Did not Pakistan recognize the Government of the Maharaja of Jammu and Kashmir? Did it not enter into a Standstill Agreement with him by the exchange of telegrams on August 12 and 16,1947 ? International law does not require that the party to an agreement should look behind a recognized government with whom it contracts to see that the Agreement had been arrived to by prior consultations with the people. In fact, the accession was also supported by the National Conference, the largest political party in Kashmir. To quote Sheikh Abdullah who was then leader of the National Conference.
"When the raiders were fast approaching Srinagar, we could think of only one way to save the State from total annihilation: asking for help from a friendly neighbor. The representatives of the National Conference, therefore, flew to Delhi to seek help from the Government of India but the absence of any constitutional ties between our State and India made it impossible for her to render any effective assistance in meeting the aggression...since people's representatives themselves sought an alliance, the Government of India showed readiness to accept it. Legally, the Instrument of Accession had to be signed by the ruler of the State. This the Maharaja did."
http://www.kashmir-information.com/kashmirstory/chapter3.html
is not then the area captured by pakistan is loot ka mal? if not then if it has so much sympathy with kashmir why did it donate northen areas to china?
china was nowhere in picture right!! but of course loot ka mal should be shared among friends.
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