is now lost–as if it ever existed

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India is supposed to have an article of accession from Kashmir. Neither the UN nor Pakistan was ever presented with the document. There is a charge that Lord Radcliff was given a bribe of 6 corore Rupees by the Indian National Congress supporters to unfairly/”illegally” award Ferozepur and Gurdaspur to India. Ferozepur was the only arsenal that was supposed to be given to Pakistan. Gurdaspur was a Muslim majority area and was awarded to India.

Kashmir article of accession was never presented to Pakistan or the UN. It has now been lost, if it ever existed. Even the forged copy has problems with dates

The boundary line was along the river and Radcliff unnaturally digressed it away from the river to give away Gurdaspur (the only link of India to Kashmir) to India. The implication of the loss of Ferozepur to India was not only traumatic in human terms, but it was devastating to Pakistan in military terms. The reality behind the conspiracy to award Gurdaspur became evident a year later when Indian troops arrived in Srinagar and then Hari Sing signed over the article of accession to India. The article of accession was never presented to the UN, and according to Alister Lamb has serious discrepancies about dates. The original article of accession has since been lost, if it ever existed.

“Alastair Lamb, ‘Incomplete Partition’ (OUP, 1998) comes to the conclusion that the instrument of accession was not signed on the date claimed by the Indian government to legitimise its sending of troops into Kashmir. American scholar Stanley Wolpert relates the accession story in his 1996 book, ‘Nehru: A tryst with Destiny’, basing it on the lack of concordance between versions of the accession.

Wolpert writes that Menon returned from Srinagar on 26 October ‘with no Instrument of Accession’ to report on the perilous condition in Kashmir to the Defence Committee. Only after Mountbatten had allowed the airlift of Indian troops on 27 October, did Menon and Mahajan set out for Jammu ‘to get the Instrument of Accession’. The Maharaja signed the Instrument after the Indian troops had assumed control of the state of Jammu and Kashmir’s summer capital, Srinagar.

If Wolpert’s version is accepted then the ‘conspiracy’ of legalising the airlift becomes acceptable. Lamb thinks that it is possible that ‘certainly Menon, perhaps Mountbatten, perhaps Nehru and perhaps Patel’ were involved in this conspiracy. Lamb also claims that the document of accession does not exist.”

The world has not seen the original. So it does not exist!

Continent of Dinia and dependencies Ch. Rehmat Ali Big map. The Muslim homeland that was part of the struggle for independence

Maps showing Azad Kashmir

Occupied Jammu and Kashmiris want to sell their produce in Azad Kashmir. Northern Areas are not part of Kashmir and Azad Kashmir

Maps showing Northern areas and Karakoram Highway route

Road map of Karakoram Highway

According to Alister Lamb a noted historian of Kashmir, the actions of India have cast several doubts on the article of accession. The events as noted by several Indian historians do not make sense. Recently both the timing of the event as well as the intentions of the Indian National Congress have come under close scrutiny. India’s claim to accession is in dispute. The U.N. recognized the dispute, and treats Kashmir as disputed territory between India and Pakistan.


According to Alister Lamb, the Northern Areas rose up in revolt against the Dogra rule before the annexation that supposedly was signed between the Dogras and India. This makes them independent of the rest of Kashmir and the accession document does not apply to them. The article of accession was never given to Pakistan or the United Nations. India now claims that the “article of accession” is lost if it ever existed. There are several errors in the published version of the article of accession. The dates do not match and show that the Indian forces had moved into Srinagar before the article had been “signed”.

Here is an excerpt from Alastair Lamb’s book Kashmir… A Disputed Legacy. (Capitalization emphasis is mine)


If so, then the intervention of the Indian Army in the Kashmir dispute could well be another of those episodes, of which Pearl Harbour is the supreme example, where the military course of events resulted in the opening act of war taking place before the politicians and diplomats were able to organize its formal legitimisation.

Even more intriguing, in this context, is the fact that Indian troops arriving at Srinagar airport on 27 Oct. 1947 found other Indian troops, in the shape of Patiala men, already established there and elsewhere in the State.

The Patiala forces had arrived, it seems, on about 17 Oct. 1947, that is to say before the tribal crossing of the bridge at Domel on 22 Oct.

These two questions, the timing of the precise moment of accessionand the date of the arrival of the Patiala men, have for some reason not been touched upon by the Pakistani side in the Kashmir debate over all these years; and, not surprisingly, the Indian side has not gone out of its way to draw attention to the matter.

The chronology and interpretation of the events leading up to accession which have been set out in Chapter 7 above lead to a number of conclusions which certainly differ from the received opinion, at least as interpreted by Indian diplomats. We will confine ourselves here to two issues, the status of Azad Kashmir and the question of who were the “aggressors” in those crucial days from 21 to 27 Oct. 1947.

On 15 Aug. 1947 the State of Jammu and Kashmir became to all intents and purposes an independent state.

There is no other possible interpretation of the lapse of Paramountcy. On 24 Oct. 1947 the independence of the State of Azad Kashmir was declared, relating to the territory mainly in the old Poonch jagir in which the control of the Maharaja, apart from Poonch city itself, had completely disappeared. Azad Kashmir’s first president, Sardar Mohammed Ibrahim Khan, as an elected member of the Jammu and Kashmir Legislative Assembly for a constituency in Poonch, could certainly be said to enjoy some measure of popular mandate, as least as much as the later claimed for Sheikh Abdullah.

On 26 or 27 Oct. 1947 the Maharaja formally acceded to India. Did he bring, even in theory, Azad Kashmir with him? This is certainly an interesting question which ought to occupy the minds of international lawyers.

Map of Occupied Kashmir

Ladakh has a Muslim majority map. Kashmir valley map

All areas of Kashmir

Gilgit:The fourth distinct in the region is Gilgit which is known as Dardistan. The region includes the tributory states of Hunza, Nagar, Chilas, Punial, Ishkuman, Kuh and Ghizar. The people belong to the Dardic race and are closely connected with Chitralis in race, culture and language. They are mostly followers of Ismaili sect headed by the Agha Khan (Muslims). This region was conquered by Maharaja Gulab Singh’s son, Maharaja Ranbir Singh between 1846 and 1860. Thousands of Dogra soldiers lost their lives in the campaigns that led to the conquest of this inhospitable but strategically very important region. The whole Dardistan including Gilgit has been merged with Pakistan and is governed by the Pakistani Central Government. This area has not been included even in the so called “Azad-Kashmir” (literally means Free/Liberated Kashmir. That is what the Pakistanis call the portion of Kashmirunder their occupation).

This was the Pakistan that the Muslims of the Subcontinent asked for

Pakistani President General Zia-ul-Haq had declared that these territories which includes the Silk Route that connects Pakistan to China, might have once been part of Jammu and Kashmir, but now they are a part of Pakistan. The Northern areas, which include Dardistan and Baltistan, have already been integrated fully with Pakistan. In a quiet behind the scene announcement the Pakistani Ministry of Kashmiri Affairs and Northern Areas has divided these areas into five civil districts – Gilgit, Skardu, Chilas, Gohkoch and Khalpo. The administration of these districts is under Pakistan’s direct control and now Pakistan’s laws are applicable.

Northern Areas are part of Pakistan and never were part of Dogra or Indian Occupied Kashmir

Northern Areas:

Map of Pakistani Azad Kashmir, Pakistani Northern Areas and Indian occupied Kashmir

Junagarh remains Pakistani territory

Junagarh and Manavdar are also Pakistani territory.

The Northern areas are NOT part of Kashmir and it was wrong of General Pervez Musharraf to concede that the fate of the Northern Areas was up for grabs. If Kashmir is our “shehrug” then the Northern Areas are our lifeline to China.

Siachen: Red Lines mark the Pakistani positions on Siacehn. In the 80s the Siachin Glacier was under Pakisani control.

Siachin map

The Article of Accession that supposedly exists, does not have a physical parameter. It was never presented to Pakistan and it was never presented to the United Nations. The paper now shown to the world does not stand the scrutiny of historian. The “original date” of this so called paper was listed as “August” which casts further doubt on the document.

“Whereas the Indian Independence Act, 1947, provides that as from the fifteenth day of August, 1947, there shall be set up an Independent Dominion known as India, and that the Government of India Act, 1935 shall, with such omission, additions, adaptations and modifications as the governor-general may by order specify, be applicable to the Dominion of India.

And whereas the Government of India Act 1935, as so adapted by the governor-general, provides that an Indian State may accede to the Dominion of India by an Instrument of Accession executed by the Ruler thereof.

Now, therefore, I Shriman Inder Mahander Rajrajeswar Maharajadhiraj Shri Hari Singhji, Jammu and KashmirNaresh Tatha Tibbetadi Deshadhipathi, Ruler of Jammu and Kashmir (princely state), in the exercise of my sovereignty in and over my said State do hereby execute this my Instrument of Accession and I hereby declare that I accede to the Dominion of India with the intent that the governor-general of India, the Dominion Legislature, the Federal Court and any other Dominion authority established for the purposes of the Dominion shall, by virtue of this my Instrument of Accession but subject always to the terms thereof, and for the purposes only of the Dominion, exercise in relation to the State of Jammu and Kashmir (hereinafter referred to as “this State”) such functions as may be vested in them by or under the Government of India Act, 1935, as in force in the Dominion of India, on the 15th day of August, 1947, (which Act as so in force is hereafter referred to as “the Act”) .” Wikipedia