Gilgit-Legal Status of Gilgit - II

Gilgit

Gilgit is situated in some of the most dense and lofty mountain ranges of the world. It is cradled by the mighty Himalaya’s and Karakoram ranges. No where else in the world is there to be found a more fascinating blend of deep valleys and majestic mountain peaks in such a small compass. It is situated between 35.55º latitude 74.23º longitude and its average height is 4,890 feet. 

Gilgit is locked between the frontiers of some great and ancient empires, viz India, Russia and China. Because of its strategic location it has always remained at the centre of affairs between these countries and has been influencing their strategic calculations. Gilgit has from times immemorial remained a part and parcel of Indian sub-continent and has been within the ambit of its political, religious and cultural influence. This reality was put into sharp focus with the discovery of now Internationally famous Gilgit manuscripts which were discovered in 1938 and which are an authentic source of Buddhist influences and lore in these far-flung territories.

Gilgit has been a part of the territories of Kashmir State from early times. Kalhan’s Rajatarangini narrates vividly the detours of famous Kashmiri conqueror. Lalitaditya (595-732 A.D) in Gilgit and its adjoining territories. Similarly Gilgit formed a part of medieval Kashmiri Sultan Shahab-u-Din’s kingdom (1356-74 A.D). After the disintegration of Shahmiri Sultanate these territories fell out but Ghazi Chak in (1552-62 A.D) re-conquered or annexed such territories as had fallen off from the kingdom. In this attempt he attained marked success in recovering Skardu, Gilgit, Kishtwar, Pakhli and Mungli (near Pakhli), besides bringing into subjugation the Chief of the Gakkhars. 

In order to ensure efficient administration of these territories, he appointed experienced and intelligent governors to control them. In 1842, Gilgit was again conquered by Sikh rulers of Kashmir. After he took over Kashmir from the British in 1846, Maharaja Gulab Singh, subjugated Gilgit but he had to face repeated insurgency. In 1859 Maharaja Ranbir Singh sent a force led by Gen. Hoshiar Singh, which ultimately tamed the resistance and the territory was permanently annexed to Jammu and Kashmir. Mian Jawahir Singh was appointed the first Waziri Wazarat, who, according to the official assessment of 1916, assessed the revenue of the tract to be at Rs. 7,842/-.

Towards the second half of the eighteenth century, things began to hot up in the turbulent region as the Czarist Russia began to evince rather abnormal interest in the region and British rulers of India became apprehensive of a possible southward thrust by Czarist expansionists. Taking no chances, they decided to put up a watch tower in Gilgit. They placed a British Officer there in 1868 to monitor intelligence reports and other related moves. In 1889 a full fledged Gilgit agency was established which included areas of Yasin, Ponial, Kuh-Ghizar, Ishkman, Chilas region etc. but the civil and administrative control continued to vest in the Government of Maharaja.

It continued to be administered by the Maharaja’s Government. Most of its garrison consisted of Dogra soldiers and Dogra and Kashmiri official drawn from State Government cadre, often belonging to Jammu and Kashmir regions, continued to be posted in Gilgit. After the death of Maharaja Pratap Singh, Hari Singh was installed as Maharaja of Jammu and Kashmir State in 1925. He was very particular to assert J&K’s sovereignty on Gilgit and did not hesitate to join issues with the British when they made attempts, overt and covert, to undermine the authority of the State administration. He insisted that only the State flag should fly over the frontier territory. British had no alternative but to reiterate the sovereign right of Maharaja’s rule. 

Now the political landscape had changed in Russia considerably but the British became even more apprehensive about the intentions of Bolshavik regime in what was now re-christened as Soviet Union. They, through the intermediary efforts of their lent Officer Col. Colvin, whom the Maharaja had appointed as his Prime Minister in 1932, persuaded Hari Singh to lease out the territory to the British Government of India for a period of sixty years. Maharaja could not refuse for obvious reasons because he was increasingly leaning on British support to suppress the rising tide of peoples movement in J&K which had come to fore in 1931 and was fathered by Sheikh Mohammad Abdullah.

Accordingly a lease deed was signed on 26th March, 1935. The deed bears the signatures of Hari Singh on one side and British Resident in Kashmir, L. E. Lang on the other. The deed was ratified by the Viceroy Lord Wellington on April 3, 1935.

The provisions of the deed are revealing to the extent that even while taking over the temporary administration of the territory, British Government made it explicitly clear that the territory falls within the boundaries of Maharaja’s domain and he continues to exercise sovereign right over the area. This will be clear by a reference to the provisions of the treaty itself.

Article 1

The Viceroy and Governor General of India may at any time after the ratification of this agreement assume the Civil and Military administration of so much of the Wazarat of Gilgit province (hereinafter referred to as the "said territory") of the State of Jammu and Kashmir as lies beyond the right bank of the river Indus, but notwithstanding anything in this agreement the said territory shall continue to be included within the dominions of His Highness the Maharaja of Jammu and Kashmir.

Article 2

In recognition of the fact that the said territory continues to be included within the dominions of His Highness the Maharaja of Jammu and Kashmir, salutes and customary honours shall be paid in the said territory by the administration on the occasion of the birth day of His Highness, Baisakhi, Dussehra, Basant Panchmi and on such other occasions as may be agreed upon by His Highness and the Viceroy and the Governor-General of India. The flag of His-Highness will be flown at the official headquarters of the Agency throughout the year.

Article 3

In normal circumstances no British or British India troops shall be despatched through that portion of the Wazarat of Gilgit province which lies beyond the left bank of the river Indus.

Article 4

All rights appertaining to mining are reserved to His Highness the Maharaja of Jammu and Kashmir. The grant of prospecting licences and mining leases will not be made during the period of the agreement mentioned below.

Article 5

This agreement shall remain in force for sixty years from the date of its ratification and the lease will terminate at the end of that period.

Maharaja remained vigilant to the outward assertions and manifestations of his sovereignty even after conceding the lease. Consequently, Kashmir flag continued to be hoisted alongwith the Union Jack on the portals of Gilgit fort. Though the deed provided that the lease will be valid for 60 long years and then lapse "automatically" on-rush of fast moving international scenario over took the imperialist designs of the British. The second World War shook the empire to its very foundations and the British decided to withdraw from India and as a direct sequel to this decision the lease was terminated and the area reverted to J&K State. 

The Maharaja deputed one of his Army Officers Brig Ghansara Singh as the Governor of Gilgit. He took over his stupendous assignment on July 31, 1947. On the same day the Union Jack was formally lowered. On August 1, 1947 an illumination was ordered in the entire J&K State officially to celebrate this re-union. Significantly, this was the Day when Mahatma Gandhi arrived in Srinagar on his first as well as last visit of Kashmir. Partition of India saw Gilgit again in the vortex of a grim turbulence. The British Officers in Gilgit had felt a pang when they watched the solemn ceremony of lowering of Union Jack at Gilgit. 

They also looked to the newly carved Pakistan with fond hopes of siding with them in any future polarisation of world forces. They embarked upon fanning the embers of discontent in the territory. Local garrison which was acting under the direction of one Major Brown rebelled. They got encouragement from newly carved out Pakistan authorities who were by then busy conspiring to grab the entire State of Jammu and Kashmir by force. On the night of October 31, 1947 when some four hundred and odd miles away Pakistani raiders were knocking at the doors of an undefended Srinagar, the Gilgit Governor’s residence was surrounded. This date was a watershed in the History of J&K State as the first ever popular Government under the leadership of Sheikh Mohammad Abdullah was by then at the helm of affairs in Srinagar. 

The Governor, after demonstrating remarkable personal valour, was over-powered and put under unlawful arrest. On November 4, Pakistani representatives sent specially to Gilgit, gleefully saw Major Brown hoist the Pakistani flag in the Scout lines and in the third week of November, 1947 Pakistan sent its political agent to rule over Gilgit. 

The last Kashmiri Governor of Gilgit, Brig. Ghansara Singh, was, in course of time, handed over to Indian Government in an exchange of political prisoners and is still as a nonagenarian, living at his home town, Jammu. That Gilgit has been an in alienable part of the territories of Jammu and Kashmir State is borne out by detailed assessment reports of Settlement Commissioners who were deputed during Pratap Singh’s reign (1885-1925 A.D).