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Destruction and Injustice


Destruction and Injustice

TheTribulations Of Kashmiri Pandits

Terrorism and Kashmir

The Root Cause Of The Problem

Hari Bhat  


(The following material is the text and graphics of the slides of Hari Bhat’s presentation at Kashmir Day seminar in Kendal Park, N.J., on Oct. 26, 2002 )


Independence and accession to India

  • In 1940 Muhammad Ali Jinnah, leader of the Muslim League, formally endorsed the “Lahore Resolution,” calling for the creation of an independent state in regions where Muslims constituted a majority.

  • At the stroke of midnight on August 15, 1947India was partitioned into two countries, India andPakistan .

  • India became a secular country and Pakistanan Islamic republic.

  • Excluded in this partition were the Princely States.


  • 1947: 40% of Pakistanwas Non-Moslem. Today ONLY 3 % are left.

  • 1947: 25% of Indiawas Moslem (60 million).

  • TODAY 18% (150 million ) of Indians are Moslems.

This shows that the Moslem population is reaching pre-partition demographics in India.


India ’s partition

  • Partition applied only to British India

  • The Princely States of Jammu & Kashmir, Junnagadh, and Hyderabad were not part of the partition of British India and could determine their own future.

  • Thus upon withdrawal of the British Government, the princely States were to become independent.

  • Lord Mountbatten advised the princes that although legally they had become independent they should accede to one or the other dominion.

  • The law did not provide that the Instrument of Accession could be conditional.

  • Neither was there any provision mandating the consultation with the people of thePrincelyStateconcerned.

  • Also absent was the requirement that the accession had to be ratified by ascertaining the wishes of the people of the acceding State.

  • The Maharaja of Kashmir was reluctant to make a decision on accession to either India or Pakistan.

Pakistan’s obsession with Kashmir

  • Shortly after independence, Pakistan sent emissaries urging the Maharaja to accede to Pakistanbut were rebuffed.

  • “Dawn”,August 24, 1947 “the time has come to tell the Maharaja of Kashmir that he must make his choice and choose Pakistan”.

  • Oct 21, 1947 – Several thousand Pakistani army and tribesmen armed with machine guns, mortars, etc attacked J&K.

Pakistan’s invasion – Oct. 1947

  • Entire villages, e.g., Baramula, Rajouri and Poonch were destroyed by the Pakistani army, and they committed murder, rape and plunder.

  • Killed 7,000 people in a town of 10,000 people

  • Destroyed hospitals, Hindu, Sikh & Christian places of worship.

  • Radio message from PAK Commander to Pak HQ: “Skardu liberated, all Sikhs killed, all women raped.”

Ruler of Kashmir appealed to Indiafor help

  • Why?

Because Kashmir ’s small state army was no match for the Pakistani army.


Kashmir is saved from Pakistani invasion

  • October 1947: Lord Mountbatten asked India to send its troops to save Kashmir from Pakistani aggression.

  • Indian Premier Nehru insisted on Sheikh Abdullah being freed from prison as condition for Indian intervention.

  • Indian troops were sent with the enthusiastic consent of Sheikh Abdullah

Sheikh Abdullah

  • October 1947: Kashmir's popular Moslem leader Sheikh Abdullah supported Kashmir’s accession to India

  • Earlier Sheikh Abdullah had demonstrated against the Kashmiri ruler for greater democracy & civil rights.

  • Sheikh Abdullah expressed the sentiments of the majority of Kashmiri people in a famous speech.

A key point of Sheikh Abdullah’s speech

"We the people of Jammu and Kashmir, have thrown our lot with the Indian people, not in a heat of passion or a moment of despair, but by a deliberate choice.”


-Sheikh Abdullah: October 1947


Instrument of Accession to India was signed


  • October 1947: Lord Mountbatten, the Governor General of India accepted the Kashmiri ruler’s request to join the Indian Union.

  • A legal document called the Instrument of Accession was signed between India and the Kashmiri ruler.

First Muslim leader of Kashmir was appointed by India

  • October 31, 1947 : Sheikh Abdullah a Moslem was appointed Head of the Kashmir Emergency Administration.

  • Then he was made the first Prime Minister of Kashmir. His was the first people's popular government in Kashmir.

  • For most of the time since 1947, AND till this month,“Kashmir ” has been ruled by the National Conference Party of Sheikh Abdullah and always headed by a Moslem.

Accession to India

  • “Sounder than Texas 's accession to the USA , Kashmir's accession to Indiais legal, final, binding and irrevocable”.

  - AS Anand

  Chief Justice of Supreme Court of India


Pakistan’s pattern of aggression

  • Initially Pakistan denied having sent troops into Kashmir in October 1947

  • Subsequently admitted by Pakistani leaders and army officers.

  • This is a consistent Pakistani pattern in  1947, 1948, 1965, 1971 and recently in 1999 in Kargil.

United Nations: Jan 1, 1948

  • India complained to the UN to make Pakistan end its aggression against India in Jammu and Kashmir.

  • Despite military superiority even in 1947 India did not want to use force to vacate the Indian territory in Kashmir occupied by Pakistan 

  • Instead, India turned to the UN. If India had believed in a military solution on Kashmir , it could have done so in 1965, 1971 and 1999. And today.

United Nations appointed a commission: 1948

  • Under Charter 6: to mediate between India andPakistan

  • UN stated the issue is for India and Pakistanto resolve and these resolutions are NOT a directive, only recommendations.

  • Four UN resolutions were issued: on April 21 1948 , August 13 1948, Jan. 5 1949 and March 14 1950 .

UN Resolution

Called for three actions in this sequential order:


1. First, Pakistan must withdraw all its troops and all non-Kashmiris from Kashmir.

2. Next India should withdraw bulk of its troops RETAINING those required for law and order; all those who had left Kashmir (on both sides) as refugees should be allowed to return.   


3 AND ONLY THEREAFTER ascertain the wishes of the Kashmiri people in both portions of Kashmir under UN.

Pakistan violated theUN Resolution

  • Pakistan is non-compliant: has not withdrawn its occupied forces.

  • On the contrary India has only permitted Kashmiris to own land in India’s Kashmir per Article 370.

Pakistan-OccupiedKashmir (POK)

  • Lacks all democratic institutions. Administered by a Pakistani "minister for Kashmir“ or Military Governor appointed by Islamabad.

  • Pakistan officially disallows the option of an independent Kashmir . If anyone in POK raises that demand, it is an act of treachery and punishable by death. POK residents must sign Oath of Loyalty to Pakistan to get ration cards.

  • Residents of the “Northern Areas” of Gilgit/Baltistan are afforded no citizenship rights.

Pakistan Attacked Indiain 1965

  • Dictator Ayub Khan sent 34,000 Pakistani soldiers into Kashmir and Gujarat in a massive land and airattacks against India.

  • Pakistan was defeated byIndia and signed theTashkent agreement with India.

  • Of 3 Indian soldiers awarded the “Param Vir Chakra” (all posthumous) for heroism, one was Moslem – Havildar Abdul Hamid.

Pakistan Attacked Indiain 1971

  • Pak Dictator General Yahya Khan killed 3 million Pakistani citizens in East Bengal after rejecting election results, and launched air-land attacks on India - which led to the birth of Bangladesh.

  • In all three wars, Kashmiris rose to the defense of India. They joined the Indian army to defeat the Pakistanis.

Death of two nation theory

  • Buried the two nation theory of dividing nations on the basis of religion.

  • July 1972:Pakistan signed the “Simla Agreement” with India.

  • Simla Agreement: Pakistani PM Z.A. Bhutto, who replaced Yahya Khan, agreed to resolve all issues peacefully through bilateral negotiations.

The Simla Agreement

  • Supported by the UN and theUS the “Simla Agreement” required all disputes between Pakistan and India to be resolved bilaterally and not to resort to aggression to solve problems.

  • A Line of Control was established in 1972 as a result of the Simla agreement between Indira Gandhi and ZA Bhutto.

India’s generosity

  • 1971: Indiahad captured vast areas of Pakistani territory and 93,000 POWs.

  • India agreed not to let Bangladeshtry the Pakistani POWs on war crimes charges.

  • India returned captured territory in both ’65 and ‘71, even in Jammu-Kashmir -proof that India is 

(a) not interested in acquiring foreign territory.
(b) willing to settle all disputes through negotiations.

Simla Agreement

  • The 1972 Simla agreement was later endorsed in the 1999 Lahore Declaration between Vajpayee and Nawaz Sharif stating that all differences will be resolved by bilateral negotiations.

  • Musharraf, then the army chief of Pakistan and his ISI did not like this action by Nawaz Sharif and continued the terrorist acts against India.

Lahore Declaration

  • Musharraf refused to be present when Vajpayee and Nawaz Sharif signed the “Lahore Declaration.”

  • He was the Chief of the Pakistani Armed Forces at the time; said he would not want to salute Vajpayee.

Current UN Secretary General


December 2000 -

UN Secretary General Kofi Anan has said:


“ I call upon bothIndia and Pakistanto retain the spirit of the Lahore Declaration.”


Pakistan ’s obsession withKashmir


Madrassas of Pakistan:

  • In last 12 years, medressas of Pakistan train uneducated Muslims to infiltrate into Kashmir and ethnically cleanse the Hindus, Sikhs and secular Moslems, destroy schools, hospitals, and basic infrastructures.

  • ISI involved in training and terrorist activities.

Pakistan Violated Simla Agreement

  • 1999 Kargil War was a violation of the “Simla Agreement” by illegally taking control of part of Indian portion of Kashmir territory.

  • Subsequently Clinton & Nawaz Sharif met at Camp David and Clinton asked Nawaz Sharif to withdraw Pakistani army from Kargil, India.

  • With support of the world community Indiawent to a limited war and had it vacated.

Documented Role of Pakistanin Terrorism


December 1999: George Tenet, Director of CIA and Michael Sheen, State Department Coordinator for Counter Terrorism testified before a Senate Sub-Committee that :

US intelligence has sufficient evidence that Pakistan is a state-sponsor of terrorism against India


Pakistan & Terrorism

  • In 2000, the State Dept's report on terrorism described Pak's official involvement in terrorism against India.

-But fell short of adding Pak to list of countries sponsoring terrorism to avoid triggering severe sanctions against an old cold-war ally.

  • Year 2000: a bipartisan congressional commission on terrorism recommended to the State Dept that sanctions be imposed on Pakistanfor sponsoring terrorism.

  • Spring 2001: The British put Pakistani organizations openly engaged in terrorism on their official list of terrorist organizations.

Pakistan is a State Sponsor of Terrorism


  November 2001: According to Benazir Bhutto, former Prime Minister of Pakistan:

  • Non-Kashmiris engaged in killings in India are terrorists.

  • Pakistani intelligence agency (ISI) is a force onto itself and she had no knowledge of what ISI was doing.

“If I had been Prime Minister of Pakistan, (the events of) Sep. 11 would not have happened” – Benazir Bhutto, November 2001.

Robert Blackwill: US Ambassador to India


Nov. 21, 2001 , New Delhi,

  • stated in a press conference for foreign media that “all persons involved in killings in Kashmir were terrorists and that they were no freedom fighters.”



Struggle between two conflicting value systems

  • India: secularism with peaceful co-existence, with cultural, ethnic and religious diversity.

  • Pakistan: Islamic Republic, and its belief in “two nation theory” that Moslems cannot and must not be allowed to co-exist with other religions.


  • Is Kashmir’s accession to India, legal and binding? - Yes

  • Did Kashmiri Muslims support the accession of Kashmir to India? - Yes

  • Did Pakistan honor USresolution? – No

  • Therefore, is Kashmir a disputed territory? – No.

  • Kashmir continues to be a cancer

  • Pakistan ’s great propaganda scheme, Pakistan’s direct involvement

  • India’s response:

Our Hope


Live in our own home, in our own country, in our own state, in our own birthplace, without fear of getting killed, without fear of getting raped, with freedom to practice our own religion, freedom of speech and liberty and justice for all.  

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