S/PV.229 Security Council

1 find that there is no objection ta our meeting tomorrow morning at 10.30. l'anglais) nous de notre MI. NOEL BAKER (United KIDgdom) : We have not decided not ta meet in the aftemoon. That remains open. in case it is useful for us ta continue our business. représentant quelque s'il au

1 should Iike.to ask the representativ;e of Pakistan if he wishes ta add anything ta the speech he has just made or whether he has any objection ta interrupting bis statement at the present stage. (traduit nient Sir Mohammed ZAFRULLAH KHAN (pakistan) : It is quite convenientfoI'me ta stop ai: this' stage. The meeting rose ~t 6.10 p.m. TWOBUNDRED AND TWENTY·NINm MEETING Held at Lake Success, New York, on Saturday, 17 lanuary 1948, at 10.30 a.m. President: ·Mr. F. VAN LANGE.'NHOVE (Belgium). Argentine, France, d'Ukraine, soviétiques, riç'ue. Present : The representatives of the following countries: Argentina, Belgium, Canada, China, Colombia, France, Syria, Ukrainian Soviet Socialist Republic, Union of Soviet Socialist Republics, United Kingdom, United States of America. 13. ProVisionàl agenda (document SjAgenda 229) 1. Adoption of the agenda. 1. 2. The Jam:.mu. âIid'Kashtnirquestion (a) Letter dated 1 .January 1948 ·from the representative' of India' tôthe President of the Security Council concerning' the situation in Jal11mu. and Kashmir (doctunent S/628)1. (b) Letter dated 15 January' 1948 from the Miliister for Foreign Affairs of Pakistan to the Secretary'-General conceming the situa-" tian, in Jainmu anq Kashmir (document S/646)2. , 2: LSe~.QfficialRecords of· the Security Council, Third Year, Supplement for November 1948, pages 139-144. rité, pages 2 ibid., pages 67-87. Sir Mohammed ZAFRULLAH KHAN (paldstan) When the Security Council rose yesterday after- noon, 1 was at the stage when the Pakistan Government was trying to arrange a tripartite conference between representatives of the Domi- nion of India, the Stàte of Kashmir, and Pakistan itself. 1 had explained that the conference could not be held on 29 October 1947 owing to the indisposition of the Prime Minister of India. It was postponed to 1 November, but it could not be held then owing to the same cause. However, Lord Mountbatten, the Governor- GeneraI of India, came to Lahore to preside over the Joint Defence Council, and certain conversa- tions took place with him. 1 was reading yesterday from the telegram sent by the Prime Minister of Pakistan to the Prime Minister of the United Kingdom, explaining the situation. 1 shall conti- nue to read from this telegram in order to present sorne idea as to what happened between the Governor-GeneraI of Pakistan and the Governor- GeneraI of India on that occasion. The telegram go.e,s on to say : .. The two Governors-General met at Lahore and had a long discussion on 1 Novembe'r. The upshot of the discussion was that the Governor- General of Paldstan made the following proposaIs to the Governor-Gen.;;r~l of India for the accep~ tance of the India DomiD10n : - , .~ 1. To put an immediate stop to fighting, the two Governors-General should be authorized and vested with full powers by both Dominion Govern- ments to issue a proclamation forthwith, giving forty-eight hours' notice to the two opposing forces to cease fire. The Governor-GeneraI of Pakistan has no control over the forces of the Provisional Government of Kashmir or the tribes- men e~gaged· in the ./ighting, but he will warn them .m the c1earest terms that if they do not obey the order to cease fire immediately, the forçes ofboth Dominions will make war on them; .. 2. Both the forces of India Dominion and th~ tribesmen to withdraw simultaneously ànd Wlth the utmost expedition from Jammu and Kashmir State territorjr; . .. 3. With the sanction of the two Dominion ~ovemments,. the two Governors-General to be gIve~ ~ ~owers to restore peace, undertake the adnllDIstratlon of Jammu and Kashmir State and . .. , •• Pandit Nehru's broadcast indicates clearly that the India Govepunent intend to complete iIidique their occupation of Jammu and Kashmir and a get entire control over its territory, under the Jammu superficial, attractive slogan that ultimately the sur fate of Kashmir will be decided by the people of . cette Kashmir. Pandit Nehru has even avoided the use alléchante, of the word 'plebiscite' and has spolœn of a Cachemire ereferendum " which might mean anything. Mter mire. the India Government have established complete le mot mastery over the territory of Jammu and Kashmir, ce the holding of a plebiscite or referendum will be que " . purely a farce. ment " Cachemire, tout ., , .. In the meantime, feelings throughout West Pakistan and tribal territories are nmning very high and will soon get beyond all control. Mter the ghastly massacres in East Punjab, it is imI?ossible to expect the people to witness patIently a tragedy on an equal scale in Jammu and Kashmir. Pakistan tribus nables. Pendjab le tragédie Cachemire. mais la nos sont mille de mort. est s'impose. exposé de ensemble. .. Very little news of Jammu is allowed to reach the outside world, but the situation .there is , extremely graye. According to our information, , thous~ds. of Muslims are being massacred every day. In Jammu City itself, 90,000 Muslims are bottled up and are in imminent peril of their lives. , The proble~. is so inflammatory and dangerous ! that 1t. requrres an immediate'solution. AlI this was fully impressed ùpon the Governor-Géneral \ of India·in the talk that the Governor-General of Pakistan had with him. This was the fourth attempt to settle the matter by negotiation, and every one Df these attcJ.Ilpts \Vas made on behalf of Pakistan. We had fust offered to send a representative to discuss matters with the Kashmir Government, and actually sent him, but the Prime Minister of Kashmir declined to discuss the matter with him. The Prime Minister of Kashmir then asked for an impartial inquiry, and we at once agreed. We asked them to nominate their representative, 'and we have heard nothing furtherwith regard to that. We then suggested,that the Prime Minister of Kashmir should come ta. Karachi to discuss matters, so that a wasy' might be,iound out of the situation by amicable means. This offer wasnot accepted. We then made this suggestion after the situation had deteriorated a great deal by the unilateral action that the Dominion of India hâd taken withoutconsultation with ùS-,without any tefe- rence to us-in sendihg theit troops into Kashmir. This was a'suggestion ,which~ 'if adopted, could easily, ,hâve stopped any further bloodshed in Kaslimii. Either' the tribesmen who were coming in from outside would have taken the warning issuedto them ,and stopped the fighting, or the t'Wo Dominions together \Vould have,fought them and excluded themfrom Kashmir and Jammu territory. But thïs again was tumed down, and therefore,no solution along these lines became possible. Nd direct reply,. was given" but ,the, Prime Minister Of'.India subsequetttly explained' that he had dealt with the matter in bis'broadcast. In, the subsequent telegiamthat 'he dispatche'd on 8 November'l:947, be'stilladhered to the position that the Gov.emnient of Pakistan should publicly underlake to do their utniost ta compel the raiders to withdraw from Kashmir, and that the Govern.- ment of India''Wouldtepeat their declarâtion: that they 'wouldwithdraw ,tbeir ttoops' front Kashnfu soil'as' soon: as the raiders'had;wïthdiàWll, and law'and :ord~r had beetttestored. OJflONovembe~1947, thePritp.e'Minister of Pakistan.a.ddress~danôthertelegramto the. Prime Mùiïster of"Indîar wlûch-was ,sent ITom." Lahore àJld,not fr0IllKaiacntLahoreand Delhiareinüch closerto· each other than Karaé.bi'and' Delhi àre. BefWeen Lahore' and Delhi 'there is a distance only of about 300 miles" and there is dir~t rail Il If 1 had been fit enough to travel, 1 should have come to.Delhi, but unfortunately 1 am still confined to bed. 1 therefore invite you to come to Lahore at an early date convenient to you for a discussion of outstanding questions and hope that you will be able to accept this invitation." In reply, there was a long telegram from the Prime Minister of India, but this point is dealt with in the following two paragraphs : Il Sheikh Mohammad Abdullah is at present the head of the Kashmir Administration, and anything relating to Kashmir must necessarily have his approval and cotISent." 1 should like to ask, at this point, if that is any way of settling a problem? Sheikh Mohammad Abdullah is the President of the National Confe- rence in Kashmir, one of the two contending political parties, which takes a view on this matter of accession which the other party repudiates. He has been associated with the administration of Kashmir by the Maharajah, no doubt at the suggestion of the Prime Minister of India. When , a suggestion is made that the two Prime Ministers should meetto find a solution of this problem, the Prime Minister says that Sheikh Mohammad , Abdullah being at presenJ the head of the Kash- mir Ad111inistration-tltat is to say, the gentleman who is their own nominee for that purpose- anything relating to Kashmir must necessarily have , bis approval and consent. That prejudges the whole question of the plebiscite. The telegram of the Prime Mini..ster of lndia goes on to say: .. 1 would be glad ta- meet you to discuss these other matters, but for the next few days 1 am completely tied up with an impor- tant meeting of the Congress Working Committee and the All-India Congress Committee. The Constituent Assembly follows immediately after. Our meeting, 1 hop~, would be helpful, but it can only bear results whên aIl raiders have been driven , out of K.ashmir and the Pakistan Government' has declared its firmpolicy to the exclusion of these raiders fr()mKashmir." . -Again 1 appeal to the Security Council. The two ,matters: in cQntroversy between the two Govemments were how to deal with this situation including the incursion of the tribesmen int~ Kashmir, and howthe free pleblscite to enable the .peo.ple of KashInir to express their unfettered cho~ce ~ the matter of accession is to be arranged. : The Pnme Minister of Pakistan makes thisilith; attempt to come to sonie settlement and invites the Prime Minister of India to Lahore 50 that together they may he able to fipd a way out. T~~ Prime Ministe~: of India lays down two conditions. One condition is that in order to detennine what shall be done to get ridof .the so-called raiders from Kashmir, .. You mustfirst Then, after detailing what steps had a1ready been taken by Pakistan to bring about an amicable settlement of these matters, the Prime Minister of Pakistan goes on to say: '.. There îs not the slightest doubt that the whole'plot of the accession of .Kashmir to India was pre-planned. It cannot be justi:fied on any constitutional or moral grounds. It is quite clear now that wnat the India Government are after is permanent occupation of Kashmir.,(They can maintain this occupation orny by liquidating the Muslim population of Jammu and Kashmir, who, are now suffering military repression, in its worst form, .and who are struggl- ing for their freedom, and, indeed, for their very existence, againstheavy odds. The India Govern- ment's whole conduct is based on 'might is right' and on the belief that Pakistan is unable to fight them. If the India Government are allowed to follow their imperialist land-grabbing policy, this will have repercussions not only in Asia but throughout the world." The telegram goes on to say: .. The funda- mental'prinèiples. of the Charter of the United Nations isto prevent might prevailing over .right. .. In view of the stand you have taken, 1 see no other way ta a peaceful settlement except a reference of the whole question ta the United Nations. 1 sent you a copy of the Press statement 1issued on 16 November, in which 1 have made this proposal. 1 hope you will agree that in the present circumstancees this is the oruy fair and peaceful solution," This was the sixth tiffer made by Pakistan. In reply ta this, the Prime Minister of India said in bis telegram of 21 November: .. The specifie suggestions regarding the refe- rence ta United Nations in your Press statement are: CI c 1. The United Nations should immediatelv appoint representatives in Jammu and Kashmi.! in arder ta put a stop to fighting and repression of Muslims in the State.' , CI Since the United Nations have no forces at their disposaI, we do not see how they can put a st~p ta ~ghting or to alleged repression of M:u~lims. This can oruy be done by an organized military f::>rce, and is being done by our troops. The fighting would also stop as soon as raiders were made to withdraw, and 1 have repeatedly aske~ your co-operation in stopping transit and supplies ta raiders through Paldstan territory. " '2. To set up an impartial administration of the State.' CI It is not clear to me what the United Nations caIl; do in the present circumstances in Kashmir until peace and orderhave been est8.bJ1s~ed. We a.re convinced that Sheikh'Abdullahl S itw.l1Îmstra- ~on ~ based on the will of the peuple and is 1 lD1partial. Oruy he who goes ta Kl".llhmir and se~:3 oc, 3. To undertake a plebiscite under its direction and control for the purpose of ascer- taining the free and unfettered will of tbe people of the State on the question of accession.' oc 1 have repeatecUy stBted that as soon as the raiders have been driven out of Kashmir or have withdrawn, and peace and order have been esta- blished, Kashmtr should decide the question of accession by plebiscite or referendum under inter- national auspices such as those of the United Nations. It is very clear that no such reference ta the people can be made when large bodies of raiders are despoiling the cOlmtry· and milital'Y operations against them are being carried on. By this declarati..m 1 stand." He added, in the last paragraph of fuis tele- gram : .. 1 did not suggest that the Pakistan Army was participating in the raiding officially. We passess, however, me' ttrovertible evidence that members of the Pakist<w Army, whether on leave or deserters, have jomed the raiders, and that military equipment which can only have come from the Pakistan Arr.lY has been in the posses- sion. of the raiders." For the reasons set forth in these paragraphs which 1 have read out-ior whatever they are worth--+-that suggestion was not immediately taken 'J:lp. On 22 December, however, a letter was delivered to the Prime Minister of Pakistan which contained the proposal to refer the matter to the Sr-curity Councn in the form which it has actually. been referred. ~In the meantime, the Prime Minister of Pakis- tan bad addressed the Prime lVllnister of the United K,ngdom in a telegram dated 24 Novem- be.X', in which he had :;aid: l.1 The oft-repeated promise of the India Government and Pandit Nehru tbat they are willing to~ave a plebiscite in Kashmir is intended to mislead the world. There is no dispute that a .plebiscite JIi.ust be held as early as possible. asserting the free will of the people of Kashmir. This is l1()t the question in dispute; this is axiomatk. The real issue is how this is to be done. Il You say the que~tion.hasbecome intractable. It has been made purposely so by the Indja Government. .If the India' Government ishonestly and genuinely desirous of ~fair and peaceful settlement of theKashmir qliestion,they· should immediately agreethat fighting must cçase antl Dot take shelter· bebind the sJoganthat the raiders must be driVfP out. ft is not the so-called raiders, but the people of Kashmir, who are fighting against heavy odds to end.Dogra tyranny and·ta pr~vent IÇashmir from falling· into the hands of the 1ndia Dominion. The telegram went on to say: .. The India Government's insistence upon the retention of their troops in Kashmir until they have restored Iaw and order to their own satisfacti'.m can onlv mean that India troops Will stay in the State unill they have cmshed by military force aU opposition to their permanent occupation of Kashmir. The methods by which the maintenance of law and order is used to consolidate an alien rule are well known. The Muslim population of the State has veen feeling the impact of these methods in full force. The true leaders of the Muslims and the 1 politically conscious among them are; with t'heir familles, the special targets of this repression." PracticaUy aU the leaders of tlie Muslim Confe- rence are actually in gaol, anG anybody who has made himself vocal on the matter of accession ~o Pakistan has been rounded up. My information IS, although 1 have not been able to check it, that certain parts of Srinagar town, where there was a great feeling in favour of accession to P,l1dstan, were at one time eut off from the benefits of the ordinary municipal services. The telegram of the Prime Minister of Pakistan then continued: .. In spiteof the protestations of the fudia Government, the number of Muslim refugees into Pakistan swells 'day by day and is now over .200,000. AlI these refugees bring; with thern homble tales of most iohuman atrocities. 1 repeat tb.at what the India Govemment is after is permanent occupation of Kashmir, and they know that they cannot achieve this object until thev have chan~ed the composition of the population by converting the Muslim majority into a mino- !lo/. ~ehind their high-sounding phrases stands. t?is .hldeous reality, the eIimination and demora- lization of a whole population by violent means, and any proposal which fails to tackle fuis basic ; fact offers no real solution. Ci The above ànalysis shows that, first, fighting mUst stop and aU outside forces must withdraw . and, secondly, what is no less essential that th~ !<as~ administration must be taken dver by an Impartl~ andindependent authority immediately. Not until the~e conditions are fulfilled is there any ho~e. of gettmg a free plebiscite, whic:h, :a our Opll110n, need not wait till the spring. " l ~ope you now ~ealize the actual position. If tou Will consll1er these basic facts, you will; 1 op~, support our proposaI that the United Nationsshould immediatelysend out a commis- On 12 December, the Prime 'i\1inister of India telegraphed to the Prime Minister of Pakistan as follows: cc We have givenfurther thought in the light of our discussion in Lahore to -the question of inviting the United Nations to advise us in this matter. While we are prepared to invite United Nations observers to come here and advise us as to the proposed plebiscite, it is not clear in what other capacity United Nations help can be sought. .. According to your own declaration to us, you are not party to the present struggle in Kashmir. We cannot :treat with irregular invaders as aState. No government. can deal with such raids which have brought death and destruction to Kashmir except by military ·means. We owe an·obligation to' the people of Kashmir to restore peaceful and nornla! conditions, and we pledge ourselves to this end. We would be glad to co-operate in an attempt to restore peace by settlement." A curious point is raised here. We say cc Let us refer the question to the United Nations." The answer is, cc You are not a party". Therefore, whn shaIl go as a party before the United Nations and who shall treat as a party? India says to us: cc You are. not a party and the raiders are not aState. We cannot treat with them. Therefore, apart from sending observers from the U~ted Nations, what can the United Nations be invited to do?" And aIl the time, a complaint is being made that Pakistan is not co-operating, that Pakistan should be caIled upon to do certain things when Pakistan itself suggests and invites .the procedure that the United Nations be approached in order to finda way of settlement, of arranging a plebiscite, of impartial administration, and so on. Oh yes, but there is this difficulty cc You are not a party to the dispute". Before l go on to the reply sent by the Prime Minister of Pakistan to the Prime Minister of India in his telegram of 16 December, 1 should lilœ toread further from the telegram which l was reading, the telegram sent by the Prime Minist~r of Indià., It continues as follows : cc l trust that you will appreciate the logic anq the reasonableness of ourposition, and our earnest desire to find a solution that is honourable to aU concerned. 1 hope to Illeet you when you visit Delhi on 22 December to attend the next meeting of the Joint' Defence Council and to discuss this matter further. with ynu. ..1 confess,however. tha, l find mysçff unable cc During our discussions in Delhi and Lahore, 1 explained to you how vital a place Kashmir occupies in relation to Pakistan. The security of Pakistan is bound up with that of Kashmir, and the ties of religion, cultural affinity and eco- nomic interdependence bind the two together still closer. The security and well-being of the people of Kashmir are of the highest importance to the people of Pakistan. We are therefore vitally inte- rested in peaceful and honcurable conditions for the people of Kashmir so that, free from pressure, external or internal, they might, of their own free will, decide to which Dominion they wish to accede. The test of any course of action should therefore be whether it leads to the creation of conditions in which a really free plebiscite can' be held. Il To my mind, the problem can only be solved by an act of statesmaI!ship in the light of the basic realities of the situation, and not by legal disputations as to hQw Pakistan is a party to the dispute and how the United Nations can be brought in. le sion communication 'mier Ministre de Pakistan graphes être Unies l'histoire le émanait la que sayer vous toutes, tions été rInde du représentant de l'Inde passé aucune ment n'est intervenue dans les • Il 1 hope that when we meet on 22 December, we shall be able to discuss the matter in this spirit." On 12 December, as 1 said, that message was handed over by the Prime Minister of India to the PrÎnle Minister of Pakistan. It said that the Government of Pakistan did a, b, C, d, e, and that the matter must be referred to the United Nations and to the Security Council. That finishe!l the history of the attempts made to settle the matter amicably. Every one of these attempts was made on the side of Pakistan. Yet today, the position is taken up Cin behalf of India that Pakistan has refused to co-operate in order to try to find a solution. Here are at least seven attempts which were- made, each of which .was turned down by India. 1 now çome to some of the specific hllegations that have been m&de in the statement entered on behalf ofIndia the day before yesterday [227th ?'leeting] with regard to Pakîsta,n's complicity, as It described, in the situation in Kashmir. The representative of Inma starts with a statement that they were innocent even of aIl knowledge of what \vas 'going ôn in Kashmir until the eveof Kashmir's accession to India. He said: cc India came into the picture of the present developments on Kas~ only on the eve of signing the Înstru- However, 1 would request the members of the Council ta examine the verbatim record of the statement of the Indian representative. He stated ; U India was, of course, vitally interested in the decision that the State might take in regard to ,accession." Being vitally interested, they invite the Council to believe that thougb they were interes- ted in the decision, they took no interest in what was happening. The paragraph continues as follows: U Kashmir, because of her geographical position, w~th her frontiers contiguous with those of countries like the Union of Soviet Socia- list Republics and China, is of vital importance to the security and· international contacts of India. Economically aIso, Kashmir is intimately asso- ciated with India. The caravan tracie routes from Central Asia ta India pass through Kashmir State." Is it ta be believed that the .Govemment of India did not know what was going on or contem- plated with regard ta accession, that they did not try ta influence it? 1 have some knowledge of the methods-tender, affectionate, persuasive-that the Dominion of India has employed in persuad- ing the States ta accede ta India. 1 am sure the representative of India will forgive me if, as a result of that knowledge and that experience, 1 refuse ta believe as true the 'statement that the Govemment of India took no interest in and was not aware of, what was happening in Kashmil'. U Nevertheless," the repre- sentative of India continued, .. we have at no timf' put the slightest pressure on this State to accede ta thè Indian Dominion, because we realized that , Kashmir was in a very difiicult position.'· Indeed, the Govemment of India had been sa anxious about these matters that in the case of Junagadh, which legally, constitutionally and legitimately acceded ta Pakistan, they have carried out their <>bligations in respect ta such accession in the most scrupulous manner. We shall come ta the details of this matter when 'the Security Council reaches the second part of its agenda. ,. WhUe a standstill agreement with India was being negotiated," the representativ\J of India continued, U we 'leamed that pressure was being .applied on Kashmir by the Pakistan authorities with a view ta coercing it into acceding ta Pakistan." A few paragraphs after this statement appears the following: .. Since then, we have come ta lœow of the pressure which had beenexercised by Pakistan· for obtaining the accession of the With regard to thîs scrupulousness with willch they observed the standstill agreements on either side, 1 will at this stage cite only one instance with respect to Kashmir. 1 will not complicate the matter by taking up Junagadh. .'. " 1 explained yesterday to the Security Council what the standstill agreements mean. Kashmir had arrived at a standstill agreement with Pakistan with regard to her communications, supplies, and post office and telegraphic arrangements. This agreement became operative on 15 August. By this postal arrangement, the postal and telegraphic services in Kashmir were run by the Pakistan Govemment. Yet, on 9 September 1947, before any kind of trouble, or dispute had arisen, the Postmaster General of Ambala in East Punjab- and therefore within the Dominion of India- posted Risha Rejena, an officer of the Dominion of India, in charge of the Kashmir Postal Divi- sion. This fact would be unbelievable, if it were not true. .','" A division took place between the two Domi- nions on 15 August 1947. Between the two Dominions themselves and apart from Kashmir, the entire Kashmir Postal Administration is allotted to Pakistan. That is an arrangement wmch exists between the two Dominions. There is an arrangement between the Dominion of Pakistan and the State of Kashmir whereby the Kashmir postal telegraph services will be run by Pakistan. Yet on 9 September 1947, their postal authorities deliberately appoint one of their officersin charge of the Kashmir Postal Division, without any intimation' to this effect being received by the Government of Pakistan from the Governmentof India. No explanation was' given for this unwarranted interference with the operation of the standstill agree$ent. The • 2, ~os~aster General of West Punjab reported this m J:ûs telegram of 17 September 1947 to the ~akistan Government. A· protest was lod.ged with the Government of India by a telegram which states" Foreign, New Delhi .. in its heading. No rep~y to this telegram has been received. Yet,.the !ndian Government states that itdid not take an ~nterest in those affairs and has not intervened ID any manner. What is this, if Dot an attempt ._~ :;f~è.'~""";":"'~':":-::~~~~"'_<~~-7\~~t!",~!!,~it!._~!!!J'MIt:"I_.!IJJ!\Il''''' Another directive from the Director-General of Postal Telegraph at New Delhi which is addressed to a11 foreign postal administrations and which bears the number D 98-2/47, dated 27 Septem- ber 1947, has as its subject .. Make up of airmails for the Dominions of India and Pakistan." It is signed by the Director. Included are several places in East Punjab and Kashmir. They had a!ready included Kashmir in their Dominion on 27 September, four weeks before there was any move, according to them, on the part of the Maharaja to accede to the Dominion of India. Acts speak very much louder than mere pro- fessions of innocent intention, and innocent conduct. When Pakistan protested, no notice was taken of the protest. Yet, th~y were not aware of what was going on ; they were completely indiffe- rent in respect to the difficulty in which Kashmir \Vas placed. Again, it is said by India: .. We did not even think of accession or a military action l.ill.til 24 December ". Sheik Mohammad Abdullah, who had been convicted and sentenced-most unjustly, ! am quite certain myself-on a charge of treason, and who had aIready been in jail for eighteen months or so, was suddenly released-and 1 am happy that was so-and proceeded to Delhi. For what purpose? What was he doingthere? 1 am not suggesting he was doing anything unlawfu1, but 1 am suggesting that he was negotiating the terms of accession to the Government of India, on behalf of His Highness the Maharaja of Kashmir, against whom-according to the Maharaja of· Kashmir, not according to me-he had been guilty ()f treason for which he languished in jail for eighteen months. He.was aIready there eveIi. ahead of 22 October, the fust date on v/hich any incur- I a1readyexplàined yesterday what the condi- tions were in East Punjab and West Punjab during that period. Practically no normal traffic was moving between the two territories. None could move. There was so much killing going on. The only traffic was that of refugees, and they some- tinles, even when under military escort, were massacrèd. Therefore, it was not only Kashmir that was suffering from lack of supplies; West Punjab itself was suffering from lack of supplies. If under those conditions, diffictùties were experienced in moving supplies, it was ne,t a pressure being put upon Kashmir; It was due to the circumstances then existing. This was explained in the telegram of 20 October from the Govemor-General of Pakistan to His Highness the Maharaja of Kashmir. Then, railways in western Pakistan were expe- riencing great difficulty in maintaining services -even behind their frontiers, where this question of refugees and killings and mpssacres was not acut:e--owing to lack of ('oal. Coal had to come from the Dominion of India. The Dominion of India was experiencing difficulties in the matter of supply of coal to Pakistan, and Pakistan, consequently, was .experiencing difficulties m ninning its railways and other communiations. "j, Then there was a third factor. The Dogra troops were JdHing Muslims inside the State of Kashmir, and Muslim lorry-drivers of vehicles that would normally have carried these supplies from Rawalpindi into Kashmir refused to move, even in respect of such supplies as were aIready available inside West Punjab, unless military escort was provided. It was repeatedly explained to the Kashmir auiliorities that the West Punjab Government, having regard to much more urgent calls upon them, was unable to supply military escoTt for these lorries. These and others were th'AiSons for the interruption of supplies, and not any kind of pressure that was being put upon the Kashmir Government to decide one way or the other. The next grievance that is stated by the Indian representative is that the difficulties that were being experienced by the Kashmir Government, and which were placed before the Governor- General of Pakistan in the tele'!l'am of the Prime Minister of Kashmir of 18 October, were not adverted to, or werenot spêcifically dealt with by the Governor-General. . . ....----.- This m.atter is· dealt -with in the portion of the representative of Lldia's address setting forth the au pas y la These were'the specific alIegations ; these are the replies. Maybe in dealing with the matter at this stage it might he contended, either on behalf of Kashmir or on behalf of the Dominion of India, that they were not satisfkd with these replies or that they were not willing to accept them as satisfactory. But surely, ina responsible document which practically amounts ta a com- plaint charging aState with failing in its obligations, it was not proper ta say that the Governor-General of Pakistan, in his reply dated 200ctober 1947, .. made no effort to answer the specifie accusations "-:-and this is only one para- graph that l have read from that very long tdegram. . Here was an answer to every one of the specifie accusatiolls made. But the impression sought to be creaîed in it is clear, This long telegram from the Prime lV~inïster of Kashmir is set out,-quite properly; .1 am making no complaint on that SCOle-detailing the grievances, and in one sen- tence the reply is disposed of by saying that no attempt w~ made to meet the specifie accusations; whereas in none of the telegrams and replies from the~~mir Government, several of which 1 read .to the Security Council yesterday, was any.attempt c1~e en j'ai tr~s maintes du a lui hier Je velle, ces Ce destruction souffraient certains même, de leurs te mais néanmoins Ministre. que il It has unfortunately become a habit with the Govemment of India simply to deny whatever they find is inconvenient either to deal with or to answer. 1 cited an instance, from personal knowledge, of my own home yesterday. 1 have made no representation. The news. came; 1 read it; 1. was sorry. 1 knew these incidents were happening on an extensive scale. It was no time to mourn over the loss of one individual home when so many people were suffering much more grievous Esery at the time. But some of my friends, as 1 said, in the Indian delegation itself, came ta express their sympathY to me. 1 expressed the same point of view to the Indian delegation, but apparently the leader sent a telegram to her brother the Prime Minister, and the astounding reply came back that inquiries had been made by the Government and no~.hing had happened at Qadian. When one receives that kind of reply, one lmows how much faith to place in the denials and the declarations of a Government of that kind. Further accusations are made with regard to the specific matter .of incursions into Kashmir itseIf, and it has been said that the Pakistan Government is guilty, on the evidence which has been inSt811ced and which, it 'is said, is in the possession of the Govérnment of India. For instance, the !ndian statement says, .. Captured vehicles have Pakistan number plates on them." That is to say, vehic1es captured in Kashmir have Pakistan numbers on them. But what is there to show that those vehic1es were not in Kashmir on legitimate business or had not proceeded, so far as Pakistan is concemed, into Kashmir on legi- timate business and that they were not subse- quentIy captured? There is no evidence that the Pakistan Government, as snch, employed tl,')se private vehicle~. The number plates merd:! ',:,c~n that they were registered in Pakistan, not L..:: tf ~ Government of Pakistan employed those ve1ncles for sorne nefarious purpose. But surely there is a wide gulf between a vehicle or several vehicles bearing Pakistan number plates being in Kashmir, yvhere ordinarily they would be in large numbers m any case and the Pakistan Govermnent's being responsible for having employed them for some nefarious purpose against the Government of Kashmir. • . Then the representative ·of Inma said that somebody observed that petrol was supplied at Pakistan pumps, without coupons or payment, to motor lorries carrying tribe~mefi. AU that is ~~t and that could be ~eant by .. Pakistan When it is said, .. without coupons," that in itself is an admission that the Government was not authorizing the issue of this petrol. If the Govemment had authorized the issue of this petrol, it would have issued coupons for it. When it is said that petrol is. being issued without coupons, that means that either the companies or the managers of the pumps were doing something illegal in the nature of black market activities, or, if the petrol was really issued without payment, they were doing; something out of their sympathy for this movement. Even if the allegation is taken at its worst-and one does not know whether the allegation is correct or incorrect in itself-they were doing something illegal in order to help this movement which was going on in Kashmir. How is the Government implicated when it is a matter of the issuance of petrol without coupons? If it were, said that some Governmental department .had issued coupons in order to procure petrol for these vehicles, there would be a measure of res- ponsibility to be laid upon somebody. Yesterday when 1 was making my subttrlssion 1 read reports from foreign correspondents in which they pointed out that in East Punjab and in Delhi itself there was a large movement of jeeps and other vehicles using petrol, taking Sikh killers about from one place to anothêr, and they wondered who supplied the petrol and who supplied the arms. 1 am not talking now of Patiala State or Kapurthala State or of Nabha State, where it might he said the State authorities were involved. 1 am talking of East Punjab and of Delhi itself, the capital of India. Who supplied the petrol? If it was supplied in exchange for coupons, then it must have been the Govern- ment. If it was done without coupons, then apparently, under the very nose of the Govern- ment of' India in the Indian capital itself, there are m.eans of obtaining petrol in that way, let alone in far-away places nent the frontier where there obviously,cannot be so much supervision and, so much observance of incidents happening as there can be in the canital of the Indian Dominion itself. But so much 'play having been made, of, petrol having been sUPl'Hed without coupons, 1 assumethat in Delhi it was always supplied'with coupons to enable these people to go about andkill Muslims. Those coupons mu~t have been issued by the Govemment of India. It 1s then said that~esepeoPle have arms of various descriptionsandthatthose arms could 1 1DV1t~ by the Pakist8!1 Gove~~nt ID 1~ repre- a sentation ta the Secunty .CouncillS the failure of le the .Govemment of In~a to hand over t? the au Pakistan Govemment 1ts due share of military stores. Pakistan is woefully short' of its quota, maten~ much less could it supply anybody out of it. tr~ lUi que début, fonnes d'autres contre déclare ments. ces du de seulement, Nations satlor., formes explication guerre toutes toutes munitions dans .à TI compétents It is then'said that these people who originaIly were without greatcoats and uniforms now have them and other things. This is another bit of evidence used against the Pakistan Govemment- that it must have supplied these people with these articles. 1 shaIl presently be able to show that all of these people within the Kashmir terrltory itself, sixty thousand ta seventy thousand in Poonch atone, who had been fighting in the forces of the United Nations, upon their demobilization were permitted to retain their uniforms and their badgt'~. Therefore, that in itself is a good enough explanation. But equipment of that kind, namely, clpthes and sa on, after the end of a war such as the one through which the world has recently gone, and aU sorts of military stores, arms and ammu- nition, are in·certain areas of the world floating about loose, and a good deal of illicit traffic in them is going on. We may pretend innocence in these matters as much as we like, but we know what is happening in different parts of the world. These supplies are not difficult ta obtain. Quite large quantities of this type of clothing and equip- . ment have been legitimately dïsposed of and are being disposed of by the Disposal Department of the Govemment of India itself. Anybody can go and buy this type of equipment, including steel h.elmets~ It ls much more difficult today for an honest man ta try to procure by honest purchase a decent .overcoat than it is to get a much better and much warmer army greatcoat. It is the same with regard to everything else. III the fust place these people may have those supplies' legitimatelybecause large numbers of them have been .in the armed forces, andupon It is then said that camps for training in small aJ.'nlS and elementary tactics have been esta- blished ûn the Pakistan border ta train, if you please, these independent tribesmen in elementary marters of warfare. 1 would again invite the atten- tion of the representative of India ta the fact, wbich he can ascertain from any Britishmilitary officer who has served on the frontier, that the tribesmen stand in no need of training in the use of small arms and in military tactics. If that had not been sa, one of the biggest headaches wbich had always confronted the British administration in India would not have arisen. These tribesmen have never stood in need of training in the use of arms. They manufacture arms,and they start playing with them as children. It is not necessary to ask anyone about this fact. Let anyone take a trip on the road from Peshawar ta Kohat through tribal territory. The road was British but it now belongs to the North West Frontier Province. On both sides of the road dwell the independent tribesmen. 1 have beèn along that road twice and 1 was amused to find one ragged tribesrnan with a rifie slung over bis shoulder, minding two donkeys that were gt'a7lng. 1 aIso saw two village minstrçls pI'Oceeding from one village to another, possibly going to entertain at a wedding and eam a few pennies, each having a rifie. slung over bis shoulder. No one in that area dares move about without having 'a rifle. And to talk .about their being trained in the use of these weapons ! ln the Indian statement it is then said that the methods employed by these people indicate that they are lead by professional soldiers. Of course there are, as 1 have said, as many as 70,000 professional soldiers in Poonch itself who have served during this past war. What greater expe- rience do you want in any soldier? They are there and. they· are subjects of Kashmir; they are the people of the Maharaja. These are the people whom he tried to suppress •and massacre bythe use of bis··State troops which ran away, leaving their equipment, at mst contact when these people rose. What more professional soldiers are wanted to lead thesepeople? They are· there.; they are Kashtniris ; they are subjects of Kashmir. and tpey are inside the 8tate. It is then said that the Prime Minister of Pakis- tan hadsaidthat il was· possible---the .Prime Mi- nister of Pakistan is Ilot like the Govemment of India which. deDies everythïng and states that We stated, •• We are particularly perturbed because larJ!e numbers of officers and men of our army are èfrawn from these areas and they are becoming very disturbed. Will you kindly look into the matter and stop fuis kind of fuing happen- ing, .otherwise we shall be faced with a very grave situation." If, when they go home on leave. these officers or men find that their people are being massacred or persecuted, and if some of them take a hand in whatever is going on, it is nevertheless not a case of allowing them ta go on leave in arder to take part in the fighting. Again, unless we know which of them have taken specific part, what kind of action can we take against them? That is the situation, and whatever may be the technical aspect, what would any human being do under those circumstances? As 1 said yesterday, there is a big human question involved quite apart from technicalities and legalities. We know what has aIready happened in the States in East Punjab-every Muslim wiped out or expelled. We know what has happened in East Punjab itself, the territory of .the Dominion. of India-five million Muslims driven across the border and about one million killed, so that apart from a few thousand, there is none of the six million left in that acea. Then something of that kind starts in Kashmir.' How is what is happening in Kashmir different from what happened in Ka- purthala, an Indian State with a non-Muslin mIer and a majority of Muslim population the whole of which has been got rid of, having been massa- cred or expelled ? That kind of thing begins and it is expected that men who are only just on the other side of the border-serving in the army it is true-should, when they come home on leave, observe complete impartiality and neutrality. They are expected to say, .. My brother may have been killed, my father May have been killed, my wife May have been raped and my children butchered, but I am a member of the Pakistan forces and must not retaliate." That kind of thing might be expected of angels, but it cannot be expected of human beings. 1 will, say that a man, .would he a despicable coward if, under those 'crrcum- stl:lnces, he did nothing to help. 'Further on in the Indian statement the grievance is formulated that Press propaganda goes on against Kasbmir and the Domlnion of India in Constitutional questions, legalities and obliga- tions of States apart, any person who failed either to feel or to express sympathy with the victims of the kind of thing 1 described yesterday -irrespective of whether the victims were Mus- lims. or non-Muslims-and who failed to utt~r the strongest condemnation of the aggression that is and has been going on, whether Muslims or non-Muslims were the aggressors, would be less than human and would not deserve to be called aman. It is complained in the address of the repre- sentative of India that no effort has beenmade by Pakistan to stop these independent tribesmen from coming in. By this time the Security Council is aware that 22 October 1947 was the crucial date in that respect. This is a telegram from the NorL~ West Frontier Government to the Pakistan Govemment at Karachi on this date: •• Large number Muslim refugees have entered Hazara District bringingharrowing stories of ati'ocities committed by Kashmir forces. Precau- tlonary measures have been taken along the border to stop tribesmen and local inhabitants from entering Kashmir. About 100arrests have been made of persons trying to cross the border. Lead- ing gangs have been bound under security to keep ·the peace and prevent their· followers from seekingretaliation. The influx of refugees has created a very tense atniosphere. Some retaliatory incursions are probable' as.many stretches of the border are remote from normal communications and ina.ccessible .to control. Addressed toFrontier Pakistan, repeated to Foreign Karachi." Alex Campbell, a Daily Mail reporter, in a dispatch published in that paper on 17 Novemb~r 1947, wrote: .. Five thousand tribesmen who anived in Ab- bottabad yesterday were refused entry into Kash- mir by the Pakistan authorities. We' crossed the Jhelum natural boundary between Pakistan and Kasbmir by the suspension bridge inta Poonch, once a sovereign State but now ooly a district of Kashmir. The boast of the Poonchis, ninety-five per cent Muslinll, it that with a population of five hundred thousand they have supplied more o1diers and won more medals than any other part of India. Eighty thousand of them served abroad with the Indian Army. The old major at Pattan who insisted "-a point to which 1 will retum later when I have :finished reading this report-" on my taking offi my shoes an.~ massag- ing myse1f because 1 was stiff after riding, said, 'During !Wo WaIS we served you. faithfully. There has' never been a case of a Poonchi soldier break- ing his oath to the King Emperor. You repay us 'now by abandoning us now that we can no longer serve you. Not only that, but Mountbatten sends his planes and soldiers to kill us becaui!:e, tired of being slaves, we have risen against our oppressofs.' Everywhere 1 went during the five days 1 spent with the troops at Kotli and Poonch, where bloody battles were in progress, I heard the same thing time and again. It is never the Indian Army; it is always Mountbatten's planes, soldiers or artillery that they are fighting. It was useless telling them that what Mountbatten did was not necessarily by the British. To them he \s an Englishman, a relation of the King for whom they fought faithfully. He accepted the accession of Kashmir against the wishes of the people and sent his troops to subjugate them, so it must have been done on orders from the King." The representative of India then stated further that the Prime Minister of Kashmir hascategori- cally challenged the correctness of the allegations made against him. What does he deny? The first allegation is that we offered to send and did send a representative of the Foreign Office to discuss matters with him : their grievances over supplies, our grievances over the raiding that was taking place. He declined to discuss the matter with our representative. Has he denied this ? ,X have been told,though 1 do not have the What does he deny? Again, our allegation is that he asked for an impartial inquiry. He told us that unless we gave heed to his demand for an impartial inquiry he would caU outside assistance. We agreed to the impartial inquiry. He clid not proceed with it. . What does he deny? Does he deny that he made a demand for &Il impartial inquiry? Does he deny that we accepted his demand? Does he deny that he has refused to proceed with it? What does he deny? The third allegation we make is that these two efforts havingfailed, weinvited him ta come down ta Karachi ta diS"cuss matters sa that we might find an amicable way out of the situation. He did not come. What does he deny ? Does he deny that wa asked him, or does he assert that he came? What are the allegations that we make against Min which he denies, which he categorically denies? Then we are assured, .. Our only interest is to see peacerestored in Kashmir." Yes, but what kindof peace? So far as the Muslims are con-. cemed, your interest, no doubt, is to restore the kind of peace you have·restored in East Punjab. Your abject, no doubt, is ta restore the kind of peace that you have restored in Delhi. Your abject, no doubt, is to restore in this Indian State the kind of peace that prevails in other Indian States, in East Punjab and the neighbouring area, whichare in accession with you. However, to the Muslim that is the peace of the grave; that is the peace of annihilation; that is the peace of banishment. Are you surprised that your definition of peace should not be acceptable ta the Muslims? 1 have no interest in the kind of peace that you restore. Then great play is madeover the Maharaja now becomj.ng a constitutional ruler. What he will become we shall see; what he has been we know. It would be common sense, it would be wisdom ta judgea situation on the basis of what we KnOW rather than on the basis of what is merely held out as a prospect. Then, the Indian statèment says that they desire that peace be restored•.We do not differ over the objective as stated. We desire that peace be re- stored ; we have repeatedly said that fighting must stop at· once and'that' means must be takeIi to lorsque ture à le voudrais kistan : renvoi Aurions-nous, de et ne mettre qui pour pour coopération They then say in the last part of their statement -and when the representative of India read it, 1 thought perhaps it was an invitation that they and we shouId join in this matter to bring about peace _" To my friends from Pakistan, I would, there- fore address this question: You have welcomed this reference ta the Security CounciI. Are '....e jointly so bankrupt of faith in the need for peace, in· human decency and digoity that we cannot, even at this late stage, agr~ upon your taking the action which it is so obviously your duty to take and your calling us to co-operate with you in implementing it, shouId you consider our assis- tance necessary ? " nistre lorsque nous l'avons invité, à prob!fàl' avoir It is of a piece with the reply given by the Prime Mînister of Iodia to the Prime Minister of Pakistan when he invited him, on one of these occasions, to· meet and discuss matters together. He said, .. Yes, there should be a discussion of the matters in dispute--that is to say, how the incursion of tribesmen into Kashmir is to be stopped and how a plebiscite is to be arranged. You want me to discuss these matters, but these matters· c:m only be discussed when you have stopped the incursion of tribesmen into Kashmir and gct rid of them from Kashmir. and when you accept the administration of Sheikh Moham- road Abdullah; that is to say, when you accept the administration of the man who says '.We must accede to India.' Then we shall discuss how the plebiscîte is to take place." ~'est-à-dire pourrait le un .questions, que .hommes en I am sure Mr. Gandhi wouId himself be the fust to say that. no man shouId be put in that position. Since the fast wag started, one hasre- ceived information that the Government of·India They have aIso apparently announced-as on reads in the newspapers-that they are prepared ta hold a plebiscite in Junagadh. 1 do not know what that means. Junagadh is aState that acceded to Pakistan; it is a state, the territory of which has been forcibly, unlawfully occupied by Indian forces. The orny g~sture they can make with re- gard to Junagadh is to get out of Junagadh, and to restore the lawful ruler to the State. Thereafter, they can demand, if they so choose, that a ple- biscite be held in Junagadh, to ascertain the free and unfettered will of the people of Junagadh on the matter of accession. If they do that, they will not find Pakistan unresponsive. 1 should like to discuss one last !!latter, thougll itis not in the sequence 1 have beenfollowing, as 1 .refrained from discussing it in order to give it· special attention. A British offi,çer was quoted as saying that he had observed. certain concen- trations of Pakistan troopsand personnel along the roads outside Jammu; that is, outside Jammu on the road that leads to Sialkot. Jammu and Sialkot are only twenty-eight nilles apart and the boundary runs somewb.ere between. Sialkot is one of the big cantonments in Pa-' kistan. It is not surprising that there may have been Pakistan troops in Sialkot. It would have been very surprising if there had not been because it is one of the places where troops' are concen- trated normally. • But with regard' to the whole of this business of Pakistan taking ahand, or its military per- sonnel taking ahand, in this affair, 1 would draw attention to the various communiqués issued by General Sir Frank Messervey, Commander-in- Chief of Pakistan forces, a British officer held in higllest esteem. On 30 October he issue.d the following communiqué: .. Rumours hav~ been circulated that troops of the Pakistan Army are being employed within the borders of Kashmir. These rumours are en- tirely untrue. No Pakistan troops have been u.~ed in Kashmir.'· Next, on 12'November, it was stated that there is absolutely no truth in the allegations made'by the •Government of India that· serving Pakistan Army officers are directing operations in Kashmir against State forces. And on IS November: Il Pandit Nehru is re- ported.to have stated in a public speech in Delhi on 6 November that the invading armies in Kash- mir had modem weapons and were directed by officers of the Pakistan Army. The Commander-in- Chief of. the .Pakistan Army categorically states thatno weapons havè peen supplied tothe tribe.s- .men froDl the Arlny, nor bas any serving Army .. No units of the Pakistan Army haye deserted," states a communiqué published by Army head- quarters... Numerous reports insinuating Pakistan Arroy's complicity in Kasbmir fighting have appeared in the Indian Press for some time past despite categorical denials from Pakistan p...rmy headquarters. It is weIl known that thousands of soldiers have been released from the Indian Army and large numbers of them belong to Jammu and Kashmir areas. These soldiers on release were provided with one suit of army uniform with their regimental badge on them. If any such persons have been seen, captured or ld.11ed, they are not and cannot be called Pakistan soldi~rs. The only Pakistan soldiers who are permitted to go to Kash- mir are serving soldiers on their normal annual leave. These true soldiers are not being permitted ta carry their anus witt them." That is true so far as the Pakistan Army îs concemed. One matter to which attention is drawn in the Indian statement is that the tribesmen, when they captured Baramula, committed certain atrocities, including atrocities against. the inmates of the local' convent there. 1 have no knowledge 2D.d my Government has no knowledge with regard to what has Rctually been happening inside the Kash- mir State, except so far as reports have appeared or communications have been directly addressed to my Government. But in that connexion, it has been alleged that some of the atrocities that are now being attributed to the tribesmen-and we have no knowledge with regard to whether that is true or false--were committed by the Sikh bands which were operating' in that area also. 1am unable to assert whether that is true or faIse. However, here is something which is interesting in that connexion. This is a lettèr addressed by Mary Philippa, Mother Superior for all the Sisters of Saint Joseph's Hospital, Baramuia, Kashmir, to Begum Shahnawaz and her daughter Miss M. Shahnawaz on 1 January 1948. 1 have the original letter here. The Mother Superior says : ... We cannot let this season of greetings pass wlthout sending you a very affectionate remem- brance from us aU with our prayers and every best wish for a very happy New Year and God's blessings on all your undertakings. We will never forget how you two brav(,; girls of the Pakistan Voluntary Service risked yom lives to save us from Baramula when the bombing and macbine- gunning from the air made our situation there dangerous and impossible." The letter is written from Rawalpindi; it goes on to say: .. We hope to go back to Baramula soon. Other- wise. 1 think we shall all join the Azad Kashmir forces. Please accept a very tiny present we have made for you as a sign of our gratitude and re- membrance of you both. Yours afiectionately, Mary Philippa." In the letter that the Maharaja wrote to Lord Mountbatten, offering bis accession-and that letter evidently was drafted by Mr. V. P. Menon of the· States Department of the Government of India, who was then in Kashmr-, obviously advis- ing the Maharaja on what steps to take in regard to bis accession-the following is stated: .. The people of my State, both Muslhns and non-Mus- lims, generally have taken no part at all in these troubles." Apparently, the case that it is sought ta make out here is that all this trouble comes from the tribesmen, that it is outsiders who have made an incursion into the State and disturbed the peace of that beautiful and happy valley. That is an entirely untrue picture of the whole situation. The correct picture is that the Maharaja, for purposes of bis own, let bis troops loose upon bis people in certain areas, particularly in Poonch; that he let the bands of Sikh and Rashtriya Sewak Sangh volunteers create havoc incertain parts of the Jammu Province of ms State; and that against these barbarities the people of the State rose in revolt~ It is admitted that the whole of Gilgit-in some respects the crucial portion of Kashmir, inasmuch as its border joins the border of the Union of Soviet Socialist Republics in the northwest-has thrown off the Maharaja's authority. It is not alleged that any tribesmen have gone into Gilgit. Then who bas brought about this change in Gil- git? Obviously the people of Gilgit, the subjects of the Maharaja-they are one hundred per cent MusIims, but they are bis subjects nevertheless. Yet, the Maharaja pretends that none of bis people has taken part in these doings, that it is onIy these "outsiders " who are creating the trouble. Consider the trouble in Kashmir itself. AIl the Muslims of ·the Jammu Province, a11 the Muslims of Poonch, such Muslims of the Valley itself as have any choice in th~ matter-because, às 1 have said, the leaders are in gaol and others are being persecuted-are all behind this movement. If this is denied, why does 110t Sheikh Moham- mad Abdullah· make an effort to persuade the Maharaja, if he has no authonty-I understand he is now virtually the Prime Minister-to release The same is confirmed in an article that has appeared in the middle page of The Times of 13 January. Even with regard to these five per c.mt Pakis- tanis, there is this further thing to be remembered. As 1 hav~ explained to the Council, there are as many as five milliO:l rer.lgees from East Punjab in West Punjab today, homeless wanderers, bum- ing with shame and indignation, and witha sense of humiliation over the treatment which they and theirs were subjected to in East Punjab. At the moment, they are without occupation. Any of them who might have gone over into Kashmir to fight there, like the Sikhs who have gone over to kill the Muslims there, cannot in fairness be des- cribed as Pakistanis. If we are to proceed in thîs matter on the basis of niceties, of international and constitutionallaw, they are nationals of the Indian Dominion. They were expelled from their homes, but nevertheless they are nationals of India. If they go over into Kashmir., the mere fact that they were compelled to leave their homes and to go into Pakistan, and from Pakistan to go to Kashmir, does not make them Pakistani nationals. That is the picture ; that is the position. Pakistanais, suivants. dans d'hui Pendjab honte qu'ils oriental. certains mire allés toute nais. placer national sants de ressortissants de l'Inde. le leurs kistan sortissants est gation culminant ne que sont dental. regrettable que Pendjab Cependant, situation, fond fonction ment qu'une Cachemire chemire, What is happening in Kashmir is a continuance ~f ~e process which has reached its culmination ln the State of East Punjab and cannot be di· vorced from it. It would be no answer to say that a good deal of that kind of thing has hap- pened in Westl Punjab also. 1 mentioned to the Council yesterday that it has. It is most regrettable, ?ut it has. It is as deplorable that it has happened In West ~jab as it is that it has happened in East PunJab. However, when you ar~ trying to appreciate a picture, you have got to take the plcture against its background, and judge human reactions against that background. l'The question is: How is~ this situation to be met? It can be met only in one way. When tlle people. of Kaslnnir-when 1 say the people· of Kashnur 1 mean the Muslims of Kashmir because the Hindus, the non-Muslims, are, at the'moment, . 'The Government of Pakistan made a protest. The only reply which we received to that protest was the usual one. Even through the facts con- tained in that reply were untrue, the reply was nevertheless received. Dated 26 November, it states: .. From Foreign, Lahore; to Foreign, New Delhi; Repeated to Pakistan, From Foreign, Ka- rachi: Following from Prime Minister Pakistan to Prime Minister India, under standstill agreement postal agreements are made by Pakistan Postal Telegraph Department. The report has been re- ceived that the wholepostal staff of Jammu and some other staffs and their familles have been massacred. You will agree that this is most deplor- able. It is essential that your Govemment should take adequate measures for protection of our'staff working in such areas in the States as are under your control. 1 shall be glad to know the ar- rangements made." Here is the report subsequently received with regard to what happened : .. The Superintendent of PostaI Offices, South Division, has new reported that the information received by him so far shows that the officiaIs detailed below have either been killed or seriously wounded and their familles were' massacred by the Dogra military and Sewak Sangh party. One, Mr. Mohammed Sharif, B.A., Official Supervisor, Jammu Tawi, has been killed along with bis family. Two, Mr. Mian Khan, Clerk, Sialkot, Head Officer, seriously wOtmded, and bis family members killed. A telegram, copy enclosed, has aIso been received fJ:om evacuees from State territory. It is requested that the ques- tion be kind1y taken up by the Pakistan Govem- ment with the Indian Dominion. Three, Mr. Isma- tullah, Sub-Postmaster, Udhampur. The post office and his private quarters were looted and he was killed. Mr. Jamatu1lah, Sub-Postmaster, Mr. Hashmat Ali, Clerk, and Mr. Ghulam Mohd, Clerk-all these officiais and their familles were massacred in the post office premises. Seven, Mr. Mohd Asghar, Sub-Postmaster, Riasi-he and bis family members were murdered and post office burned. Eight, Mr. Nazir Ahmad Sabir, Sub- Postmaster, Ramnagar; Mr. Nazir Hussain, Sub- Postmaster, Batote; Mr. Ghulam Ahmad, Sub- Postmaster, Bhadorwak; Mr. Abdul Ghani, Sub- Postmaster, Kishtwar-all these officials and their familles arè missing and nothing definite is known aboutthem," But there is the Indian Government's assurance that. nothing has happened. They are perfectly safe; adequate precautions have been taken. This is the kind of peace that these troops have brought to Kashmir and are proposing to bring. What is to be done? AlI these details of the efforts made by Pakistan show what the attitude of the Pakistan Government has been. Every effort, every offer, every proposaI toward that direction has come from us. We still adhere to all those proposaIs. AIl that we want to ensure is this: Everyone who has gone ioto Kashmir should go out: Sikh bands, Rashtriya Sewak Sangh volun- teers, other people who have gone in, tribes- !Den, and any other people who may· have gone In fr~m the Muslim side, and men from Pakistan, Muslims who are Indian nationals and who were refugees in Pakistan-everybodY. They must get out, inc1uding Indian troops.~Merely because they are troops of the Indian Government, from the point ~f view of reassurance to the people of Kashmlr, makes no difference. WeIl, indeed, i~ does make a difference. Therefore, by whatever means may be necessary, the condition ta he brought about is fuis : whether by joint adnùnistration under the two Governors- General, by joint occupation of predominantly Muslim areas by Muslim troops from Pakistan and predominantly non-Muslim areas in Kashmir by Indian troops, by joint occupation in each place, by inviting Commonwealth forces, non- Indian forces altogether; or whether through the United Nations-Kashmir must be cleared. Fight- iog must stop. Kashmir must he c1eared of every- body. Normal adnùnistration must be restored. There should be no kind of pressure, either from the Muslim Conference being in power and holding the: adt;ninistration or the National Confe- rence being ip. power and holding the reins of adInin,istra.tion:.. No kind of pressure should be brought upon the people. The people should then be invited to express the way in which they want ta go, and wbatever they decide, .they should he welcome to do it. 1 am conscious of the fact that 1 have taken a great deal-perhaps a great deal too much--of the Security Council's time 01). this matter, but as the members now realize--and 1 have no doubt you have realized-this is a grave matter in which the lives of millions of humari beings are con- cerned, apart from all the other repercussions that might ensue. The responsibility on the Secu- rity Council's shoulders, on the shoulders of the Dominion of India, and on the shoulders of the Dominion of Pakistan, is great and grave. If bave taken the time of this body during the course of a long afternoon and a forenoon in trying to give the members my view of the picture, 1 am sure 1 shall beforgiven if, on occasion, have .been boring or have appeared ta go ioto details that did not seem important ta the mem- bers. 1 assure themthat 1 have done so out of a spirit of helpfulnessso that aIl the factors In the situation maybe realized. The system a/consecutive' illterpretation was resumed at titis point. The PRESIDENT (translated /rom French) Before fixing the time of our next meeting .and opening the general discussion, 1 should like ta submit the following considerations ta the Security Çouncil today : Having heard the statements made by the representatives of India' and Pakistan, 1 have twa observations to·make. Here isthe fust : lécture 1 _,plexité l ,porte des incombent mettre tion. informe My second observation concerns the complexity of the situation as it emerges after the statements which we have heard. The situation is indeed so complex that, however prompt the Council may he in considering this question, some time must elapse before it can make the decisions and take the steps incunlbent upon it under the Charter. In these circunlstances, it is in my opinion most desirable that the Security Council should itself, today, before any position is taken with regard to the substance of the matter, address itself to the two Govemments with al! the aùthority it has, and exhort them to take iUlmediately al! measures within their power, includiug public appeals to their people, calculated to improve the situation ; and to refrain from making any statements and from doing 01 causing to be done or permitting any acts which might aggravate the situation. "1 !";1 1 think that we should also request the two Governments to inform the Cauncil of any mate- rial change in the situation which oeeurs or appears to either of them to be about to oeeur while the matter is under consideration by the Conneil, and to consult with the Conncil thereon. It seems certain, that even in the initial phase, when its aim is to find out whether the eontinuanee of a situation submitted to it is likely to threaten the maintenance of peace and international secu- rity, the Security Council is quite jnstified in obtaining from the parties concerned, who in this case are Members of the United Nations, all the information and that might throw light on its investigation. That is the purpose of the draft· resolution whieh 1 have the honour of submitting to the Couneil and which 1 shal! now read: :i -1 ;(! :~ ~ .. The Secul'ity Council, .. Having heard statements on the situation in Kashmir from reoresentatives of the Governments of India and Pakistan ; .. Recognizing the urgeney of the situation; 1 l! .~ Taking note of the telegram addressed on 6 January by its President to each of the parties and of their replies thereto ; .. CaUs upon both the Govemment of India and the Govemment of Pakistan to take iminediately a1l measures within their power (including public appeals to their people) câlculated to improve the situation and' to refrain from making any statements andfrom doing or causing to be done o.r pe!ffiÏtting any acts which might aggravate the sItuation; Mr. GROMYKO (Union of Soviet Soeialist Republics) (translated from Russian) : 1 suggest that we postpone, or rather, adjourn the meeting and resume the discussion at our next meeting. The PRESIDENT (translated from French) This motion for adjournment clearly has priority over any other. 1 therefore invite the Council to vote on it. A vote wàs taker. by show of hands, and the motion was rejected by 9 votes to 2. Votes for: Ukrainian Soviet Socialist Repub- lic, Union of Soviet Socialist Republics. Votes against: Argentina, Belgium, Canada, China, Colombia, France, Syria, United Kingdom, Uiliteq States of. America. The PRESIDENT (translated from French) The motion for adjournment is lost. Again 1 invite comments from those members of the Council who have observations to make. 1 1 Mr. GONZALEZ FERNANDEZ (Colombia): My delegation welcomed the very timely action of the President in addressing a telegram to the Govem- ments of Pakistan and fudia, and noted with satisfaction the tenor of the answers, in which both Govemments made a very clear declaration of willingness and desire to abide by the Charter of the United Nations and the decision of the Security Council. The delegation of Colombia now welcomes with great pleasure the proposaI which has just been mad~ by the President, and will vote for it. In view of the very definite and welcome dec1aration of willingness to abide by the Charter contained in the replies to the President's telegram, 1 should like to suggest-Ieaving it entirely to the President to draft any addition should my sugges- tion be accepted-that there should be sorne more concrete reference to the replies of the two Govemments. GeneraI McNAUGHTON (Canada) : 1 should like to associate the Canadian delegation with the proposaI that the Security Council should issue a calI to the Govemments of India and of Pakistan in the terms suggested by the President. 1 believe that no one who has listened to' the statements of the representatives of India and of Pakistan could fail to recognize the urgent and the paramount necessity that the situation should not be aggravated, particularly during the considera- tion of this matter in the Security Council. It is equaIly important, of course, that the Security Council should be kept constantly advised of any AlI the members of the Security Council are noW fully aware of the gravity of the matter, and pending further recommendation or findings by the Security Council, it is, in the view of the Cana- dian delegation, imperative that the Security Council urge both parties to take all measures within their power calculated to impmve the situation and to refrain from any action which might aggravate il. For this reason, we of the Canadian delegation sincerely support the resolution which has been submitted in the Presidem's name and in the terms which he has given. de Tne PRESIDENT (translated fram French) : The third paragraph of the draft resolution is now worded as follows : . vier parties, sentant complété de ft Taking note of the telegram addressed on 6 January by its President to each of the parties and of their replies thcreto ; ". To comply with the suggestion made by the representative of Colombia the following words might be added to '(his paragraph : ft ••• in which they affirmed their intention to conform to the Charter ft. ; Etant d'en utile mesure tout situation. et, Président." Mr. EL-KHOURI (Syria) : Consideringthat the final resolution on this subject will take sorne time, it would be very useful and advisable that the step proposed by the Presidtmt should be taken immediately in order to avoid any movement or any act which would aggravate the situation. It is a step. of appeasement which is valuable, and l therefore support this proposal of the President. listes entendu l'Inde encore déclarations contribuent le gique sentants déclarations déclarations. pour but du pêcher dans sécurité Gouvernements y estime de genre. Mr. GROMYKO (Union of Soviet Socialist Republics) (translated from Russian) : We have heard the statements of the representatives of India and Pakistan and have not yet had time to ~tudy them properly, although they are of great Importance for c1arifying the existing situation in Kashmir and the conditions prevailing there. As we all know, the Belgian resolution was drawn up before the representatives of India and Pakistan made their statements : it does not take these statements into account. It may be said that the object of this resolution is to ask the Governments of Inma and Pakistan to talœ measures to prevent the situation in Kashmir from deteriorating. Such an appeal, however, has alread~ been sent by the President of tl1e Security Council to the Governments of India and Pakistan and appropriate answers have been received from these Govemments. The Soviet delegation thinks, therefore, that from this point of view such a ges- ture by the Security Council is of littIe use. . We think that this question should be studied lU greater detail and that a resolution should be tion MI. ARCE (Argentina) (translated from Spa- nish): 1 understood, Mr. President, that the Security Council had been established by the Charter for the purpose of finding a speedy solu- tion for any situation liable to compromise world peaee and security ;that was my reason for voting against the motion to postpone the subject, and franldy if there were no other proposal before us, 1 should vote for that submitted by the Bel- gian representative. But 1 should not like to do ~o without :tirst expressing-perhaps somewhat mgenuously, for 1 am a new member of the Coun- cil-my profound amazement to see that, after hearing the fndian representative speak of war, followed by '.;imilat though less definite statements by the representative of Pakistan, after hearing the admission by both parties that people are being killed wholesale every day in and outside the State of Kashmir, there is nothing more to be done for the moment than to appeal to these two Govemments to be calm and sensible. Therefore, and in consideration of possible future events, 1 should like to state before the Council and the representatives of India and Pakistan that, while the Charter does not define aggression, an approxi- mate definition of it DOW exists in an international ireaty binding all the nations of the Western Hemisphere. Article 9 of the Inter-American Treaty of ReeÎ- proeal Assistance, signed at Rio de Janeiro, says .. In addition to other acts which the Organ of Consultation may characterlze as aggression, the following shall be considered as such·: .. (a) Unprovoked armed attack by aState against the territory, the people, or the land, sea or air forces of another State ; ., (b) Invasion, by the armed forces of aState, of the territory of an American State, through the trespassing of boundaries demarcated in accor- dance with a treaty, judicial decision, or arbitral award, or, in the absence of frontiers thus demar- cated, invasion affecting a region which is under the effective jurisdiction of another State." . In these circumstances, the Argentine delega- tion would be obliged to consider as an aggressor either of the two States, India or Pakistan, which adopted an attitude of tbis nature, and to act accordingly. 1 think this warning, even coming ·from aState which is not a permanent member of the Council, should have some influence on the attitude of the Govemments of India and Pakis- tan, which haverecently been admitted to the United Nations and enjoy the pleasant illusion of beingdescribed as "peace-Ioving peoples ". This is what 1 wanted to say, before voting on the draft resolution submitted by the Belgian dele- gation, for nothingmore effective can be done for A vote was taken by a show of hands, and the resolution, as amended [document S/651], was adopted by 9 votes in favour, with 2 abstentions. Chine, Etats-Unis Votes for: Argentina, Belgium, Canada, China, Colombia, France, Syria, United Kingdom, United States of America. Abstentions:.Ukrainian Soviet Socialist Repub- lie, {!nion of Soviet Socialist Republics. fl NOEL BAKER (United Kingdom) : 1 asked for permission to speak because, in the spirit which was shown just now by our USSR colleague- namely, the desire that we should quickly come to grips with the substance of the p,roblem with which we are confronted-I wish to make a sug- gestion to the Security Council about the conduct of our work. As the President said this morning, the speeches of the two parties have convinced every member that a serious and critical sittlation exists in India and Pakistan, and we should be frivolous indeed if we did not take heed of the grave warnings which we have received and if we did not do our utmost to bring about a seettlement at the earliest possible·moment. . AIready, by my interventions in regard to the time-table, 1 have shawn thatfrom the. start 1 have b~n deeply impressed with tJ:ie urgency of the situation and that 1 feel coiJ.vinc~d the Security Council shouId not lose an hour in its considera- tion of the case. Every telegram 1 receive day by day, and every item of news in the daily Press, convinces me that this is more true today than ever beforef'PopuIar feeling in fudia and Pakistan is deeply moved. There might be dangerous deve- lopments at anY time. <=: The two Governments-and 1 think they were v~ry wisely inspired in so doing-have laid their differences be~ore the Security Council. Their pur- pose in so doing, of courlle, is to reach a settlement with our help. 1 think they cannot start on that task too soon, and 1 wish to propose that ~e President should now' invite the two delega- tions to meet over the week-end, presided over by. the President himself, .. and that under his gwdance they should try to find, as from now, sorne common ground on which the structure of a settlement may be built. . Of.course, 1 am not proposing-I wish to make It qUlte clear-that the Security Council should break off its work. Now that we have heard the parties, there must be a debate in which the mem- ?ers of the Security Council can voice their views m ~he ~spute anet, as 1 hope and believe, pool the!! wlsdom and wield their influence in favour of. peace. 1 propose, therefore, that, unIess the Mr. AUSTIN (United States of America) : The United States delegation wishes to support the proposai of the United Kingdom repres~ntative that thr, parties seek a solution of their dispute by negotiation. We second the entire proposaI~ but we should like to suggest that, in the interest of progress, itmight be better to recess unill Tuesday moming, thus giving the parties two full days to consider tbis matter. If that suggestion is not regarded as wise by the mover of this proposai, I suggest that the latest hour possible on Monday be chosen, and that we try not to meet before 5 p.rn. Even then, I assume the purpose of the meeting will be such that it will take us, perhaps, late into the evening. That is one reason why I think·it would be wiser for the Security Council to undertake the work that will naturally follow this meeting at the beginningof theday, so that wc can devote a whole day to it. Therefore .I should much prefer, if the repre- sentative of the United Kingdom would accept such an amendment of his motion, that we give time to the parties to caver the ground fully under the guidance of our President, and ta bring this matter back tousso that we cau considerit afresh in the moming. I think we dobetter work in the daytime than we do at night, and if we return here at 4 or 5 p.ttI., we shall be more apt to waste time than if we retumed to consider this matter on Tuesday moining. Therefore, I ask whether the representative of the United Kingdom would accept that amendment

The suggestion which has just been made .involves my taking thé initiative. It· goes .without saying that if such a course is deemed useful,· l' shall coilsider it my duty· to hold myself at the disposaI of the two parties. Butbefore proceeding flirther it .would be advisable to hear what the parties themselves think of the suggestion. Mr. GOPALASWAMI.AYYANGAR (India) : 1 desire at the outset to welcomethe suggestion that has been made by the representative. of the United Kingdom and supported by .the representative of the United States. That suggestion is also Îll. keeping with the principle of expedition which was stressed. so .appropriately by ..the representative of thé USSR. For our part3 we have frottI the beginning stressed the need not merely for urgency but for inlIn.ediacy in the. solution of this problem. The situation .in·. Indiais grave, and during the last two orthree days it has become graver on le notre der le problème sous à empressement, ayant déroulent la ce tions qu'elles nous difficile cours hier questions, réfuter réponse négociations toute et nécessaire rais la convenablement cov.séquent, cussion difficile de Si, tant débats présenter soit documents cette j'approuve d'être There is only one thing 1 wish to add in this connexion. As we shall be engaged on this mission of negotiation between the two parties for arriving at an amicable settlement, it will be difficult for me, if we have to meet, say, on Monday, to beprepared to reply in detail to the speech whicn the·representative of Pakistan made yesterday and today. He bas covered very wide ground. He has brought out arguments; he has tried to traverse our arguments in ways which cali for detailed reply. 1 do hope that the negotiations we start from now on will render unnecessary the making of any reply to what he has said during.yesterday andtoday. But if, unfortunately, it does become necessary for us to continue this debate, then it will he necessary for me to have some time to prepare the material, for the purpose of enabling me to reply adequately to what he has said. Therefore, if the adjournment is until Monday aftemoon, it might be difficult for me to find that tlUle. Ifit is lmtil Tuesday moming, as the representative of the United States has suggested, then 1shall do my best to make that reply on Tuesday, a1though even then, Ishould not have had adequate time for preparing alI the material that may he nt;œssary. With this :final remark, 1 wish only 10 relterate that 1 fully welcome the suggestion that has been made. (traduit ment Sir Mohammed ZAFRULLAH KHAN (Pakistan) : We ~ accept the proposal. Mt. .GROMYKO (Union of Soviet Socialist Republics) (translated from Russian) : There is no need for a formal resolution on this· question. The desirability of a meeting between the two listes pas sur 16. Cablegram dated 17 January 1948 from the Chairman of the Committee of Good Offices on the Indonesian Question addressed to the President of the Security Council (document 8/650).

Although it is late, 1 would ask you to be patient for two more minutes, for 1 would like to read to the Council a cablegram dated 17 January which 1 have just received from the Chairman of the Committee of Good Offices: .. The Committee of Good Offices Wishes to announce that the delegations of the Republic of Indonesia and the Netherlands will sign a truce agreement at the fourth plenary meeting to bé held at 1430 hours on seventeenth January on board USS Renyille. Two hours later identical cease-fire orders and regulations are to go out ta the armed forces of both parties. Innnediately after signature truce agreement both parties will sign an agreement on twelve politicaI principles which are to form agreed basis for discussions for settlement of the dispute. Further six political principles will be presented by Committee to parties at same meeting with request thatboth parties state their replies within fortyeight hours. Further discussions. for political settlement wiJI commence immediately. The Committee of Good Offices intends completing interim report of its activities shortly after signature of the truce agreement. Kirby, Van Zeeland, Graham, and Secretary preparing to leave for Lake Success. Expected date arrivaI thirty-one January. They intend to be at the disposaI of the Security Council in view of possible early discussion of the foregoing developments on the Indonesian question. Il (Signed) KIRBY, Chairman "

The members of the Council will, 1 am sure, be happy to have t~s confirmation of the agreement which has resulted from the intervention of tt_ Committee of Good Offices in the Indonesian question. 1 think 1 may regard it as a happy presage for the settlement of the matterunder our consideration. The meeting rose at 2.5p.m.