Junagadh State

of both Hindus as well as Muslims had reached its height. Muslims under the leadership of the Quaid-e-Azam Muhammad Ali Jinnah, President All India Muslim League were demanding a separate State of Pakistan, in those areas of British India, where the Muslims were in majority. The Hindus under the Congress were striving for the independence of India while opposing its division. The all India Muslim League under the leadership of Quaid-e-Azam and the historic unity of the Muslim, succeeded in their demand. The British Government as well as Congress leadership ultimately accepted the demand of Muslims. An Act known as the “Indian Independence Act 1947’’ was passed by British Parliament, which created two dominions, one Pakistan and other India. This Act applied only to those provinces, which were under direct administration of the British rule through its Viceroy or the Governor General. Thus the area, which came under Pakistan included the West Punjab, Sindh Province and N.W.F.P and Baluchistan on the Western side called West Pakistan and East Bengal i.e the divided Bengal on Eastern side called East Pakistan. Rest of the provinces of India, East Punjab and West Bengal formed dominion of India. The Indian Independence Act 1947 gave independence to 600 native states, according to which each ruler of a native state:
(1) Could remain independent, or
(2) Accede to either of the two dominions, India or Pakistan
Congrees decided to retain the services of Lord Mountbatten, the last viceroy of India to act as Governor General of Dominion of India. This decision was taken by the Hindu leadership obviously with malafide intentions. Many of the native states in former British India were Muslim States and their Rulers were also Muslims. There were many Hindu States like Jodhpur, Jaipur etc. annexed to the border of West Pakistan and its Hindu rulers intended to accede to Pakistan. However the Nizam of Hyderabad and Maharaja of Baroda wanted to remain independent and did not want to accede to either of the two Dominions of Pakistan or India. Tragically the Ruler of Kashmir was abducted and dethroned of Jammu and Kashmir in late 1946 when the Kashmiris struggle for freedom from Dogra Maharaja Rule was at its height. The Ruler had taken refuge in New Delhi and begged for Indian help. This struggle against the Dogra Ruler had taken a violant turn in 1946 and it continued till after 3rd June 1947.The so called Ruler of Kashmir found himself, a prisoner in Jammu, he could not go back to his Kashmir, so he did not remain a “Ruler” within the meaning of Indian Independence Act of 1947. However, taking advantage of his presence in Delhi, where he came for Indian help, Sardar Valabh Bhai Patel obtained his signatures on the Instrument of Accession. This being done, Indian troops which were standing at the borders of Kashmir ready to march in, were ordered to do so. Indian army entered into Kashmir illegally and therefore Pakistan had no alternative but to send its troops to save Kashimiri Muslims from being made slaves by the Dogras and Hindus. Those Hindu rulers who did not like to accede to India and had shown their intention to accede to Pakistan were pressed hard to accede the Dominion of India by Viceroy Lord Mountbatten because he continued to be the Viceroy between the periods from 3rd June 1947 to 15th August 1947. Hindu Rulers of the states on the border of Pakistan wanted to accede to Pakistan in their own interest. They were well aware of the congress policy from the very outset which aimed to abolish all native states and merge their territories in respective provinces. However Lord Mountbatten made them to acceded India by force. INSTRUMENT OF ACCESSION
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 Pakistan and that the Government of India Act, 1935, shall, with such omissions, additions, adaptations and modifications as the Governor General may order, specify, be applicable to the dominion of Pakistan. AND WHEREAS the Government of Indian Act, 1935, as so adapted by the Governor General provides that an Indian State may accede to the Dominion of Pakistan by an Instrument of Accession executed by the Ruler there of. NOW THEREFORE,
I Mahabat Khan Ruler of Junagadh State, in 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 Dominion of Pakistan with the intent that the Governor General of Pakistan, the Dominion Legislature, the Supreme Court and any other 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 JUNAGADH (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 Pakistan on the 15th day of August, 1947 (which Act as so in force is hereinafter referred as” the Act”)
2. I, hereby assume the obligation of ensuring that due effect is given to the provision of the Act within this state so far as they are applicable there in 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 laws for this State.
4. I hereby declare that I accede to the Dominion of Pakistan on the assurance that if an agreement is made between the Governor General and the Ruler of this State whereby any function in relation to the administration in this state of any law of the Dominion legislature shall be exercised by the Ruler of this State, then any such agreement shall be construed and have effect accordingly.
5. Nothing in this instrument shall empower the Dominion Legislature to make any law for this State authorising the compulsory acquisition of land for any purpose, but I hereby under take 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 Pakistan.
6. The term of this my instrument of Accession shall not be varied by any amendment of the Act or of the Indian Independence Act, 1947, unless such amendment is accepted by me by an Instrument supplementary to this Instrument.
7. Nothing in this Instrument shall be deemed to commit me in any way to acceptance of any future Constitution of Pakistan or to fetter my discretion to enter into arrangements with the Government of Pakistan under any such future Constitution.
8. Nothing in this Instrument effects the continuance of my sovereignty in and over this state, or, save as provided by or sovereignty in and over this state, or, save as provided by or under this Instrument, the exercise of any power, authority and rights now enjoyed by me as Ruler of this State of 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 Fourteenth day of September, Nineteen Hundred and forty-seven.