Finally, after remaining in news, for a few days, Shaikh Abdullah announced his Delhi visit. He selected the day for the announcement very carefully, which had a relevant impact on his future moves. Almost twenty years ago, in 1931, during Maharaja HariSinh ‘s tenure, twenty-two people had been killed in firing, while protesting against  Maharaja’s rule. Since then, National Conference had been observing the 13th of July as the “Shaheed Din”.

Shaikh announced his Delhi visit on this day at Srinagar, in a public meeting and touched the cord of the people of Kashmir. Three months prior to Shaikh Abdullah’s Delhi visit, he had stated his various designs such as Kashmir’s finite accession, autonomous status, separate flag, etc. They reached Delhi, with the intention to acquire all these that he had dreamt of. Shaikh Abdullah and his colleagues had stationed themselves at Pandit Nehru’s home as special guests.

At every nook and corner of Jammu, the news about Shaikh Abdullah’s Delhi visit was being discussed. People of Jammu suspected that Pandit Nehru would give consent to Shaikh’s demand for a ” Separate Prime Minister, Separate Constitution and Separate Symbol” (अलग प्रधान, अलग विधान तथा अलग निशान). They had an inkling that Pandit Nehru had bent on his knees, in front of Shaikh Abdullah and the National Conference.

Whereas the Praja Parishad had been dedicatedly putting every inch of effort to stand in mutual agreement with National Conference for the last three years but unfortunately, Shaikh, instead of walking on the path marked by a democratic value system, had been governing,  implying the abhorred “Kashmir Security Act”. Almost three months had passed by to Shaikh Abdullah’s address at Ranveer Singh Pura and the Praja Parishad decided to give a befitting reply, at the same venue, from where Shaikh had begun chanting the tone of Separatism.

On the 15th of July 1952, Pandit Premnath Dogra, the president of Praja Parishad declared in a roaring voice, amidst the ocean of people gathered to hear him, ” Due to the foolishness of few, the debate related to Constitution has again begun, on the extremely sensitive subject of Jammu & Kashmir, when the state’s Annexure has been fulfilled, legally as well as Constitutionally. It is ironic, that the leader of Kashmir valley, who does not hold any affinity with the rest of the state, estranges Jammu, in every way. He had acquired the power incidentally and has been conveniently exhibiting himself, as the representative of the entire state. All the political parties must understand the implications properly,  of any action taken to forbid the complete accession of Jammu & Kashmir with Bharat or anything lesser than that, if at all, or any decisions regarding different flags or Prime Minister, taken, then it would not be implying on us. The consequences derived from such action would solely lie on the Government of Bharat as well as on those narcissistic people, who have designed to deprive us of enjoying our fundamental birthright and turning us into permanent slaves.

We would like to clearly define, that the majority of the population of the princely state, especially Ninety percent of Jammu’s people have been in favor of complete accession of the state in Bharat.

This can be validated through any democratic measures.”. On the next day, (16th July) Shaikh Abdullah and his colleagues, met with their Bharatiya counterparts. The meeting was concluded on the 22nd of July. Shaikh pretended to be pleased with the outcome of the meeting. Pandit Nehru too sounded delighted with the said meeting and was contented with Shaikh’s promises of following and adopting every policy, designed by the Congress. Shaikh condemned the PTI for presenting the “fake” report of his “Ranveer Singh Pura address”.

The foremost points of the Nehru-Shaikh’s discussion were : 

1. The surplus power of the legislature, which lay with the Central Government, would remain with the state government in Jammu & Kashmir. The subjects, other than those, notified in the Instrument of Accession, would remain implicated under the dominion of the state.

2. All the residents of the state, would be Bharatiya citizens but the state government, can keep the provision of special status, under the State Subject Notification of 1927 and 1932.

The state can form a law to bring back the state subjects, who had migrated to Pakistan due to the communal anarchy in 1947.

3. The president of Bharat, is highly respected in Jammu & Kashmir, as much as in any other state of the nation. Hence, clauses 52 to 63, related to Bharat’s president would be applicable in this state, too.

4. The state would have its own flag along with Bharat’s national flag but the state flag would not be considered its opponent.

5. In other states, the Constitutional head is Governor and he is appointed by the President. Whereas, in Jammu&Kashmir, the Constitutional head would be elected. His nomination would not be done by the central government or the president. His election would be handled by the state Vidhansabha but he would need to have approval before taking charge. The post would be named later on. The hierarchical monarchy in the state would be demolished.

6. Due to the special status, especially after the Land reform acts of the state, the fundamental rights of the Bharatiya constitution, would not be applied here, post the Land Reform Acts by Shaikh Abdullah, and nor would it be included in the State Constitution.

7. Due to the existing Board of Judiciary Advisory, the state would be kept out of the purview of the Supreme court of Bharat and the Supreme court’s jurisdiction would remain effective solely in the matters of appeal.

8. Under Article 352 of the Constitution, the President of Bharat, would have the right to implement the internal emergency in the state, only in agreement with the state government.

The discussed issues and the suggested outcome were in much disagreement, across the nation. 

Dr. Ambedkar, the president of the Drafting Committee of the constitution, unequivocally denied making any compromise on the issues related to Fundamental rights and the Judiciary (Supreme court). He was insistently adamant about implementing issues related to Citizenship, Fundamental Rights, and Judiciary in Jammu and Kashmir, as in other states of Bharat. He also asserted that the right to Tax collection should also remain under the central government. If necessary, its implementation could be delayed for the time being. His contention was, that if these fundamental provisions of the Bharatiya constitution were skipped from implementation, the sovereignty would remain impacted less and it would appear as flirting with the idea of democracy.

The entire nation was shocked and tormented by the imperious conduct of Shaikh Abdullah. The long battle fought to eradicate the colonial rule and create a powerful democratic Bharat, was turning into a futile exercise, when the land that had nurtured the illustrious legacy of cultural and educational glory, was becoming the victim of communalism, sowing the seeds of Separatism, which would turn into a major threat on the unity of the nation, in the years to come. But, Pandit Nehru had opted for a blindfolded outlook towards this hurricane problem.

On the 24th of July, Pandit Nehru addressed the Loksabha on this most talked about issue. As usual, his address contained the geographical condition of Kashmir and the historical practice of brotherhood between the original residents of the state – The Kashmiri Hindus and Sikhs, the Shaiv followers and the Buddhists and their “bonding” with invaders Islamists…

In the end, he made the announcement from the floor of the house – “The hierarchical monarchy of Jammu & Kashmir would be eliminated and replaced by the person elected as the Prime Minister by the state assembly and he would have the approval by the President. The Bharatiya national flag would be unfurled only on special occasions and there would be a separate flag of Kashmir.  There have been some discussions on the subjects of the fundamental rights, Citizenship, and the jurisdiction of the Supreme Court but no conclusion has been derived as yet.”

Shaikh Abdullah had managed to get an affirmative nod for almost all his demands from Pandit Nehru and the subjects, to which Pandit Nehru could not give consent, were left unsolved!!!

All in all, it was a one-sided dialogue. Pandit Nehru did not give any clarification regarding the economical integration of Jammu –  Kashmir with Bharat. When questioned by a journalist, regarding National Conference’s approach towards the opposition in the future, Pandit Nehru replied instead of Shaikh Abdullah and defended them, saying National Conference always takes the opposition, into confidence!!!

The Media was astounded by the haughtiness of Shaikh and abetment by Pandit Nehru, in the Shaikh-Nehru confabulation. Navbharat Times wrote – ” This “settlement ” is one-sided, lacking the long-sighted vision, done in haste and is against the propriety. Glancing over the conditions laid down and agreed upon, would give the immediate effect that this settlement has been done between a conqueror and the conquered or between two merciful friends, where one of them would assent to bear infinite damage to ensure contentment and elation for the other.”

The prominent columnist Indra Vachaspati reported in  ‘Jansatta’ published from Delhi – ” This is such a settlement, where both its legs have been weak. Hence, we should not aspire it to be long-lived.” Maulana Abdul Aziz of Srinagar declared that -“this day, would remain as the Black Day, forever as on this day, the Government of Bharat handed the Kashmir, in hands of the Fascists and they have not been aware of the name of the democracy.”

Four days post Pandit Nehru’s address on the floor of Loksabha, Pandit Deendayal Upadhyaya in Meerut, strongly criticized “the conditions agreed upon, regarding the flag and the fundamental rights, which were laid down on the basis of communal reasons and not for any historical relevance. He also added that this is the victory of Communalism through the hands of Pandit Nehru.”

There was no mention of granting autonomous status to Jammu and Ladakh, in the talks held between Shaikh Abdullah and Pandit Nehru. When asked, Pandit Nehru replied that the Government of Kashmir has been considering giving regional autonomy, within the state. But, Shaikh had a different outlook, and his take startled one and all. He declared, “We had proposed in the “Naya Kashmir ” documentation that each cultural unit would be allowed to have complete cultural autonomy.”

Jammu and Ladakh were demanding political sovereign status and Shaikh  Abdullah was mentioned as granting cultural autonomy!! It was a rude shock for the people of Jammu and Ladakh. Delhi’s “settlement” was an out-and-out triumph of Shaikh Abdullah.

Sources of Information :

हमारी भूलोका स्मारक : धर्मांतरित कश्मीर

नरेन्द्र सहगल

कश्मीर : दहकते अंगारे

जगमोहन जी

जम्मू कश्मीर की अनकही कहानियां

कुलदीप चंद अग्निहोत्री

Kashmir : Behind The Vale

M J Akbar

My Frozen Turbulence in Kashmir 

Jagmohan ji