Barrister Asad-ul-Mulk
At the time of partition in 1947, the Indian Empire consisted of ‘British India’ and ‘Princely States’. British India came under the direct administrative control of the government of India, which was headed by the governor general. Conversely, Princely States were under the administrative control of ‘Indian Rulers’ and had treaty relations with the ‘British Crown’ which was represented by the governor general in his capacity as the ‘viceroy’ or ‘crown representative’.
The State of Chitral at the time of partition was a princely state ruled by the Mehtar of Chitral. When the ‘June 3rd Plan’ was announced, it became apparent that ‘British India’ was to be partitioned into two separate dominions i.e. India and Pakistan, based on religious majorities. The provinces of Punjab and Bengal, which were heterogeneous, would be divided. Both India and Pakistan would be granted dominion status and independence by a set date. Eventually, 15th August 1947, was chosen as the date for independence.
Since ‘Princely States’ did not form a part of ‘British India’, and were ruled by native rulers, His Majesty’s government in London endorsing the recommendations of theCabinet Mission’ contained in the ‘memorandum on the states’ decided that with the lapse of paramountcy, princely states would be at liberty to decide whether to join India, Pakistan or remain independent. Paramountcy was the name given to the peculiar suzerainty which the British Crown enjoyed over princely states and which was founded on “treaty, grant, usage, sufferance or otherwise”.
The ultimate instrument which incorporated the ‘June 3rd Plan’ and contained the scheme for partition was the Indian Independence Act, 1947. Section 7 of the Indian Independence Act, 1947 specified that on 15th August 1947 the suzerainty of His Majesty the King Emperor over Princely States in India would lapse, and with it all treaties and agreements executed between the British Crown and Princely States would also abate. The repudiation was unilateral on part of the British Crown.
As a result of the lapse, the reciprocal rights and obligations of the British Crown and the Indian Rules inter-se would also terminate whether the basis of such rights and obligations was founded in “treaty, grant, usage, sufferance or otherwise”. Thereafter, the Princely States would resume the status of totally independent and sovereign polities, who could negotiate their foreign relations with foreign powers afresh.
The Mehtars of Chitral had always been supportive of the Pakistan movement. His Highness Muzaffar-ul-Mulk, the Ruler of Chitral, expressed his intention to accede to Pakistan very vocally to the Quaid-e-Azam Muhammad Ali Jinnah and Sardar Vallabhbhai Patel. He also wrote a letter dated 1st August 1947 to Lord Louis Mountbatten, the viceroy of India, informing the latter of his intention to accede to Pakistan.
The Mehtar imploring the reversion of the territories of Ghizar, Yasin and Ishkoman which had been severed from the State of Chitral following the siege of Chitral in 1895, wrote to the Viceroy “I and my people are earnestly looking forward to the future of the return of the Gilgit districts to Chitral State. These districts in the past formed an integral part of Chitral territory and the people of these districts are the kith and kin of my people over here having a common culture, religious and linguistic tendencies”.
Lord Mountbatten wrote back inscribing “I am afraid that it is now too late for me to dispose of this matter and I would advise you to raise it with your old friend Sir George Cunningham, who is arriving in Peshawar in another two or three days time as Governor of the North West Frontier Province in the new Dominion of Pakistan”. The Mehtar later did raise the issue with Sir George Cunningham and the Quaid-e-Azam, and even dispatched the Chitral State Bodyguards into Gilgit to secure Skardu and surrounding regions for the Dominion of Pakistan, but the Pakistan authorities showed utter lack of interest in effecting any reversion.
On 6th November 1947 His Highness Muzaffar-ul-Mulk executed on his part, the Instrument of Accession which was to result in the accession of the State of Chitral to the Dominion of Pakistan. On 18th February 1948 the Quaid-e-Azam Muhammad Ali Jinnah accepted the Instrument of Accession, by executing it at his end, and thus the State of Chitral became a “Federated State” of the Dominion of Pakistan.
(The author Barrister Asad-ul-Mulk, who is a legal practitioner, can be contacted at asadulmulk@legalparamete.com).
Good article bro well done