Senior Supreme Court lawyer Rakesh Dwivedi says in his argument, ‘We do not want to talk about the truth. Who was the supreme commander of the armed forces, Auchinleck. All three generals of India were British. All three generals of Pakistan were British. What was this war (Pakistan’s attack on Kashmir)? It was Churchill who had decided that India would be divided. It was all a game of geo-politics. This war was a British war. They had prepared for it from both sides. Where did the attackers come from? From North West Frontier Province (NWFP). After two terms Mr Cunningham, who had been Governor of the North-West Frontier Province, was recalled in July. Just before the elections.
Describing the circumstances at that time, Dwivedi further said, ‘The attackers were trained, sent on trucks with army weapons. Pakistan’s army had just separated from India. And the biggest, most obvious example is, who was fighting? What is PoK today? Two-thirds of PoK is Gilgit-Baltistan. And who fought the war there? The attackers did not. It was Major Brown. Who was the agent there? They were reposted by Cunningham in exactly the same July. They killed all the forces of Maharaja (Hari Singh). Ansar Ahmed was posted there and was arrested. And he raised the flag of Pakistan in four days and he handed it over to Cunningham. He sent Pakistan army to Alam and he captured Gilgit-Baltistan. Where is the war with Pakistan? It’s British. But if we turn a blind eye to all this.
He says, ‘Is this a war of invaders? The attackers could not have reached Srinagar on their own. The war had almost reached near Leh from Karadu and Kargil. So it was a different kind of war, but no one could say because Mountbatten was there as Governor General. Don’t know why our leaders did this? Jinnah clearly said, I will not accept any British Governor-General. But we were told, no, we accept the Governor General. So what is this war? Not only this, when the war started, they (the Nehru government) formed a Defense Committee and made Mountbatten its chairman. So this is a strange situation, but Mountbatten is the chairman of the Defense Committee.
The senior lawyer further says, ‘Auchinleck is the supreme commander of the armed forces. All the generals are British and one Britisher leads a rebellion and when he returns to England he is given the Medal of the British Empire. So it is not a war situation. So when you read the Constitution and 370, please keep in mind the circumstances under which our leaders were moving forward. We had no desire to push back the attackers and regain our land. He deliberately stopped the war at one time and went to the United Nations because if we had gone further back till Mirpur, that connection with Gilgit-Baltistan would have been broken.
Rakesh Dwivedi continued his argument and said, ‘These are all true facts. No one can deny it. And what was the United Nations? The same powers that wanted to partition India because of geopolitics, America and Britain, were made the mediators. Fortunately, Pakistan refused to vacate PoK. Therefore that proposal has ended. There is no need to talk about the UN, but look at the seriousness of the situation at that time when Article 370 was created.