Sheikh Fakhar-e-Alam
In pre-partition British India, Junagadh was a princely state. It was the leading state in the Western Kathiawar region of India, commanding great strategic importance as a maritime state. It was bound on three sides by territory that had acceded to the dominion of India and its only free outlet was to the Arabian Sea. In 1941, it had a population of 670,000, of which over 80 percent were Hindus, ruled over by a Muslim Nawab.
Junagadh was historically one of the 565 princely republics of the Indian subcontinent that fell under British authority during the colonial era. At the time of the British withdrawal, the princely kingdoms encompassed 40% of pre-independence India’s land area and 23 percent of its people. Internally, these nations were self-sufficient and self-controlled; yet, defense and international affairs were under the supervision of colonial powers. Junagadh was British India’s fifth-largest revenue-generating state.
During partition, Lord Mountbatten declared that states shall be independent to decide for accession regardless of their geographical compulsions but afterward, he took back his words, and thus geographical similarities were enforced to facilitate India’s illegal occupation of princely states. The Indian Government used the religious affiliation of the general masses as a base for political accession of Junagadh but unfortunately, it doesn’t accept the same benchmark for Kashmir’s accession to Pakistan.
Following independence in 1947, the 565 princely states were offered the option of joining the newly constituted Pakistan or India. The Nawab of Junagadh, Muhammad Mahabat Khanji III, whose forefathers had governed the state for nearly two centuries, decided to join Pakistan. In contravention of the partition agreement, India ordered forces to forcibly take Junagadh on November 9, 1947. The conquest of the princely state demonstrates that India was hell-bent on annexing all 565 princely kingdoms by whatever means necessary. Entry of the Indian troops went with a broad kill, assault, and plundering of Muslim properties in Junagadh. The Nawab of Junagadh was in Pakistan for legal proceedings of the accession and couldn’t return. It is now present in the Indian state of Gujarat.
Pakistani government strongly reacted to the Indian annexation of Junagarh and PM Liaquat Ali Khan sent a telegram to Nehru protesting such deliberate occupation of a state that had legally acceded to Pakistan. India, arguing the need for regional stability refused the demands made by Pakistan for the withdrawal of Indian troops but promised a plebiscite on the issue. The resulting plebiscite on February 20, 1948, under the sponsorship of the Indian army, was in favor of India with the official count noting that out of a total of 1,90,870 votes cast, only 91 cast their votes in favor of Pakistan. Thus, India settled the matter by an Indian administered plebiscite, whereas Pakistan never accepted those results and to date considers Junagadh a legal part of Pakistan. Pakistan as a new and weak state at that time was unable to send forces to reverse the Indian illegal move. Pakistan’s share according to an agreement was compromised on the territorial, economic and military front by capturing Junagarh. India used force to capture Junagarh, which is considered one of the most immoral and unethical acts of partition history.
Pakistan under the leadership of Quaid-e-Azam approached the UN for redressal of the issue. Junagadh like Kashmir and Sir Creek are unresolved issues on the United Nations’ agenda. Under the UN Security Council resolution 39, a commission was set up for the “peaceful resolution of the Kashmir conflict”, and the mandate of this commission was to investigate allegations by India of the situation in J&K, as well as “other issues” raised by Pakistan, including Junagadh that Pakistan accused India of “annexing and occupying by force”.
The ‘Instrument of Accession’ between Quaid-i-Azam Muhammad Ali Jinnah and Nawab of Junagadh, which also bear his signature, features a strong legal standing within the eye of law of nations. The status of His Excellency Nawab of Junagadh is protected by the law of nations as long as he’s “Sovereign in Exile”.
The Indian occupation of Junagarh violated Article 26 of the Vienna Convention on Law of Treaties.
As comparing the case of Junagarh with Jammu & Kashmir, India failed to produce the so-called Kashmir’s Letter of Accession. The Maharaja of Kashmir, Hari Singh had left Srinagar due to a public uprising against him and he had practically lost control over the state. By the end of 1950, almost all smaller states were reorganized into either union of states or merged in adjoining provinces by the Indian government.
Present Nawab of Junagadh, Muhammad Jahangir Khanji, reiterated on multiple occasions that Junagadh should be merged with Pakistan. According to him, “the Junagarh state is a part of Pakistan, the accession document is important strong and lawful evidence. The instrument of accession is an international agreement concluded between states, in written form, governed by international law, in a single instrument”.
India has shown the height of hypocrisy by not accepting Pakistan’s claim either on Kashmir or on Junagadh. Junagadh is still under occupation of India which must be resolved by the UN on an immediate basis.
Pakistan PM Imran Khan should become an ambassador of Junagarh as he did in the case of Kashmir and he should highlight the issue of liberation of the state from Indian occupation at all international forums especially the UN. Until the issue is resolved, Nov 9 is to be observed as a black day by Pakistan. It is a time to fulfill the dream of Quaid-i-Azam that “Junagarh is Pakistan”.
(The writer is Islamabad based PHD Media studies fellow, tweets @ShFakharA and can be contacted at fakharhrp@gmail.com)
