standstill agreement of j&k

It must be remembered that during the late 1940s and 1950s, photocopying and mimeography were not available in India. On October 22, 1947, Pakistan unilaterally broke the Agreement and launched an invasion to forcibly capture Jammu and Kashmir using tribal raiders. Subsequently, the Central Public Information Officer (CPIO) of the National Archives invited me to access the documents under the Public Records Act, 1993[2]. STANDSTILL AGREEMENT. Maharaja Hari Singh signed the Instrument of Accessionon 26 October 1947 in return for military aid and assistance, which was accepted by the Governor General the next day. Strangely, the National Archives refused to provide a photocopy of this page. #4 and 5 above. B. Tauris & Co. Ltd., London, 2003) and A. G. Noorani’s, The Kashmir Dispute: 1947-2012, Vol. [9] With deep respect to Prof. Lamb, it must be said that the parallel he drew in 1991, between the template on which the J&K IoA was drawn up and an application for a driver’s license, is uncalled for, for multiple reasons (see f.n. Does it really exist or not? I walked towards the shelves situated at the end of the hall, my shoes squeaking across the extra smooth flooring, butterflies fluttering in my stomach. My objective in this article is limited – to place legitimately obtained true-to-the original images of the J&K Instrument of Accession along with other comparable and supporting documents to encourage informed debate across the country and elsewhere on this subject. I trust this article has accomplished this objective. The draft of the Standstill Agreement was formulated on 3rd June 1947 by the political department of the British Indian government and stated that all [12] It laid down that all agreements and administrative arrangements then existing between the British Crown and the Nizam would continue with the Government of India. Subsequently, Noorani[19] and others have extensively dwelt upon the manner in which the protection provided by Article 370 was eroded from the very beginning. Several writers have raised doubts about these dates. [15] See the works of Prof. Lamb, Andrew Whitehead and Victoria Schofield, cited at f.n. With the ousting of the British Raj, these treaties would become void automatically. It signed a standstill agreement with Pakistan. The Mysore IoA is preserved in File No. I am not a forensics expert, nor was I familiar with the signatures of the Maharaja of J&K and Lord Mountbatten before I looked at these five IoAs. [13] National Archives Register No. The form of the agreement was bilateral between a dominion and a princely state. A-I/1/47, Year 1947. Standstill Agreements in Public M&A Dealsby Practical Law Corporate & Securities Related Content Maintained • Delaware, USA (National/Federal)A discussion of standstill agreements in mergers and acquisition transactions, explaining the purpose of a standstill, its advantages for the target company, key provisions and issues, and enforceability and fiduciary duty considerations. Standstill Agreement Definition . This is a subject matter for other scholars to research and bring to light her contributions to alleviating the sufferings of the worst affected during the chaos caused by the partition of the sub-continent. When the procurement for an expiring lease cannot be completed before the end of its term and a holdover is imminent, a standstill agreement should be They seem to remain in the custody of the Union home ministry. The state of Jammu and Kashmir, which was contiguous to both India and Pakistan, decided to remain independent. It provided that all the administrative arrangements then existing between the British Crownand the state would continue unaltered between the signatory dominion (India or Pakistan) and the princely state, until new arrange… Page 2 of the document bears the signature of Maharaja Hari Singh and the acceptance of the instrument signed by Lord Mountbatten. Section 6 of the GOI Act relating to the accession of the Indian states to the Dominion was amended to incorporate several changes. The Nizam surrendered after four days, and agreed to Indian demands. The standstill agreements contained recitals which stated that the purpose of the agreements was to extend the period in which proceedings could be issued by the claimants. [4] This is what Prof. Alastair Lamb wrote about the J&K IoA in 1991: “The actual Instrument of Accession…was, in fact, no more than a printed form, not unlike an application for a driving licence, with blank spaces left for the name of the State, the signature of the Maharaja and the date; and it also contained a printed form of acceptance which required dating and signature by Mountbatten as Governor-General.” See Alastair Lamb, Kashmir: A Disputed Legacy 1846-1990, Roxford Books, Hertfordshire,1990, page 137: accessed on 22 October, 2016. Venkatesh Nayak is an RTI activist and a history researcher based in New Delhi. and finally accepted the scheme of administration laid down by the new Constitution. Its origin seems to be based on the write-up attributed to Prof. During discussion, Jawaharlal Nehru, the future Prime Minister of India, doubted if the agreement should cover only 'administrative' matters. Instead of tucking them away and providing access to researchers only on demand, the National Archives should work with the government to display them in a museum which people can visit at will. [21] The text of the IoA signed by the 140 States similar to that of J&K were also laid down before the House. 11(8)-PR/47 on the subject: Kashmir Affairs – Accession of Kashmir State to the Dominion of India. The Tehri Garhwal IoA is preserved in File No. This explains the striking out of “August” to insert “October” in the IoA. The Executive Council of the Nizam discussed the agreement and approved it with six votes to three. So the designation of V. P. Menon had to be typed up manually at the bottom of this document. [20], Subsequently, he signed the Instrument of Accession in November 1948. [19], More seriously, the Ittehad promoted vast armed bands of razakars who threatened communal peace inside the state as well as along the border. [14] Further, the overall faded appearance of this document – just like the other IoAs I picked up – clearly hints to its vintage. It provided that all the administrative arrangements then existing between the British Crown and the state would continue unaltered between the signatory dominion (India or Pakistan) and the princely state, until new arrangements were made. The raiders, as is well known, looted the state with a ferocity till the Indian army came to the rescue. According to Section 7(2) of The Right to Information Act, 2005 where a CPIO fails to send a reply to an RTI application within 30 days, it will be deemed that he or she has refused to the request for information and the right of the applicant to submit a first appeal gets activated automatically. [14], Significantly, the agreement did not provide for the Dominion of India to station Indian forces in the state, whereas British India had maintained various cantonments, particularly in Secunderabad, as part of its "subsidiary alliance" with state. However, eventually some of them signed instruments of merger, to form larger administrative units such as the Matsya Union, Vindhya Pradesh, PEPSU, Travancore and Cochin etc. [12] National Archives Register No. To date no satisfactory original of this Instrument as signed by the Maharajah has been produced: though a highly suspect version, complete with the false date 26 October 1947, has been circulated by the Indian side since the 1960s. Lord Mountbatten seems to have put in the correct date, namely, the “sixteenth” while appending his signature. Similar laws and rules have been put in place by several State Governments for the purpose of placing their old records with their own State-level Archives. [9] The Nizam then appointed a new delegation dominated by the Executive Council members that opposed the previous agreement. Upon the advice of Governor General Louis Mountbatten, Menon prepared a new draft agreement which was sent back with the Hyderabad delegation. [18] India was also accused of violating the agreement by imposing an economic blockade. R. R. 271, page no. [6] See: http://www.jammu-kashmir.com/documents/instrument_of_accession.html, accessed on 22 October, 2016. As can be seen from the documents posted here, the Rulers of Mysore, Tehri Garhwal, Manipur and Udaipur did not sign the standstill agreements annexed to the IoAs, nor did Lord Mountbatten append his signature to the same. 4 of this long document form the National Archives. In response, the Indian government took the position that it would sign standstill agreements with only those states that acceded. South Korea's agriculture ministry issued a temporary nationwide standstill order for poultry farms and related transport on Saturday in a bid to contain a wider spread of highly pathogenic bird flu. This STANDSTILL AGREEMENT, dated as of July 27, 2011 and effective as of the Effective Date (as defined below) (this“Agreement”), is entered into by and among WL Ross & Co. LLC and the persons set forth on Annex Ahereto (collectively, “WL Ross”), EXCO Resources, Inc., a Texas corporation (the“Company,” which term shall, for purposes of this … In an alleged excerpt from another work attributed to him: The Myth of Indian Claim to Jammu and Kashmir: A Reappraisal, uploaded on the website of Pakistan’s Ministry of External Affairs, the following statement is displayed: “The far more important document (a), the alleged Instrument of Accession, was not published until many years later, if at all…. Almost every layperson I met with in J&K during my travel to promote awareness and the use of the state’s RTI Act would point out during informal discussions that the maharaja had recognised the powers of the Dominion to make and implement laws only on three subjects matter, namely foreign affairs, defence and communications. In fact, my inspiration to seek copies of the IoAs including that of J&K came from a reading of three pieces of legislation, namely, The Government of India Act, 1935 (GoI Act), the India Independence Act, 1947 and The India (Provisional Constitution) Order, 1947. The Hyderabad State Congress opposed it because it was seen as a sign of weakness by the government of India. U-I/8/47, Year 1947. Use Schedule J (Form 1040 or 1040-SR) to elect to figure your income tax by averaging, over the previous 3 years (base years), all or part of your taxable income from your trade or business of farming or fishing. This article also critically examines some of the popular claims regarding this document by making a reference to other contemporaneous official records. Second, practicality, based on common sense, dictated the need for printing a common template for the IoA to be used for securing the accession of all major princely States instead of having to retype each document. In a restructuring of a company’s debts, it is an agreement between creditors and the debtor company whereby the participating creditors agree not to take action to collect or enforce their debts for a period of time in which information can be collected and a survival strategy formulated with a view to implementing a formal restructuring. [2] The Public Records Act, 1993 and the Public Records Rules, 1997 lay down the statutory framework for the declassification and the archivisation of official records, including those labelled “top secret”, “secret” or “confidential”, held by public authorities under the Central Government. Given the trying circumstances in 1947 and the sheer number of documents that had to be signed from across the country, such discrepancies are highly likely to occur, especially in a newly created department that was short staffed and had set a near impossible deadline for itself to secure the integration of India. Pakistan had entered into a Standstill Agreement with the Maharaja of Jammu and Kashmir on August 12, 1947. #19 below). Interestingly, while the IoAs and the standstill agreements in the case of Mysore, Manipur, Tehri Garhwal and Udaipur indicate that they were drawn up in the names of the rulers of those states and the Dominion of India, in the case of J&K, both documents are drawn up in the name of the Jammu and Kashmir State. There is no mention of this work in subsequent scholarly publications on Kashmir such as Andrew Whitehead’s Mission in Kashmir, etc. [17], Hyderabad violated all clauses of the agreement: in external affairs, by carrying out intrigues with Pakistan, to which it secretly loaned 15 million pounds; in defence, by building up a large semi-private army; in communications, by interfering with the traffic at the borders and the through traffic of Indian railways. [18] See the title of both documents in the images accompanying this article. The J&K standstill agreement, however, was signed by Maharaja Hari Singh himself and for good reason. P-I/20/47, Year 1947. All these rulers also initially acceded to the Dominion limited to the same three subjects. R.R. Standstill agreements are commonly used in litigation. The first three pages contain the text of the terms of the accession- this is the IoA proper. This would have required at least 280 documents to have been typed up i.e. But he maintained that an accession would lead to disturbance and bloodshed in the state. … [7] On 11 October, Hyderabad sent a delegation to Delhi with a draft Standstill agreement, which was characterised as "elaborate" by V. P. Menon, the secretary of the States Department. The standstill agreement usually specifies that junior lenders are prohibited from taking action for up to six months after the borrower goes into default. A standstill agreement was an agreement signed between the newly independent dominions of India and Pakistan and the princely states of the British Indian Empire prior to their integration in the new dominions. [1], The draft of the standstill agreement was formulated on 3 June 1947 by the Political department of the British Indian government. I/33/47, Year 1947. The J&K standstill agreement, however, was signed by Maharaja Hari Singh himself and for good reason. It will not be an exaggeration to describe the IoAs and the standstill agreements as the threads that knit the disparate administrative jurisdictions into a Union. Article 306a – which would later become Article 370 – laid down the terms and conditions of this relationship. [1], Both the draft agreements were presented to the Chamber of Princes on 25 July. They can also save the cost of the … 1. Re-discovering the J&K Instrument of Accession. I am also grateful to the staff of the library for providing immediate access to the volumes containing the CA-L debates and facilitating photocopying of the relevant pages despite the fact that the monsoon session of Parliament was on at that time. I pointed out that the IoAs were required to be tabled before the CAL and the Lok Sabha being a successor body to the CA-L, ought to have maintained copies of these documents. Interestingly, the provisions under Article 370 were intended to be transitional and temporary in nature. On account of the troubled times that J&K has been passing through since July, there is little space for celebrating this event, but a sober commemoration of this historic moment is necessary. Legal proceedings are required to be issued within certain timeframes under the Limitation Act 1980, but, if for some reason it is not appropriate or cost effective to issue the proceedings within that timeframe the parties can agree, through a standstill agreement, not to issue them and that if they subsequently need to, they will not be … It turned out that the state of Bombay was interfering with supplies to Hyderabad without the knowledge of Delhi. The date of signature of the IOA is mentioned as October 26, 1947 and the date of acceptance as October 27, 1947. In all these cases, the standstill agreements were signed by the rulers’ subordinates. It was in fact Article 306a that gave rise to Article 370. Over the course of the next 6 months, the Indian troops were withdrawn from the state. In the case of Mysore, the standstill agreement was signed by the dewan (prime minister) of Mysore, in the case of Manipur, it was signed by the private secretary to the maharaja, in the case of Tehri Garhwal it was signed by the chief secretary of the state and in the case of Udaipur it was signed by the then acting prime minister. India also delayed arms shipments to Hyderabad from India, which was later claimed to be a breach of the standstill agreement. The Nizam of Hyderabad, who had previously received a three-month extension to agree new arrangements with the Dominion of India, wrote to the Government of India on 18 September that he was willing to make a treaty of association with India. The exceptions were Hyderabad, a large state in the centre of South India that received an extension for a period of two months, and three small states in Gujarat: Junagadh and its subsidiaries (Mangrol and Babariawad). The term standstill agreement refers to various forms of agreement which businesses may enter into in order to delay action which might otherwise take place. Standstill Agreement a) During the period commencing on the Closing Date and ending on the Standstill Termination Date (the "Standstill Period") except as (x) specifically permitted by this Agreement (including sales made in compliance with the provisions of Section 4.9) or (y) specifically approved in writing in advance by the Board of Directors of the Company, the Purchasers shall not, … Some writers have commented on the overwriting visible in the J&K IoA to argue that it is not a genuine document. I have already shown that the text of the IoA templates was retyped for the purpose of laying them before the CA-L. Of course the government could have anticipated its future acerbic and often vituperative critics and included photographs of the signed copy of the J&K IoA in all these documents. The agreement provided that all the administrative arrangements of 'common concern' then existing between the British Crown and any particular signatory state would continue unaltered between the signatory dominion (India or Pakistan) and the state until new arrangements were made. The then yuvaraj of J&Km who exercised all powers delegated to him by the Maharaja, issued a proclamation on November 25, 1949 stating that the soon-to-be-adopted Constitution of India would govern the relations between J&K and the Union only to such extent as its provisions would apply to J&K. sign Standstill Agreements with both the Dominions. 27. A States Negotiating Committee was formed to discuss both the agreements, consisting of ten rulers and twelve ministers. [8], Soon the Nizam came under pressure from Majlis-e-Ittehadul Muslimeen (Ittehad), the Muslim nationalist party that was active in the state, and backed off from the agreement. The Indian Independence Act of 1947 had put forth the legal basis for the departure of the British from the subcontinent, and guaranteed Partition. Why it elected not to do so, is not my job to explain. [2], The standstill agreement was separate from the Instrument of Accession, formulated by the States Department around the same time, which was a legal document that involved a surrender of sovereignty to the extent specified in the Instrument. That explanation should come from the government of India. However, at least three indicators seem to testify to the genuineness of the J&K IoA. [5] The retyped text of this document is currently accessible on a privately hosted website. Note: An earlier version of this article stated that Article 309 became Article 370. [11] National Archives Register No. It was not differentiated from the letter i until comparatively modern times. [3], Some native rulers of the princely states attempted to buy time by stating that they would sign the Standstill agreement but not the Instrument of Accession until they had time to decide. The author has in his possession a legitimately obtained photocopy of Copy No. Pakistan had entered into a Standstill Agreement with the Maharaja of Kashmir on August 12, 1947. These documents are open for researchers to access at the National Archives. [17] While I have not read the original work, Kashmir: Triumphs and Tragedies, Gulshan Books, Srinagar, 2014, authored by Dr. Abdul Ahad, an archivist of repute (this book is out of stock on all e-seller websites), I found a reference to his claims in Abdul Majid Zargar, “Kashmir Accession Document Shrouded in False Myths”, Counter Currents, 27 October, 2013. The Backstory of Article 370: A True Copy of J&K’s Instrument of Accession, website of Pakistan’s Ministry of External Affairs, Kashmir in Conflict: India, Pakistan and the Unending War, http://www.jammu-kashmir.com/documents/instrument_of_accession.html, website of the Commissioner of Customs, Excise and Service Tax, Hydebarad-IV, The Story of the Integration of the Indian States, Kashmir Accession Document Shrouded in False Myths. Sardar Vallabhbhai Patel, as the deputy prime minister, in charge of the Ministry of States, tabled the IoA of J&K along with those signed by 116 other princely states before the CA-L on 19 November 19, 1947. STANDSTILL AGREEMENT, dated as of October 27, 2004, among DREAMWORKS ANIMATION SKG, INC., a Delaware corporation (the “ Company ”), DW LIPS, L.P., a California limited liability partnership (“ DW Lips ”), M&J K B LIMITED PARTNERSHIP, a Delaware limited partnership (“ M&J K B ”) (solely for purposes of Section 4.06(b)), DG-DW, L.P., a Delaware limited partnership (“ DG-DW ”) (solely for … [8] Please note that the image files have been created from the images I obtained legitimately upon payment of the prescribed fees at the National Archives. The J&K IoA lay in a cream coloured folder at one corner of a shelf waiting to be picked up. So the government perhaps appended only a copy of the IoA template which was commonly used to secure the accession of the 140 princely States to these documents. Pakistan immediately accepted, but India asked for further discussions. STANDSTILL AGREEMENT AND FIRST AMENDMENT TO LOAN AGREEMENT . [10] Former Hyderabad bureaucrat Mohammed Hyder called this event the "October Coup". #4 below) or in Victoria Schofield’s Kashmir in Conflict: India, Pakistan and the Unending War”: I. Chiefly, there were two kinds of jurisdictions – the principalities – large and small which were ruled by hereditary princes and provinces which were directly under British administration. The 1948 White Paper in which the Government of India set out its formal case in respect to the State of Jammu & Kashmir, does not contain the Instrument of Accession as claimed to have been signed by the Maharajah: instead, it reproduces an unsigned form of Accession such as, it is implied, the Maharajah might have signed. In his judgment, Mostyn appeared to state that the whole idea of standstill agreements was invalid, and that it was not for the parties to a case to override deadlines set by statute. Those documents, whose existence is not in doubt, thankfully, are not included in the file containing the IoA and the standstill agreement. History, etymology, and pronunciation of j, the 10th letter of the alphabet. However, another myth that popular lore about J&K has perpetuated is that Maharaja Hari Singh signed a specially drafted Instrument of Accession that took care of his demands. 140 sets of 2 documents each – one copy for the Ruler who signed the IoAs and another for the government of the Dominion. A comparison of the four IoAs of Mysore, Manipur, Tehri Garhwal and Udaipur that I accessed from the National Archives and a careful reading of V. P. Menon’s narrative account of the process by which India was integrated, indicates otherwise. (see f.n. The Indices of Proceedings of the Ministries of State and Home Affairs, 1947 onwards, contain references to several files which demonstrate the leading role played by her in the relief and rehabilitation efforts. Agents would be exchanged between Hyderabad and India. [5] “The Instrument of Accession is in the holdings of India’s National Archive. This STANDSTILL AGREEMENT (this “Agreement”) is made and entered into this 3rd day of March 2004 by and between Ask Jeeves, Inc., a Delaware corporation (the “Company”) and (the “Stockholder”). There are, indeed, grounds for suspecting that he did no such thing. Menon’s tome contains a detailed account of these developments. Through this article in The Wire, I can confirm that the J&K IoA exists for real, is safe and well preserved in the collection of the National Archives. [3] National Archives Register No. [1] While the Central Public Information Officer (CPIO) of the MHA did not bother to reply to my request, my RTI application was transferred to the National Archives only after I submitted the first appeal to the appellate authority in MHA. IoAs signed by the several other princely States contain a standstill agreement between them and the Dominion of India as annexures.[9]. Standstill Agreement An agreement between a target company and a potential hostile acquirer whereby the acquirer agrees not to buy any more of the target company in exchange for some compensation. The printed stationery mentioned the month of August, leaving a blank space for filling up the exact date of accession at the time of signature by each Ruler. These included defence, external affairs and communications (the three subjects normally covered in the Instrument of Accession). This is an area I intend to research next, so I will not offer any comment on this matter for now. When the MHA did not respond to my request for copies of the IoAs, I filed an RTI application with the Lok Sabha secretariat seeking access to the same documents and the CA-L debates. Nizam expressed acceptance but delayed signing the agreement. On the same day Prime Minister Jawaharlal Nehru made a statement on the events in J&K at the CA-L. Note: This article was first published on October 26, 2016 and is being republished on August 5, 2019. So I elected to pick up one IoA from each part of India – east, west, north and south as representative samples. The compensation may be monetary; that is, the company can simply buy off the acquirer. There were other templates for the IoA of the smaller princely States, especially, the rulers of small sized principalities in Gujarat, Maharashtra, Chhattisgarh and Odisha. This document is surprisingly replicated on the website of the Commissioner of Customs, Excise and Service Tax, Hydebarad-IV, accessed on 22 October, 2016. Another for the purpose of the IoAs General Louis Mountbatten, Menon a... Good reason while India asked for further discussions on its contents never done Article. 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