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<title>:: GForce :: Yeh Ander Kee Baath Hai</title>
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<P align="left"><font size="1" face="Verdana">India's False claim on Kashmir.</font></P>
<P align="left"><font size="1" face="Verdana">On October 28th 1993, Robin
Raphel stated that Washington did not recognise the Instrument of Accession
to India as meaning that Kashmir is not forever more an integral part
of India. She expressed the view that the whole of Kashmir is disputed
territory, the future status of which must be determined in accordance
with the wishes of the people of Kashmir. </font></P>
<P align="left"><font size="1" face="Verdana">The International Commission
of Jurists (ICJ), based in Geneva, recently, passed a resolution proclaiming
Kashmir's accession to India as bogus and null and void. The ICJ went
further by condemning the human rights violations in Kashmir. These events
serve to highlight the disputed status of Kashmir by focusing on the fraudulent
nature of the Instrument of Accession which was 'signed' by the Mahrajah
of Kashmir on 26th October 1947. </font></P>
<P align="left"><font size="1" face="Verdana">The Indians claim that the
Instrument of Accession was signed by Mahrajah Hari Singh on 26th October
1947, in which the Mahrajah agreed to accede to India in return for military
assistance to put down the popular rebellion against him, seen at that
time as an invasion by tribesmen from neighbouring Pakistan. The details
of the accession were worked out between the Kashmiri Prime Minister,
MC Mahajan and the Indian official, VP Menon, in Dehli. However, there
are serious doubts about the signing of the document. Alastair Lamb (in
his book, Kashmir - A disputed legacy 1846-1990) points out that the Instrument
of Accession could not have been signed by the Mahrajah on 26th October
as he was travelling by road to Jammu (a distance of over 350 Km). </font></P>
<P align="left"><font size="1" face="Verdana">There is no evidence to suggest
that a meeting or communication of any kind took place on 26th October
1947. In fact it was on 27th October 1947 that the Mahrajah was informed
by his MC Mahajan and VP Menon (who had flown into Srinagar), the the
Instrument of Accession had already been negotiated in Dehli. The Mahrajah
did not in fact sign the Instrument of Accession, if at all, until 27th
October 1947. This sheds doubts on the actions of the Indian regime. Some
Indian troops had already arrived and secured Srinagar airfield during
the middle of October 1947. On 26th October 1947, a further massive airlift
brought thousands of Indian troops to Kashmir - BEFORE the signing of
the Accession. Therefore, this situation begs the question: would the
Mahrajah have signed the Instrument of Accession had the Indian troops
not been on Kashmiri soil? </font></P>
<P align="left"><font size="1" face="Verdana">No satisfactory original of
the Instrument of Accession has ever been produced in an international
forum; a published form has always been shown. Further, the document was
not presented to Pakistan or to the UN. In the summer of 1995, the Indian
authorities reported the original document as lost or stolen. This sheds
further doubt on whether the Mahrajah actually signed the Instrument of
Accession. The Governor-General of India at the time, Lord Mountbatten,
stipulated that the permanent accession of Kashmir to the Indian Union
will only be accepted once the people of Kashmir had been consulted. He
noted in a letter to the Mahrajah, "the question of the states's accession
should be settled by a reference to the people". Furthermore, when the
Kashmir crisis broke out in October 1947, the principle of reference to
the people through plebiscite was already established as similar disputes
in some other states had been resolved this way.</font></P>
<P align="left"><font size="1" face="Verdana">The Indian Prime Minister
J Nehru, accepted this principle and reiterated his position in a letter
to the British Prime Minister on 25th October 1947, "our view, which we
have repeatedly made public, is that the question of accession in any
disputed territory must be decided in accordance with the wishes of the
people and we adhere to this view". Therefore, at the time of the so-called
accession, the Indian regime accepted the principle of reference to the
people. Based on this principle, the Instrument of Accession should have
been provisional and conditional upon the outcome of a plebiscite. When
India took the Kashmir issue to the UN in 1948, it did so under article
35 of Chapter VI which outlines the means for a peaceful settlement of
disputes. </font></P>
<P align="left"><font size="1" face="Verdana">It is interesting to note
here that India did not present the Kashmir case under the UN Chapter
VII which relates to acts of aggression as India was alleging Pakistan.
Therefore, it is evident that by raising the issue under Chapter VI, India
recognised the Kashmir issue as a dispute, thus conceding that the Instrument
of Accession had not confirmed the state to be an integral part of India.
India is still party to all the UN resolutions on Kashmir. Moreover, India
and Pakistan accepted the UN resolutions of January 1948 calling for a
plebiscite in Kashmir to exercise the right of self-determination of the
people of Kashmir. India's acceptance of the UN resolutions establishes
beyond a doubt, that the future of status of Kashmir would be determined
by its people. Therefore, the Instrument of Accession, even if genuine,
is rendered null and void</font></P>
<P align="left"><font size="1" face="Verdana">. In the past, attempts to
hold a plebiscite have been met with fierce opposition from India. India
has known, right from the start, that the result of a plebiscite is a
foregone conclusion - the population of Kashmir would have voted to rid
themselves of Indian rule.</font></P>
<P align="left"><font size="1" face="Verdana">This has been the case from
26th October 1947 to the present day. On the practicality of holding a
plebiscite, a paper by the US state department, presented to the UN on
2nd December 1947, noted , "the dominion of India may attempt to establish
the extant electoral rolls on the basis for the referendum. As these rolls
are said to contain less than 7% of the population and were compiled on
a basis which served the weight to the members of the wealthiest educated
Hindu majority who would obviously vote for accession to India, it is
important that the electoral body should in fact be composed on a basis
of complete adult suffrage in order that the result of the referendum
may be representative of the actual wishes of the people of Kashmir".</font></P>
<P align="left"><font size="1" face="Verdana">In view of the above arguments,
it is clear that the Indian case on Kashmir is politically, legally and
morally unjustified. The commitment made by India and the UN to allow
the people of the state to choose their own future are neither time bound
nor do they provide an escape clause for the Indian regime. It is only
through fraud and repression that India continues to forcefully occupy
a large portion of Kashmir</font></P>
<P align="left"><font size="1" face="Verdana">Please note, we are not a
racist group, if you read all our stuff, you must realise our anger. We
see people killed everyday, women raped, thick blood lying around, orphan
children crying, and on the other hand, zee media (Indians) blame Pakistan
for massacres and try to give a impression that Pakistan is responsible
for the whole Kashmir issue,and we are responsible for every violence
in Kahsmir. We like to apologise to any one that was offended by our defacement,
even if it's a Indian. W</font></P>
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<p align="center"> <br>
<font face="Courier" size="2" color="#66FF66">[Indian Domination In Progess]</font></p>
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<p><font color="#CCCCCC"><br>
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<a href="mailto:g-force@nightmail.com"><img src="Contact.jpg" width="81" height="29" border="0"></a></font></p>
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