745.45F/12–2947: Telegram

The Chargé in India ( Donovan ) to the Secretary of State

secret

1162. Deptel 814 December 29. 1. I saw Bajpai noon today and communicated to him Department’s regret breakdown Lahore talks. I outlined Department’s suggestions regarding settlement Kashmir problem under terms UN charter. Bajpai said he felt GOI had taken all possible steps as provided by Article 33 UN charter. He pointed out GOI had endeavored negotiate Kashmir question with GOP and it felt other means settlement outlined Article 33 not feasible since tribesmen were in fact stateless persons as GOP refused accept responsibility their entry Kashmir.

2. He said joint approach by GOI and GOP was impracticable since GOP had consistently adopted attitude it had nothing to do with raiders’ activities.

3. GOI feels question plebiscite must not be confused with problem cessation hostilities and withdrawal of raiders. Therefore GOI believes Department’s suggestion of requesting Security Council arrange impartial commission hold plebiscite Kashmir would only lead to confusion issues involved.

4. Embassy certain GOI feels only course practicable under circumstances is appeal SC and request SC instruct Pakistan prevent entry [Page 188] raiders Kashmir from Pakistan territory. Note to UN already prepared and Bajpai thinks will be sent today or tomorrow. He indicated note to UN would state unless Pakistan took measures restrain entry raiders Kashmir and prevent use Pakistan territory as base for raiders GOI troops might be compelled enter Pakistan. Entry Indian troops Pakistan in Embassy’s opinion could only result open hostilities between GOI and GOP. Cabinet meets 3 p.m. today when final decision regarding appeal UN will be taken. Bajpai will let me know immediately result Cabinet meeting.

5. Reasons breakdown Lahore talks was question administration of Kashmir until holding of plebiscite. Pakistan felt if Sheikh Abdullah continued as head of emergency administration he would be able after imprisoning opposition raiders to obtain majority in favor of the administration and in favor of approval of accession of Kashmir to India. GOI demanded raiders withdraw and that state remain under Abdullah’s administration and then plebiscite be held.

6. Embassy advised by UK High Commissioner’s office that it has been informed HMG believes feeling so strong between GOI and GOP regarding Kashmir issue that recourse UN only feasible solution.

7. Embassy’s appraisal situation is as follows:

(a)
GOP is in very difficult military position Kashmir with little hope success under present conditions supply and communications between India and Kashmir. GOI is deeply committed to support of Sheikh Abdullah and withdrawal from present position impossible from view prestige. GOP realizes difficulties GOI and will be correspondingly unyielding.
(b)
Embassy views situation with grave concern and can see no solution other than appeal to UN by GOI.
(c)
Only hopeful indication is Bajpai’s statement to me that after withdrawal raiders GOI will abide by its previous statement agreeing to plebiscite Kashmir under international auspices.

Sent Department 1162, repeated Karachi 104. Department please repeat London.

Donovan