Instrument of Accession of Jammu and Kashmir State

Instrument of Accession of Jammu and Kashmir State
26 October, 1947

Whereas the Indian Independence Act, 1947, provides that as from the fifteenth day of August, 1947, there shall be set up an independent Dominion known as INDIA, and that the Government of India Act 1935, shall with such omissions, additions, adaptations and modifications as the Governor General may by order specify, be applicable to the Dominion of India.

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

Now, therefore, I Shriman Inder Mahinder Rajrajeswar Maharajadhiraj Shri Hari Singhji, Jammu & Kashmir Naresh Tatha Tibbet adi Deshadhipati, Ruler of Jammu & Kashmir State, in the exercise of my Sovereignty in and over my said State do hereby execute this my Instrument of Accession and

1.

I hereby declare that I accede to the Dominion of India with the intent that the Governor General of India, the Dominion Legislature, the Federal Court and any other Dominion authority established for the purposes of the Dominion shall by virtue of this my Instrument of Accession but subject always to the terms thereof, and for the purposes only of the Dominion, exercise in relation to the State of Jammu & Kashmir (hereinafter referred to as “this State”) such functions as may be vested in them by or under the Government of India Act, 1935, as in force in the Dominion of India, on the 15th day of August 1947, (which Act as so in force is hereafter referred to as “the Act’).
2.

I hereby assume the obligation of ensuring that due effect is given to provisions of the Act within this State so far as they are applicable therein by virtue of this my Instrument of Accession.
3.

I accept the matters specified in the schedule hereto as the matters with respect to which the Dominion Legislature may make law for this State.
4.

I hereby declare that I accede to the Dominion of India on the assurance that if an agreement is made between the Governor General and the Ruler of this State whereby any functions in relation to the administration in this State of any law of the Dominion Legislature shall be exercised by the Ruler of the State, then any such agreement shall be construed and have effect accordingly.
5.

The terms of this my Instrument of Accession shall not be varied by any amendment of the Act or the Indian Independence Act, 1947, unless such amendment is accepted by me by Instrument supplementary to this Instrument.
6.

Nothing in this Instrument shall empower the Dominion Legislature to make any law for this State authorizing the compulsory acquisition of land for any purpose, but I hereby undertake that should the Dominion for the purpose of a Dominion law which applies in this State deem it necessary to acquire any land, I will at their request acquire the land at their expense, or, if the land belongs to me transfer it to them on such terms as may be agreed or, in default of agreement, determined by an arbitrator to be appointed by the Chief Justice of India.
7.

Nothing in this Instrument shall be deemed to commit in any way to acceptance of any future constitution of India or to fetter my discretion to enter into agreement with the Government of India under any such future constitution.
8.

Nothing in this Instrument affects the continuance of my Sovereignty in and over this State, or, save as provided by or under this Instrument, the exercise of any powers, authority and rights now enjoyed by me as Ruler of this State or the validity of any law at present in force in this State.
9.

I hereby declare that I execute this Instrument on behalf of this State and that any reference in this Instrument to me or to the Ruler of the State is to be construed as including a reference to my heirs and successors.

Given under my hand this 26th day of October, nineteen hundred and forty seven.

Hari Singh
Maharajadhiraj of Jammu and Kashmir State.

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Parliament Resolution (Feb 22, 1994)

“This House”

note with deep concern Pakistan’s role in imparting training to the terrorists in camps located in Pakistan and Pakistan Occupied Kashmir, the supply of weapons and funds, assistance in infiltration of trained militants, including foreign mercenaries into Jammu and Kashmir with the avowed purpose of creating disorder, disharmony and subversion:

reiterates that the militants trained in Pakistan are indulging in murder, loot and other heinous crimes against the people, taking them hostage and creating an atmosphere of terror;

Condemns strongly the continued support and encouragement Pakistan is extending to subversive and terrorist activities in the Indian state of Jammu & Kashmir;

Calls upon Pakistan to stop forthwith its support to terrorism, which is in violation of the Simla Agreement and the internationally accepted norms of inter-State conduct and is the root cause of tension between the two countries reiterates that the Indian political and democratic structures and the Constitution provide for firm guarantees for the promotion and protection of human rights of all its citizens;

regard Pakistan’s anti-India campaign of calumny and falsehood as unacceptable and deplorable.

notes with deep concern the highly provocative statements emanating from Pakistan urges Pakistan to refrain from making statements which vitiate the atmosphere and incite public opinion;

expresses regret and concern at the pitiable conditions and violations of human rights and denial of democratic freedoms of the people in those areas of the Indian State of Jammu and Kashmir, which are under the illegal occupation of Pakistan;

On behalf of the People of India,

Firmly declares that-

(a) The State of Jammu & Kashmir has been, is and shall be an integral part of India and any attempts to separate it from the rest of the country will be resisted by all necessary means;

(b) India has the will and capacity to firmly counter all designs against its unity, sovereignty and territorial integrity;

and demands that –

(c) Pakistan must vacate the areas of the Indian State of Jammu and Kashmir, which they have occupied through aggression; and resolves that –

(d) all attempts to interfere in the internal affairs of India will be met resolutely.”

The Resolution was unanimously adopted. Mr. Speaker: The Resolution is unanimously passed.

February 22, 1994

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5 myth’s and facts of kashmir

Myth:

one lakh people have been killed in Kashmir by Indian armed forces during past 20 years.

Fact:

As per government estimates as on 20-05-2010,Statistics reveal that nearly 37,000 people have been killed so far in the 20 year old insurgency. Out of 37,000, the number of civilians killed by terrorists and para military forces are 11,135,security forces number at 5223 and terrorists backed by Pakistan killed are 19,273.

The propaganda by separatists backed by Pakistan is just a myth to mislead the gullible common man of Kashmir and incite hatred against central government administration.

Myth:

there are Mass graves in Kashmir

Fact:

This is just another figment of imagination of drug addicts and has nothing to do with reality. So far No mass grave has been uncovered and chances are very slim to uncover any such grave.If ever a mass grave is unearthed in Kashmir, the prime suspects will be Pakistan supported terrorists. Reason being,  Indian para military forces mostly constitute Hindus and hindus don’t bury their dead…

Myth:

separatists leaders are sincere

Fact:

Many Separatist leaders  have embezzled  funds and have assets disproportionate  to their disclosed earnings. Some of the separatists leaders are owners of large shopping complexes in Kashmir. Those shopping complexes are worth tens of crores of rupees. If sincerity means changing tunes  to the tastes of audiences,then Old man geelani is sincere,Mr Geelani gets his pension as former MLA of J&k, and holds a Indian Passport, suddenly had a change of heart in 2008 during the height of Amarnath  agitation, when he shifted his stance of Kashmir accession to Pakistan to Independence of Kashmir.

Myth:

Jagmohan responsible for Kashmiri pandit exodus

Fact:

It was at Mufti Mohammed syed’s behest,who was Home Minister of India, that Jagmohan was made governor of J&K  for the second time in 1989-1990.I have not come across a single Kashmiri pandit whom jagmohan or his officials/agents approached or pursued to leave Kashmir so that he can have a free hand and run Tanks and Bulldozers over kashmiri Muslims(most famous rumor against Jagmohan). Yasin Malik”  who got inspired with the movie “Lion of the desert” and has confessed that he showed this movie to Hizbul-Mujahideen Chief “Salauddin” and inspired him also to launch the Kashmiri version of “Jihad”.

In this movie there is this character ” General Rodolfo Graziani” who hanged “Omar Mukhtar” to Death. Later on “Rodolfo Graziani”became the commander-in-chief of Italian Royal army.

“General Rodolfo Graziani” had made concentration camps in Libya to curb the uprising against Italians.

When Mr Jagmoha  became the governor of Jammu and Kashmir for the second time, Terrorist lobby backed by Pakistan, told the section of kashmiri muslims who backed their violent ideologue of Jihad,that “Jagmohan” is going to run Bulldozers over you and kill each one of you because of  being anti-India,(portrayed as Rodolfo Graziani) and at the same time is helping pandits to migrate to Jammu.This story is just a figment of imagination of some who wanted to shield the truth about exodus and Genocide of Kashmiri Pandits by the Terrorists.

Myth:

Freedom struggle of Kashmir

Fact :

Another hogwash, Pakistan is using the muslim dominated Kashmir for its own selfish use, They have waged a low cost war with India and Majority population of Kashmir are merely puppets in this whole game. Killing of Kashmiri pundits in early 1990,which triggered the infamous exodus, was a game plan of Islamic state of Pakistan as Kashmiri pundits were the only force which were opposing them. The total population of Muslims in J&k is around 5 million whereas in rest of India, the population of Muslims is around 140 to 180 million. The collective muslim population of U.P districts like Muzzafarnagar, meerut, Bijnore, Moradabad and Rampur are at least thrice the population of Whole muslim population of J&k, yet they are at peace with India. These muslims choose to stay with India when they were given a chance to choose their country way back in 1947.Pakistan’s tactic of using Islam as a force to infuse hatred for India has met with success in Kashmir and received lukewarm response among muslims  in other parts of India. Pakistan is hell bent to use the religious feeling of muslims against India and its persistent efforts in the last 63 years has started to show some positive results for Pakistan.

kashmir terrorists gets pay hike

Interesting news! Pakistan had to hike the pay  of terrorists operating in Kashmir. But still Rs 8-10k/month is just peanuts compared to its regular Army men.On the name of Jihad,Pakistan has successfully operated this tactics of low cost war with India from last two decades.Also in this case,Pakistan will not be held responsible for terrorist attacks in India,they will project the violence as Jihad.Pakistan would definitely want the world to be in deep slumber and never wake to the fact that in whole of J&K,the total population of Muslims is not more than 5 million,whereas the larger picture visibly shows India as home to 140 million, non-kashmiri  ,happy , Indian muslims….

NEW DELHI: Kashmiri terrorists and refugees from Jammu and Kashmir in PoK have both received a pay hike. According to the latest inputs from various agencies, Pakistani authorities are now offering terrorists coming to fight in J&K a monthly salary in the range of Rs 8,000 to Rs 10,000. This is a huge jump from the average pay of Rs 5,000 they were getting earlier.

The reason for this benevolence is not hard to imagine. There has been a drastic drop in violence levels in J&K and militancy needs a desperate revival if the separatist agenda has to continue to grab global attention. The number of terrorists operating in J&K is now hovering around 700, an all-time low since militancy erupted in the state in the late 80s.

The desperation among terror groups is also visible in the return of Furqan, one of the seniormost Lashkar-e-Taiba operatives who had been the group’s launch commander based in PoK for some years now. He infiltrated into J&K in April-end with a group but the Army was able to intercept them. Furqan is believed to have successfully evaded the Army and entered the state. His return, after more than four years, is being seen as a sign of LeT’s desperation to carry out a few sensational attacks.

It is not just the Kashmiri militants who got pay hikes in recent days. Those staying back in refugee camps of PoK too have been given increased financial benefits. From Rs 1,800 per month, their financial allowance has gone up to Rs 2,400 a month early this year, sources said.

Thousands of Kashmiri youth have moved across the border to PoK in the past two decades for the explicit purpose of becoming trained militants. But many of them have stayed back in refugee maintenance camps run by the Pakistan government, some marrying local girls, and many starting small businesses. There are no clear numbers, but some estimates say as many as 30,000 could be in PoK, holding state subject facility cards which grants them certain rights.

While inflation is an obvious reason for the hike in monthly allowance for the refugees, the desire of many of them to return to India may have also been a reason for increasing the allowance, officials speculate. In 2007, when Indian government opened up a liberal surrender policy for Kashmir, almost 150 of them came back. After a year, the policy was tightened, but sources now say that they are looking at revising it. An exodus of these refugees from PoK to J&K would hit Pakistan’s image, say officials.

source:http://timesofindia.indiatimes.com/India/Kashmir-terrorists-get-pay-hike/articleshow/5938412.cms
josy.joseph@timesgroup.com