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The truth about accession and accords By Yash Bhasin 7/7/2012 2:05:15 AM The NC leader, Mustfa Kamal who is the younger brother of party Presi dent and Union minister Dr. Farooq Abdullah and uncle of the J&K Chief Minister Omar Abdullah, has once again given went to his frustration and disgruntlement over being sidelined in the party and not being inducted in the NC-Congress coalition govt. He has been invariably raising controversy over constitutional relationship of J&K with the rest of the country, distorting facts of history and contents as well as spirit of J&K's accession with India and subsequent accords between the ruling leadership of J&K and that in New Delhi. Presently, Mustfa Kamal has lamented that the terms of 1975 accord entered into between his late Father Sheikh Abdullah and then the Prime Minister of the country Indira Gandhi was never implemented by New Delhi and that the exercise of the accord was never completed. The facts of the matter are contrary to what Mustfa Kamal has stated. Indra- Sheikh accord of 1975 was clinched after prolonged and protracted negotiations between G Parthasarthy as representative of the govt. of India and Mirza Afzal Beigh, representing Sheikh Abdullah. Sheikh Abdullah and Mirza Afzal Beigh who were arrested and were being tried for sedition, had actually realized the impossibility of the realization of their dream of sovereign state of Kashmir and hence the futility of their struggle for the same, and were mentally reconciled to the reality of the situation and finality of J&K's accession with India there remaining out of power for long 20 years and getting rendered irrelevant in Kashmir politics had mellowed them. They were prepared to mend fences with the Indian govt. , mainly with Shiekh Abdullaha's old friend Jawahar Lal Nehru, with whom the latter was estranged in the wake of dismissal of his govt. and his arrest on August 9 1953. Nehru, who had reposed full faith in Sheikh Abdullaha's sincerity to J&K casting its lot with secular India, was betrayed by Abdullah when he shed all pretentions of his conviction about the wisdom of J&K's accession with India on the basis of secularism and started giving ample hints of his real preference for soverng state of Kashmir, with himself as its absolute ruler . Sheikh Abdullah had even started secretly hob-nobbing with the western powers, which were at that time hostile towards India and were pro Pakistan, to fulfill his ambition to carve out an independent sovern state of Kashmir, after seceding from India. Sheikh Abdullah and Mirza Afzal Beigh would often give went to their feeling of getting tired of their futile struggle and harboring dreams of independent Kashmir. The worthy son of Mirza Afsal Beigh, Dr. Mehaboob Beigh did several times told me about the feeling at that time of his father about having wasted 20 long years in aimless wondering. The exact wording as Dr. Beigh quarted was that his father would invariably say that " Hum Nei 20 Saal Awaargi Mein Guzaree Hein".In nutshell Sheikh Abdullah was prepared to assume back power in the state on the terms of the Central Government. But he wanted some face saving against any charge of surrender before the Indian govt. to be levelled against them. by their detractors and for the consolation of their own supporters. The very fact that Sheikh Abdullah who was dismissed as a Prime Minister of J&K by the Sadare -Riyast of the state, had aggreed to take power as chief minster, to be appointed by the governor of the state, is proof enough that Sheikh Abdullah had willingly taken power on the terms of the union govt. headed by Indira Gandhi. Sheikh Abdullah and Mirza Beigh did raise the issue of restoration of the quantum of autonomy to the state which was eroded after their arrest in 1953. All the erosion of original level of autonomy by extending many provisions and clauses of Indian constitution and central laws to J&K, was done through the prescribed process and within the frame work of constitution as provided under article 370. These extensions were effected after due recommendation by the state govt. and duly endorsed by the state legislature, as is provided under Article 370 of the Indian constitution, which gives special power to the state. However as a face saving it was decided and mutually agreed that after taking power in the state and converting the Plebiscite Front into National Conference (The Original NC had by that time merged with Congress, Sheikh govt. will review all the provisions of Indian constitution and central laws extending to the state after 1953 and in case any provision and Central Law is found to be against the interest of the people of J&K the state govt. would recommend to the centre for its removal and the central govt. will consider the same) Accordingly a review committee was constituted with Mirza Afzal Beigh and DD Thakur. However in the meanwhile Mirza Afzal Beigh fell from the grace of Sheikh Abdullah and was dropped from the cabinet and the review committee. The committee was headed by D D Thakur. After lengthy exercise the D D Thakur committee came to the conclusion that no provision of Indian constitution and central laws may applicable to J&K after 1953, were against the interest of the people of J&K. The matter ended there Sheikh Abdullah remained in power for over seven years. But never he raised the demand for the restoration of autonomy to the state or change of the nomenclature of chief minister as prime minister and governor as a Sadre-riyast. Rather Sheikh Abdullah followed the central govt. in imposing emergency in the state in 1976, after the same was promulgated by the Indian govt. in the rest of the country. The same was not automatically applicable to J&K. Dr. Kamal has not spelled out has to which term of 1975 Indira-Sheikh Akal has not been implemented by the central govt.As far Mustfa Kamala's contention that J&K's accession to India was conditional, there is nothing more than falsehood and canared in his statement. The instrument of accession signed by Maharaja Hari Singh on October 26, 1947 and accepted by Lord Mount Batten, on behalf of Indian govt. on October 27, was the same as signed by all other princely states, which had acceeded to India after independence and partition of the country. Originally, all the former princely state had exceeded with the Indian dominion in 3 subjects of defence, external affairs and currency. Subsequently, with the statesmanship and efforts of Indian Home Minister Sardar Patel, all these states gradually relinquished their powers and integrated fully with Indian. The separate status of J&K under article of 370 of Indian constitution, was accorded afterword. The Indian constitution was framed between 1947 and 1950 and came into being on 26 January 1950. Article 370 in the Indian constitution wasa purely temporary provision, subject to gradual erosion as provided in the Article itself. All the clauses and provisions of Indian constitution and central laws extended to the state have been done in keeping with the provision for the same under Article 370 of the Indian constitution. As far the Delhi agreement of 1952, between the Indian Prime minister Nehru and J&K prime minister Sheikh Abdullah, the same took place in the back drop of the students agitations, launch under the banner of Students National Association, in late 1951, for upholding the sanctity of Indian National Flag and as a protest against hoisting the party flag of NC at an official function in the GGM Science College Jammu. Sheikh Mohammad Abdullah was invited as chief Guest at the annual function of the college, where NC party flag of red color with plough was hoisted at the college ground (at that time no separate state flag of J&K was adopted). I along with some SNA Volunteers protested against this unconstitutional act. My self along with 6 other students were arrested and lodged in the Central Jail Jammu. Though we were latter released after 2 days, but my self and Vaid Mittar were rusticated from the college on charge of indiscipline. As a protest against this injustice 40 day long hunger strike agitation was launched, in which 40 students took part by fasting for many days, with the first batch fasting for 40 days. While students agitation was being fought, in its support agitation was started in the city by the Praja Parshad. It was in the wake of this agitation that Sheikh Abdullah was summoned by Nehru in New Delhi, where agreement between the two took place, popularly known as Delhi agreement of 1952. One of the clauses was the agreement was that Jammu region should be given autonomy within the state, to address its alienation. But this was never implemented. Later a powerful agitation was launched by Praja Parshad in the length and breadth of Jammu region, starting from winter of 1952, the agitation lasted till ending June1953. After Dr. Shama Prashad Mukherjee had died on June 27 in special jail Srinagar under mysterious circumstances, the agitation was withdrawn and several thousands of people arrested and lodged in Jammu and Srinagar Jails were released unconditionally. Subsequently on August 9, 1953 Sheikh Abdullah was dethroned and arrested.

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