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MASTUJ AGREEMENT, 1914 Whereas His Majesty's Secretary of State for India has been pleased to sanction the transfer of Mastuj (including Yarkhun and Kuh) and Laspur to my direct administration, I, Shuja-ul-Mulk, Mehtar of Chitral, hereby on behalf of myself and my successors, accept and undertake to abide by the following conditions: - 1. I acknowledge the suzerainty of His Highness the Maharaja of Kashmir and Jammu and in taken thereof will resume the annual payment of the following 'Nazrana' viz: - 3 horses, 5 hawks, 5 tazi dogs (hounds) 2. I recognise the limit of my state to be the drainage area of the Chitral river as far south as the boundary with Afghanistan demarcated by the commission 1895. 3. Without the previous approval in writing of the Political Agent I will not enhance the revenue demand from the transferred districts of change the methods of its collection. The exemption from the payment of the revenue now enjoyed by the inhabitants of the district of Laspur will be continued till the year 1945. 4. Without the previous approval in writing of the Assistant Political Agent I will not increase the Kar Begar now taken in the transferred districts. It will be limited to the carriage of my personal loads and the construction of the Mehtari buildings. Provided only, that with the concurrence of the Assistant Political Agent, Kar Begar will be permissible for the construction of new water courses, on the special condition that the land thereby brought under cultivation will be allotted to the needy classes of the country and not added to Mehtari lands. I will continue any special exemption from Kar Begar to individuals during their life time which has been granted in the past by Government Officers. 5. Without the previous approval in writing of the Assistant Political Agent I will not remove the present headmen of the transferred districts. 6. Without the previous approval in writing of the Assistant Political Agent I will not set aside decisions in cases of any nature made by the Assistant Political Agent nor reopen such cases. Cases now pending with the Assistant Political Agent will be decided by the officers. 7. Without the previous approval in writing of the Assistant Political Agent, I will not dispossess present owners in the transferred districts of their lands nor confiscate such lands. 8. In consideration of my acceptance of the above conditions the subsidies now paid to me and certain officials (viz Rs. 12,000 a year paid by Government of India and Rs. 12,560, a year paid by the Kahmir Darbar) will be continued, subject to the proviso that the payment at present aggregating Rs. 4,560 a year made by the latter to certain officials and headmen will gradually cease as the present recipients die or are removed from office. SHUJA-UL-MULK, Methar of Chitral Dated 22nd April 1914 ___________________ Attested: D.G.WILSON Assistant Political Agent, Chitral India Office, London, 14th November 1913 Secret, No. 34 To his Excellency the Right Honourable the Governor General of India in Council. My Lord, I have had before me the secret letter of your Government in the foreign Department, No. 103, of 9th October in which you propose to replace the districts of Mastuj (including Yarkhun and Kuh) and Laspur under the direct administration of the Mehtar of Chitral. 2. The transfer of these districts from Chitral in 1895 formed part of the measures designed by lord Elgin's Government to give effect to the decision of His Majesty's Government to evacuate that State, wand with the reversal of that decision the immediate ground for the transfer disappeared. Your Excellency has now carefully reviewed the local considerations for the against the maintenance of the status and you have satisfied me that the balance inclines against it. 3. I according sanction the restoration of the districts in question to Chitral on the condition indicated is paragraph 10 of your letter. I note that the Kashmir darbar is willing to continue permanently the Mehtar's subsidy and temporarily certain other payments to officials and headmen in Chitral and I approve your proposed to mark the suzerainty of Kasmir by reviving the payment of the annual tribute by Chitral which has for some years fallen into abeyance. I have the honour to be, My Lord, Your Lordship's most obedient humble Servant, (Signed) CREWE Confidential 1167 RECEIPT Telegram Grade 'C' From .............. Norwef, Peshawar To .................. Foreign, Karachi. No. 391-CB T.O.O. 1800 Dated (and received 18th) November 1947 T.O.R. 2045 Immediate Following from Governor of the N.W.F.P. Peshwar. Mohammad Alad arrived Gilgit by air Sunday November 16th. Pilot returned Peshwar afternoon 17th with report that Mohammed Alam was enthusiastically received. Mirs and Rajas are expected to arrive Gilgit today to report PAKISTAN representative. Coup d' Etat was bloodies without looting or damage. Kashmir Governor and staff are safe and under scouts protection. Hindu and Sikh shopkeepers carrying on normal business. Also reported that Kashmir troops at Bunji were surprised and disarmed on October 31st. 2. I consider that Brown and of the son officers of Gilgit scouts should be withdrawn at once from Gilgit. They have done very well in recent crisis once they are technically servants or Kashmir Government their position is equivocal. ________________ F.J.L.(P) J.S. (F) D.S. (F) D.S.(S) 'C' Branch (working copy) 'B' Branch P.L. PSQ Secy Genl Ministry of Defence DTB. 19th November. CONFIDENTIAL Telegram Reno. 66-TB dated (and recd) 30th May 1941. From...... Norwef, Nathiagali. To ......... Foreign, Simla. Following from Assistant Political Agent Chitral. Begins. It is rumored in Chitral that a relation of Mir of Nagir is to be appointed Governor of Yasen. This is strongly objected to by His Highness and other Katuras of Chitral who claim that Governorship of Yasen in historical right firstly of Khushwakht and secondly of Katur clan. His Highness requests consideration of representation posted May 28th to Chief Secretary before appointment confirmed addressed to North West Frontier repeated to Political Gilgit. Ends. His Highness' representation awaited. __________ CONFIDENTIAL EXPRESS LETTER No. 776 CTB/4-STB (III), dated Nathiagali, the 4th June 1941. From – Norwef. Nathnigali. To – Foreign. Simla Message: - Continuation Local Administration's telegram NO. 66 – TB dated 30th May, 1941. 2. A copy of H.H. the Mehtar's representation with appendices is enclosed. 3. The representation is being examined and comments, if necessary, will follow. The issue of the above has been authorised. Sd/- A.D.F. Dundas. Chief Secretary to Government, NWFP. _________________________________ Chitral State Dated the 28th May 1941. My dear friend, During the period of war I did not like to confront the Government with any new request and so cause complication, but the report that a member of the ruling family of Nagar is being appointed the Governor of Yasen has caused such a consternation to the member of my own family and clan that I think it most urgent to bring it to your notice. About three hundred years ago the two brothers Mantaram Shah called Shah Katur the 1st and Khuahwaqt divided the Chitral State among themselves. Yasen since then became the seat of the descendants of Khushwaqt uninterruptedly till the year 1880, when my grand father Annual Mulk occupied all the three districts of Yasen Ghizr and Ishkoman and annexed them to Chitral ousting Mohiudding Pahalwan the ruler of Yasen. Till the year 1895 Yasen Ghizr and Ishkoman remained a part of Chitral. In 1895 these three districts were separated from Chitral state and the eldest son of the late ruler of Yasen, Abdurrahman Khan by name was appointed the ruler of Yasen, and Ghizr was also given to him. Ishkoman was given by my grand father to the exiled ruler of Wakhan, and remained in his hands till his death and was not annexed to the reconstituted principality of Yasen. As it was an act of clemency on the part of Government, it did not disturb our minds very much Later on Ghizr and Kuh were separated from Yasen and were made separate governorships under one Murad khan. As Murad Khan did not belong to any of the ruling houses of Gilgit Agency, his appointment was not very much resented being considered as a temporary measure. Now the crux of the whole question is that from Poonial to Chitral it is the heritage of one family and the members of this family are spread throughout the length and breadth of this country and many of them are in the service of the Government in different capacities. If a member of the ruling family of a state, who does not belong to our race is made Governor in any of these districts, then it shall be giving them a right which they never had in the history and depriving us all of our legitimate heritage. As the beginning Government always looks to the rights and privileges of the people in all the corners of the Empire, so we have also a right to crave justice of the benign Government to our cause and not to dish out our heritage to outsiders while our own cousins who are the rightful rulers of the country are also aspirant to the kind favours of the Government. In the presence of a legitimate son of late Abdurrahaman Khan no one can claim Yasen by right. After the Khushwaqtas the second rightful clan is the Katur family of Chitral, both by right of conquest and by right of descent. The Burushas, a side branch of Khushwaqtas have always remained confined to Poonial, and before Abdurrahman Khan's time have never taken any interest in the affairs of Yasen buy they are also the possible claimant after the two aforesaid clans. But to bring a man from Nagar or Hunza shall be considered a great act of injustice for us all, because those people for the last three or four hundred years have never dared to come out of their valley and to interfere in the possessions of our family. I also attach herewith a position, which the members of my family have given me. A Genealogical tree of the Descent of Khushwaqtas is also attached. Your most sincere friend. Sd/- Mehtar of Chitral 4. These instances show that weak old men cannot function properly as Governors in these District and therefore it seems only a wise precaution to ensure, by means of the proposal now under consideration, that in future no Governor shall remain in official harness beyond the age when it may reasonably be expected that his mental and physical powers will decline. Sixty is, I think, the latest age which can safely be adopted if this precaution is to be effective. 5. There remains the question of the Maharaja of Kashmir's concern with the proposed changes. As Suzeain of these Districts, His Highness should I think be consulted, and his approval to the new rules should be obtained before they are made public. I propose therefore to refer the proposals to the Kashmir Government as son as I hear that they have been accepted by the Government of India and to obtain His Highness' formal consent before authorising the Political Agent to announce the changes. 6. All this must take time, but the earlier the retirement of Raja Mir Baz Khan and His succession by Khan Saheb Mahbub Ali Khan Takes place the better, and so I would request that the Government of India's approval of these proposals may kindly be conveyed to me as early as possible. I have etc., Sd/- D.M. Fraser, Resident in Kashmir __________________________ CONFIDENTIAL D.O.No. Srinagar; D.737-C/41. The 19th May 1941. Governorship of Yasen. ________________ My dear Caroe, Will you kindly refer to the correspondence ending with my official letter No. D.668-C/41, dated the 10th May 1941, on the above subject. I enclose, for your information, a copy of a demi-official letter No. D.200-C/41, dated the 7th May 1941, with enclosure, that I have just received from Crichtoh in connection with the appointment of Khan Saheb Mahbub Ali Khan as Governor of Yasen. The suggestion of His Highness the Mehtar is clearly preposterous and I suggest that His Highness the Mehtar of Chitral might be given a hint through the North West Frontier Province Government not to middle Mir Yasen affair. Yours sincerely, Sd/- D.M. Fraser. K.Garos, Esquire, CBI..., CIE.... Secretary to the Government of India In the External Affairs Department, Simla CONFIDENTIAL DEMI OFFICIAL LETTER FROM LIEUT COL G.D. OGILVIE, C.I.E., RESIDENT IN KASHMIR, NO. 355-C/30, DATED TEH 18TH DECEMBER 1930. I submit for the consideration of the Government of India a memorandum (Encl) prepared by me regarding the future of the Gilgit Agency. It has been prepared in close consultation with the Political Agent, Gilgit, who fully realizes the need for a change in the present arrangements and agrees that the solution proposed is the only one of real practical value. I have also discussed the question informally on several occasions with Wakefield and he is entirely in favour of my solution, but he has not yet broached the subject to the Maharaja and cannot of course commit him in any way. I am therefore submitting the proposal demi-officially at this stage. If the Government of India generally approves the solution which I advocate, I suggest that I should be authorised to lay it before the Maharaja, informally in the first instance, and ascertain what his views are. It is possible of course that he may not approve it. In that case we shall have to think of something else. I am quite convinced that the problem must be tackled and some sort of modus Vivendi arrived at. The present position is intolerable and will become more difficult as time goes on, unless some arrangement fully accepted by all parties can be evolved. The importance of laying down, in agreement with the State, the exact position of the Government of Jammu and Kashmir vis a vis Hunza and Nagir and the political districts is obvious. This question is dealt with in paragraph 46 of the memorandum. But it is of equal, if not greater importance, that, by a system of agreed safeguards unauthorized encroachments by the state on the internal autonomy of the political areas should be prevented. That this is essential is shown by a request, which I have received from the State, since my memorandum was written that, in order to tighten up the customs arrangements of the Kashmir Government on their northern frontier, the political agent should be asked to arrange for the establishment of Kashmir State customs posts at suitable places in Hunza, etc., for levying duties on goods imported from Central Asia into across Kashmir into British India). This request was couched in language that purported to show that the State regarded it as a mere matter of routine. I have not consulted the Political Agent, but I imagine that the Rulers of the political areas would strongly resent any such arrangements, though under the literal interpretation of the Hunza and Nagir Sanads, which are distinctly severe, the State could make out a plausible case for compelling them to agree – action which might have a very undesirable effect on the peace of this frontier. _______________ MEMORANDUM ON THE FUTURE OF THE GILGIT AGENCY INTRODUCTORY The Gilgit Agency has now been in existence for forty years. When it was founded in 189 the conditions were entirely different from those of the present time. A marked change in the attitude of the Kashmir State towards the existing political arrangements in the Agency has made it necessary that the whole position should be carefully examined and that an attempt should be made to find a solution of the local difficulties which have unfortunately been of frequent occurrence since 1922. In this memorandum it is proposed first to give the history of the Gilgit Agency secondly to explain the nature of the difficulties which have arisen and finally to suggest a solution which it is hoped will be equally satisfactory to the imperial Government the Kashmir State and the local political authority. SECTION I The History of the Agency 2. The early history of the tract of country now known as the Gilgit Agency is veiled in obscurity. The locus classics are Chapter XIX of Drew's monumental work "The Jammu and Kashmir Territories" published in 1975. All subsequent writers have founded their observations on that chapter and I have been unable to find any other author who has thrown any fresh light on the subject. In 1842 the Sikhs, who then ruled Kashmir, entered the Gilgit Wararat at the request of Karim Khan, brother of the Raja of Gilgit whose life had been taken, and kingdom usurped, by Gauhar Aman of Yasen. Before that date the history of Gilgit had been for about thirty years a confusing series of invasions, usurpations and murders, of which it would be unprofitable and useless to give details in this memorandum. The Sikhs defeated Gauhar Aman and established themselves in Gilgit. Gauhar Aman however turned; and himself defeated the Sikhs with great loss. Reinforcements were sent up at once but before they arrived negotiations were entered into, with the strange result that it was agreed that the Sikhs should hold Gilgit and that Gauhar Aman should give his daughter in marriage to Nathu Shah, the Commander of the Sikhs". Karim Khan was installed as Raja of the tract of country which is now the Gilgit Tahsil but the Sikhs remained and the real power passed from the hands of the nominal ruler." 3. In 1846 the British armies had broken the Sikh power and the treaty of Amritsar was signed, in accordance with which Kashmir (which of course included Gilgit) was transferred to Maharaja Gulab Singh. Thus the Jammu Ruling Family came into possession of Gilgit. But the Maharaja held it only for six years. In 1852 it was reconquered by the people of Yasen under their chief, Gauhar Aman and was held by them till 1860 when Gauhar Aman's death and local intrigues enabled the Maharaja to recover it. During these eight years the Maharaja's troops had held the line of the Indus but they now advanced beyond Gilgit and penetrated as far as Yasen which they took. It was however no part of their plan, to hold it, and after a few days they retired to Gilgit. Desultory hostilities continued till 1863 when the Kashmir troops again invaded Yasen and sub continued till 1863 when the Kashmir troops again invaded Yasen and subdued it with great adversity, a complete and lasting defeat which finally, cowed the Yasen leaders. The state forces indeed at once retired to their old boundary but for a few years Yasen was in some sense tributary that is the chiefs sent their agents to Jammu with presents and were anxious to keep on good terms with the Maharaja. The next disturbance was in 1866, when the Gilgit authorities found the State of Hunza such a thorn in the side that they marched upon it. They were however compelled to retreat and this sign of weakness reused the whole country. The tribes collected from all sides and besieged Gilgit fort; but melted away at the approach of reinforcement from Kashmir. The State forces thereupon embarked on a positive expedition into the Darel Valley. The principal Darelis made their submission and the Kashmir force retired. Since that time the Kashmir troops except for a few unimportant reverses, have maintained themselves without serious opposition and have consolidated the power of the State throughout the Gilgit Wazarat. Beyond the frontier of the Wazarat the political control of the Kashmir State was only nominal and it was not until the Gilgit Agency was re-established that the political districts reaizing that the power of the Imperial Government was behind the State, were brought under effective military control. It will be seen later that even after the arrival of the Imperial representative Hunza and Nagir risked one last challenge and that they were not subdued until they had been defeated in battle by a mixed force of Imperial and state forces led by British officers. 4. Nothing of any particular political importance occurred for nearly a decade after the disturbance of 1866 described in the previous paragraph. Early in 1873 however the Government of India received information from the Maharaja that the Russians were trying to establish themselves at Sarikol; and that they had made overtures to one of his subjects. Who had been trading in Yarkand, designed apparently to open negotiations with the Kashmir Darbar. This was the first intimation of the Russian manace which was for many years to loom large and to stimulate the watchful interest of the Government of India on events in the Hindu Kush and beyond it. 5. It was because of this ever present menance that in 1976 the Government of India determined to acquire through the Maharaja of Kashmir "an efficient control over the passes of the Hindu Kush between the eastern confines of Afghanistan and the North Western Frontier of Kashmir". It was anticipated that the Maharaja, supported by the British Government, would be able to gain in this country sufficient influence and control to enable the Government of India "In course of time to make such political and military arrangements as will effectually command the passes of the Hindu Kush". 6. Negotiations were therefore opened with the Kashmir State for the posting of a political officer at Gilgit "for the purpose of obtaining information as to the progress of events beyond the Kashmir frontier". The viceroy conducted these negotiations personally with the Maharaja who readily agreed to the proposal but asked for assurances that the political officer should exercise "no interference in any affair affecting trade or my administration, or any matter regarding my subjects, officials and servants". In a kharita dated the 22nd December 1876 to the Maharaja Lord Lytton gave the assurances asked for He added, I beg frankly to reassure your Highness that the appointment has been proposed by me solely with a view to extend the influence and strengthen the power of Your Highness Government on the frontier, and in no wise to weaken the authority or lower the dignity of your rule, which it is the wish, as well as the interest of the British Government to support and uphold. 7. Captain, J.Biddulph was accordingly appointed on the 22nd September 1877 as "Officer on Special duty at Gilgit" and his letter of instructions contained, inter alia, the following sentences "The duty with which you are primarily charged is to endeavour with the co-operation of His Highness and Highness officials to collect and furnish reliable intelligence of the progress of events beyond the Kashmir frontier. You will endevour in consultation with the Kashmir authorities to cultivate friendly relations with the tribes beyond the border in view to bringing them gradually under the control and influence of Kashmir but you will on no account interfere with the internal administration of the Maharaja's territories or encourage complaints against his government." 8. Captain Biddulph's appointment was not a success. In a few weeks he found himself surrounded by a network of local intrigues. He was apparently quite unable to cope with such tactics and he seems to have been grievously wrong in his judgment of the character and capacity of the chiefs and others with whom he came in contact. He visited Chitral and other places of local importance and wrote voluminous reports, but his efforts to establish peace and confidence proved vain. Towards the end of October 1880 a serious tribal rising took place in the Agencly. Pahlwan Bahadur, ruler of Yasen, and father of the present Governor of that district, aided by Hunza attacked the fort of Sherkilla, 24 miles from Gilgit Captain Biddulph accompanied the Kashmir troops to the relief of this fort, but the force was threatened with the cutting of its comunications and had to retreat to Gilgit where it was invested (and Captain Biddulph with it) by Pahlwan Bahadur. He however raised the siege a few days later on hearing that his own State of Yasen had been seized behind his back by Nizam-ul-Mulk of Chitral. The disturbances then subsided and Captain Biddulph was ordered to return to India his place being taken as a temporary measure by Colonel Tanner. 9. The crisis at Gilgit gave an opportunity of reconsidering the existing policy. It was felt that no useful purpose would be served by maintaining the appointment, as none of the objects with which it had been made had been attained. Captain Biddulph therefore did not go back to Gilgit and Colonel Tanner was withdrawn in July 1881. The Agency had been in existence nearly four years. When the decision to withdraw was communicated to the Maharaja it was made clear to him that the Government of India reserved to itsef "full discretion to send back a British Officer to Gilgit, it this should hereafter appear desirable." 10. The withdrawal of the Gilgit Agency marked not so much a change of policy as a change of plan. And the gist of the plan was "to leave the local management of affairs on the Northern frontiers in the hands of the Kashmir Darbar, at the same time requiring them to keep us accurately informed of the course of events in that direction, and to consult the British Officer on Special Duty in Kashmir on matters affecting the relations of Kashmir with any of the neighbouring States". 11. For four years matters remained in this condition. The next event of importance occured in 1885 when the Hunza Nagir forces attacked omal, a fort 17 miles of Gilgit. They were reulsed but not without loss to the State Troops. Meanwhile the Russian meance was again causing grave apprehension to the Empire and it was felt that a more satisfactory settlement of the Hindu Kush country must be undertaken. Colonel lockhart was therfore sent with a mission to Gilgit, which penetrated asfar as Kafiristan and successfully collected a vast quantity of important strategic and political information. One of the recommendations made by Colonel Lockhart was that Gilgit Agency should be re-established. 12. In October 1887 the Resident in Kashmir was informed that Colonel Lockhart's conclusions had been accepted and that in the opinion of the Government of India the time had come for establishing on the North West Frontier of Kashmir and effective political control which would enable the Government of India to watch the passes of the Hindu Kush and the country beyond, and a military organisation sufficient both to control the chiefships over the border, and also to check in the event of war with Russia, demonstration towards the passes not backed by a respectable force. To secure these results it was thought that the Gilgit Agency must in some shape be restored. 13. As a preliminary measure Captain Algernon Durand was with the full consent of the Maharaja dispatched to Gilgit in July 1888 to report on the local situation, which was at that time somewhat delicate, as the Kashmir troops had just been driven out of Chaprot, a fort in Nagir territory, by the combined forces of Hunza and Nagir. These forces had subsequently advanced and were beseigning Nomal. (Shortly after this the Hunza Nagir forces retired of their own accord, and chaprot was reoccupied by th State troops). Captain Durand spent the summer of 1885 in Gilgit and Chitral. He returned in November and submitted a voluminous report entitled. "The present Military position in Gilgit". This report was forwarded to the Home Government in May 1889 with a recommendation for the reestablishment of the Gilgit Agency. The Government of India said "The advance of Russia up to the frontier of Afghanistan, and the great recent development of her military resources in Asia, have admittedly increased the necessity for strengthening every point in our line of defence, and among the points requiring special attention are the northern passes of the Hindu Kush, which afford a difficult but not impracticable route for a force large enough to cause much excitement, it nothing worse, in Kashmir and among the tribes of Bajaur. We cannot afford to disregard this risk. "Further we can not afford to permit any foreign power to establish in time of peace its influence in the country and there are indications that not only the Russians but also the Afghans and Chinese have of late attempted to tamper with some of the small chiefships in this quarter which are feudatories of Kashmir. We cannot permit such attempts to continue, and the sooner we take steps to prevent them the easier it will be to do so. The Kashmir Army is being organised, and we hope before long to have within the State a force of about 4,000 well disciplined and well armed troops, instead of the useless rabble which has hitherto been maintained. Altogether there are many good reasons for making a fresh start to secure this portion of our strategically frontier, and many circumstances which seem to assure us that we may with reasonable certainty count upon a favourable result". 14. In May 1889 the Kashmir Darbar was offically informed by the Resident of the intention of re-establishing the Agency. The proposal was gladly accepted by the State and Raja Amar Singh, Prime Minister, in a letter informed the Resident as follows: - "I have the pleasure to enclose the accompanying copy of a Resolution passed unanimously on the subject of defending the Northern Frontier of Cashmere, and would, with your permission, supplement it by detailing briefly the reasons which have induced the State Council to approach Government with an application that the Kashmir Darbar may be allowed to hear the entire cost of the scheme in contemplation of Government. You are aware that the Kashmir Darbar has all along been unswerving in its loyalty and attachment of the British Crown – and being an important Frontier State it is incumbent on it to help the Paramount Power by at least defending ernment of India that the present application unostentatiously pretends to prove indeed our sentiments of loyalty and an earnestness to co-operate with the means within our reach for the common cause of defending the British Empire from foreign aggression". The Government of India warmly thanked the Darbar for this offer but said that they would not throw upon the State the charge of the political officer's pay. 15. The Home Government sanctioned the proposals of the Government of India, and Captain Durand was selected to are establish the Agency. He arrived in Gilgit on the 27th July 1889. 16. It is unnecessary to say much more about the history of the Agency the 40 years of its existence there have been vicissitudes, petty wars local troubles, but peace has now for many years been firmly established broughout the country. The last occasion when there was a serious out break was in 1891 when the Mirs of Hunza and Nagir were informed that the Government of India intended the fort of Chalt. A force advanced from Gilgit onsisting of 12 British officers and 1131 rank and file of whom almost exactly half were Kashmir troops. The Hunza and Nagir forces were defeated. The rebellious Mir of Hunza fled to Turkestan and the present ruler was set up in his stead. While the eldest son of the Mir of Nagir who had been actively concerned in the hostilities was deported to Kashmir as political prisoner. 17. The designation of the political officer at Gilgit was changed in November 1896 from "British Agent at Gilgit" to "Political Agent in Gilgit." Section II Description of the component parts of the Agency with some account of each. 18. The Gilgit Agency now includes: - 1. The Gilgit Wazarat, which is made up of the Tahsil of Gilgit and the Niaba of Astor. 2. The punial Jagir. 3. The States of Hunza and Nagir. 4. The Governorships of Yasen, Koh Ghizar and Ishkoman. 5. The republican communities of Chilas. 6. A region of independent territory. 19. The Gilgit Wazarat – The history of the Wazarat of Gilgit has already been given in Section 1 above. It is Kashmir State territory and is governed by a State official of the rank of Wazin Wazarat. A regular land revenue system is in force and there is in fact, nothing except the presense of the Political Agent to distinguish it from the many other settled districts of the State. An account of the relations between the Political Agent and the Kashmir State officails will be given later. It is a subject of some importance. 20. Punial – Eighteen miles above Gilgit the Punial district begins. The district has a length of 33 miles up the main valley and 18 miles up the Ishkoman vally which join the main valley from the North. It contains the villages which go to make up the Jagir of Khan Bahadur Raja Muhammad Anwar Khan, who belongs to the Burshe family of the Khush wakts. In some former century, one Shah Burush was appointed Governor of Punial by his brother, the Khushwakt Mehtar. The recores on the point are vague but it would appear that the Burshe almost at once repudiated the suzertainty of the elder branch. Gauhar Aman, Mehtar of Yaisn, possed himsilf of Punial on 1841, but after his death his son was driven out of the country by the troops of the Maharaja who restored the district to its former and rightful rulers. Punial continued to be a bone a contention between the rulers of Gilgit and Yasen, but finally in 1800 it came into the possession of the Maharaja of Kashmir who in return for services rendered in the wars which finally established state ruled on the right bank of the Indus, conferred the district in Jagir on Raja Isa Bahadur. Raja Ishan Bahadur was succeeded by his son Raja Muhammad Akbar who rendered great services to Captain Durand. In 1904 however he abetted the murder of two of his subjects. He was tried by the Wazir-i-Wazarat of Gilgit and was found guilty. The Government of India with the concurrence of the state depreived him of his Jagir. He was interned in Kashmir and was succeeded by his son, Muhammad Anwar Khan during whose minority the estate was managed by Raja Sifat Bahadur, Mohammad Anwar Khan's Minority came to an end in 1917. 21. Though Punial is a Jagir, pure and simple (it is herediatary and goes by primogeniture, and the Jagirdar also possesses another jagir in the Kashmir valley itself) in practice State officials do not interfere in its administration and all ordinary cases are dealt with by the Jagirdar. Cases of murder are referred for decision to a Jirgah under the presidency of the Political Agent, appeals against such decision being forwarded to the Resident in Kashmir who sends them on to the Kashmir Government for final orders. This arrangement has the authority of the Kashmir Government who have the right to apply what criminal procedure they think fit to the district. 22. No tribute is paid by Punial to the State. The Governor receive a subsidy o Rs. 1600 from the state. During the minority the balance of the revenue after satisfying local needs was paid to the state. The Jagirdar used to receive on behalf of the Maharaja the annual tribute of 4 totals and 2 mashas of gold dust paid by the inhabitants of the independent district of Darel. Teh procedure was changed some years ago, when Darel came into possession of the late Raja Pukhan Wali, and the tribute is now received by the Political Agent to be paid into the state treasury at Gilgit. The Jagirdar still receives a nominal tribute of salt from Darel payable to himself. 23. Hunza and Nagir – The States of Hunza and Nagir are of ancient origin. The rulers are said to be desended from twin brothers who lived about the end of the fifteenth century. Hameed in by lofty mountains they are proud of the independence they have always maintained, and they present the spectacle of a race probably living under almost the same conditions now as their forefathers did centuries ago. The sikh and dogra governors of Gilgit found their most troublesome enemies in Hunza, against which country they never gained a single success. Hunza raids against. Gilgit Villages were incessant, till, in revenge, an expedition was organised in 1848 by Nathu Sahah, the first Sikh Governor of Gilgit. Falling into an ambuscade Nathu Shah and Karim khan, the Raja of Gilgit, were both slain and their army defeated with serious loss. 24. Nagir was always more friendly to Kashmir than Hunza and on several occasions helped the State forces against its rival. About 1867 Nagir began to pay a small tribute to the Maharaja receiving in return a yearly subsidy of Rs. 3000. In 1869 the Hunza Raja sent an agent to Srinagar to open friendly relations. The agent was well received and Hunza arranged to pay a yearly tribute of two horses, two hounds and twenty ounces of gold dust. The Kashmir Darbar at this time agreed to pay to Hunza a subsidy of Rs. 2000 a year. 25. It would be tedious to tract the details of the constant squabbles and bickerings which continued with very little cessation between the Gilgit Governors, the Political Officers, and the Rulers of the two states up to 1894. It is necessary to maintain only that in 1879 Lord Lytton's Government, when addressing the Secretary of state on the affairs of this portion of the frontier, said "Our officers in Kashmir will be instructed to discourae and counteract all tendencies of the Kunjas Chiefs (i.e. the Rulers of Hunza and Nagir) towards acknowledgement of any superior authority of the first Gilgit Agency when it was found that the Kashmir Darbar had failed to acquaint the officer on Special Duty in Kashmir fully with events in Hunza and Nagir, a remonstrance against this neglect stated the views of the governor General in Council as follow: - "Under the treaty of 1846 the British Government is responsible for the protection of Kashmir, and the Government of Kashmir on the other hand, acknowledges British supremacy and engages to submit to the arbitration of the British Government in cases of dispute with neighboring powers. Moreover when the political officer at Gilgit was withdrawn, it was intimated to the Maharaja, in the Viceroy's letter of 18th June 1881, that the Government of India would expect His Highness to refer to them, through the officer on Special duty, all questions of importance connected with his external relations. It cannot therefore, be disputed that the Government of India has a material interest in His Highness relations with the States on his frontier and that the maharaja is bound by his engagements to refer to the Governor General in Council before be adopt a any line of action calculated to excite hostile feelings among those States". 26. The expedition against Hunza and Nair which took place in 1894 has been briefly discribed in paragraph 16 above. As a result of that expedition the two States were entirely subdued and opportunity was taken to define quite clearly what the relations of the Rulers of Hunza and nagir to the State and the British Government were in future to be they both accepted Sanads from His Highness the Maharaja in which His Highness stated that "with the approval and authority of the Governor General in Council, he had resolved to appoint them Rajas of Hunza and Nagir, respectively. The Sanads went on to recite: - "The chiefship will be hereditary in your family and will decend in the direct line of primogeniture, provided that in each case the succession is approved by the maharaja of Jammu and Kashmir for the time being and by the government of India. Further you are informed that the permanence of the grant conveyed by this sanad will depend upon the ready fulfilment by you and your successors of al orders given by the Jammu and Kashmir state, with regard to the conduct of relations between the state of Nagir/Hunza and the states and tribes adjoining it, the administration of your territory, the construction of roads through your country, the composition of matters in which the maharaja of Jammu and Kashmir for the time being may be pleased to intervenue. Be assured that so long as your houses is loyal to the state of Jammu and Kashmir and to the British Government and faithful to the conditions of this sanad, you and your successors will enjoy favour and protection." 27. By the same Sanads an annual tribute was imposed in hunza of 16 tolas and 5 mashas of gold, and on Nagir of 17 tolas and 1 masha. This tribute is presented to the Political Agent, Giltgit, at the annual jalsah darbar in the spring and is carried down to Srinagar by representatives of the Mirs. The Maharaja gives return presents. The Hunza and nagir Mrr. Enjoy annual subsidies of Rs. 4,000 each Rs. 2,500 of which is paid by the Government of India and Rs. 1500 by the Kashmir State. No interference is exercised either by the Political Agent or the Gilgit Wazir-i-wazarat in the internal administration of the two states. In external affairs the Mirs are expected to consult the Political Agent. 28. The Mir of Hunza sends an annual present to the Chinese authorities in Kashgar and receives a present in exchange. He also had certain rights of cultivation in the Raskam valley and levies certain grazing fees in teh Taghdumbash Pamir both of which places are in Chinese Turkestan, there is a long history attached to Hunza relations with China and the Home Government and the Government of India have always displayed particular interest in this question, which is regarded as the special concern of the imperial government. It should be mentioned that at the installation ceremony of the present Mir of Hunza in 1892 two Chienese envoys attended the darbar as honoured guests of the Government of India. 29. Up till 1895 the tract of country which now includes Yasen, Kho Ghizar and Ishkoman formed a part of the State of Chitral and was generally ruled by a separate Mehtar subordinate to the Ruler of Chitral itself. The history of the political relations between Kashmir and Chitral is so voluminous and difficult that a book could easily be written on the subject. It is beyond the scope of this memorandum and all that need be said about it is that in 1876 Aman-ul-Mulk, Mehtar of Chitral at the suggestion of the Government of India sought the protection of Kashmir and in the following year an agreement was signed between the two States (with the approval of the Government of India) which served to protect Chitral from Afghan aggression. In Section I above it has been related how Gauhar Aman, ruler of Yasen, which then comprised not only the district of that name but also Koh, Ghizar and Ishkoman drove the State troops out of Gilgit and held it for eight years; how after the death of Gauhar Aman, the Kashmir State forces re-took Gilgit and penetrated as far as Yashin, where however they stayed only a short time; how the state troops again invaded Yasen in 1863 and after subduing it retired immediately : how in 1880 Pahlwan Bahadur the ruler of Yashin, led a tribal rising against Gilgit and actually ivested the fort; and how he was compelled to raise the siege almost at once because his own district of Yashin had been seized behind his back by the son of Amn-ul-Mulk, Mehtar of Chitral. 30. Pahlwan Bahadur never recovered Yasen, but was murdered while in exile In Tangir. With the consent of the Maharaja in his capacity of the suzerain of Chitral, Mehtar Aman-ul-Mulk partitioned the territory of Yashin between Muhammad Wali, to whom was given Ghizar, and Mir Aman who obtained Yasen. This was in 1881. the next few years present a bewildering spectacle of intrigues, usurpations, flights and murders. The rulers of these districts or states were left more or less alone to work out their own affairs. Aman-ul-Mulk died in 1892 and there were no less than three Mehtars of Chitral in the next three years. In 1895 there was a grave disturbance, which culminated in the British Agent and his escort being besieged in Chitral fort. The siege was raised by the Chitral relief column and the present Mehtar, Shuja-ul-Mulk, was placed on the gaddi of Chitral in the name of the Maharaja of Kashmir as his immediate suzerain, and with the authority and approval of the Government of India. Recent events had forced the Government of India to reconsider the extent of country over which the Mehtar should hold sway. It was realized that the circumstances of the Katur country of (or Chitral proper) and the Khushwakt tracts (i.e., the districts of Yashin, Kuh, Ghizar, Ishkoman and Mushtuj) differed materially, and the Khushwaktis had frequently declared to the British Agent at Gilgit their desire to have no more Mehtars over them, and to come under the direct management of the Gilgit Agency. In these circumstances the Government of India decided that the Mehtar’s direct control should not extend beyond the Katur country as hitherto understood, and that the British Agent at Gilgit should, on behalf of the Kashmir State, appoint and pay the Governors of the Khushwakt country and that their relations should be direct with him. In 1897 it was decided to separate Chitral up to the Shandur and Darkot passes (which included Mustuj) from the Gilgit Agency and to add it to the charge of the Political Agent for dir and Swat. When the North West Frontier Province was formed in 1902 this Agency was incorporated in it, and the connection between Chitral and the Kashmir Residency ceased. 31. Yashin thus became a Governorship of the Gilgit Agency. In 1905 Koh-Ghizar was joined to Yashin as a single Governorship but was separated again in 1911. Both these measures had the approval of the Kashmir Government. In 1895 Ishkoman was also formed into a separate Governorship. Mir Ali Mardan Shah, Ex-Mir of Wakshan, was in the name of His Highness the Maharaja and with the approval of the Government of India, appointed governor. He was instructed to refer all matters of importance for the orders of the British Agent. 32. The governors of these three districts carry on the administration subject to the approval of the Political Agent and hold the rank of paid officials. Crimes of a serious nature may be tried by the Political Agent under the Frontier Crimes Regulation or the Indian Penal Code. The revenue of each district is taken by the Governor but a certain amount is credited to the Kashmir Darbar as tribute. The Governors of Yashin and Koh Ghizar receive subsidies of Rs. 1600 from the Kashmir Government and the Governor of Ishkoman a similar sum from the Imperial Government. 33. Chilas- Chilas is a circular tract of country, the eastern side of which runs for a great distance with the boundary of the Gilgit Wazarat. It consists of eight distinct republican communities inhabiting valleys running up from both banks of the Indus which flows through the middle of the country. In the center lies the village of Chilas itself. Until about the year 1850 the Chilas is used to make occasional expeditions for plunder into the Astor Valley. It was these raids that determined Maharaja Gulab Singh to send a punitive expedition against Chilas in 1850-51. The attack was successful. The fort was captured and dismantled and a small tribute of gold dust was imposed; but the country was not occupied and was never made subject to the Maharaja. No authority was ever exercised over the country and no Kashmir official appears to have penetrated into it. Before attacking Chilas the Maharaja indirectly obtained the consent of the Board of Administration at Lahore and he informed the Board of the result and received their congratulations on his success. This expedition had the effect of frightening the Chilasis into good behaviour and the annual tribute was subsequently brought in and presented regularly year by year. 34. The re-establishment of the Gilgit Agency in 1889 had the effect of making the Chilasis very restless. At that time the only connection which the State maintained with the inhabitants was a news-writer stationed at Chilas. The Chilas however expelled him in 1891 and about the same time committed two murders in the Astor Tahsil. Nothing that the British Agent could do would remove their suspicion and hostility, but he succeeded in establishing friendly relations with the republic of Gor, the district nearest to Bunji, the inhabitants of which were of a less turbulent disposition than those further to the west. A deputation of the people of Gor came to Gilgit in November 1892 and accepted a sanad in which “in the name of the Government of His Highness the Maharaja of Jammu and Kashmir” they were promised “in consideration of their opening their assistance to British Officers traveling in Gor” that they would never be asked to pay revenue or any increased tribute or to do “kar beggar”. The Sanad was signed by the Governor of Gilgit and the British Agent. 35. When the Gor deputation returned, Dr. Robertson, the Assistant British Agent, with a small escort, accompanied them in order to establish friendly relations with the Chilasis generally. On arrival, however, this mission was attacked by a large force of Chilasis. The attack was beaten off and it was decided that Chilas must be held for strategic reasons. A second and more serious attack in March 1893.was repulsed, a fort was built, a garrison of Kashmir troops permanently stationed in it and a British officer appointed to supervise. In recommending these arrangements to the Home Government the Government of India said “We have now ascertained that colonel Durand did not intend to propose the actual annexation of Chilas (i.e. to Kashmir) but the establishment of effective control over the State, as in the case of Hunza and Nagir, with the internal administration of which Kashmir officials are not permitted to interfere. We agree that it will be sufficient, without altering the political status of Chilas, to authorize the British Agent at Gilgit to make conditions with the Chilasis on behalf of the Darbar, whereby while the autonomy of Chilas is preserved as an act of leniency and subject to future good behaviour, the relations between the Kashmir State and Chilas will be placed on a satisfactory footing. To this proposal the Secretary of State for India in September 1893 replied “Your proposals * * * * on the future relations of the Chilasis with Kashmir * * * have my approval. 36. In 1897 certain lands which had been taken from the Chilasis after the disturbances of 1893, were given back to them, and the whole system of tribute paid by the Chilas district to the State was revised and a new scheme sanctioned, with the acquiescence of the State. In accordance with this the valleys were to pay small fixed sums to the State. This is practically the arrangement that is in force to day. 37. In 1896 the Government of India emphasized the necessity for regarding the internal administration as belonging to the Chilas headmen and not to the Political Officer. In 1897 a proposal to invest the Assistant Political Agent with civil jurisdiction was rejected by the Government of India, but in 1901 he was invested with certain criminal powers to enable him to deal with murders and other serious cases, but he was cautioned that these powers must be used very sparingly and that in general all cases that could be settled by tribal custom must be referred to a tribal Jirga. 38. As to the relationship between the state and Chilas the Political Agent, Gilgit, in 1901 wrote as follows:- “Neither the local policy nor that of the Government of India towards Chilas, in respect of Kashmir rights over Chilas, seems to me to have been uniform in the past. In certain cased., (1) gold washing fees, (2) octroi regulations, (3) tribute or revenue, (4) treasury arrangements, Kashmir state rules and regulations applicable to other portions of the Gilgit district have been extended to Chilas, sometimes with the approval of Government and sometimes by a mere reference to the State Council, whereas in other matters all interference on the part of the State or their officials is carefully excluded. Similarly the Government of India have held themselves in the past responsible for the entire cost of certain classes of expenditure, (i.e.; pay of Political officer, the Babusar Ramghat road, the Chilas fort and buildings, but have allowed the state to undertake all financial responsibility in other directions such as the payment of levies, local and district public works, and the civil subordinate establishments necessary for the political administration of the tract. These however, mainly relate to what may be classed as fiscal and municipal administration and are politically unimportant. No inconvenience by anything which has been done so far need arise because the position between the Imperial Government and the State regarding Chilas is sufficiently understood and recognized by the State local authorities in Gilgit for all practical purposes”. The above account is not now strictly accurate, e.g., the public works are now almost exclusively paid for out of Imperial funds. 39. The region of Independent Territory. – The Independent Territory which lies to the south and west of the Gilgit Agency falls naturally into two portions, (1) that portion bordering on Koh Ghizar, Punial, the Gilgit Wazarat and Chilas which has some political connection, however slight with those areas, and (2) the regions known as Kandia and the Indus Kohistan, which are a terra incognita and have no connection whatever with Kashmir but are merely included in the Gilgit Agency as a matter of political convenience. No political officer has ever entered these regions and little is known of them except that they contain a certain amount of valuable forest. 40. The valleys which have some political connection with Gilgit are Darel, Tangir, Kandia and Seo on the right bank of the Indus and Harban Sazin, and Jalkot on the left, and of these the two of any importance are Darel and tangir. It has been related in paragraph 3 above how the Kashmir forces in 1866 embarked on a punitive expedition into Darel. Since then the State has received an annual tribute form the inhabitants of 4 tolas and 2 mashas of gold. This tribute is sent by the hand of representative of Darel to the Political Agent. The Political Agent credits the gold dust into the treasury and dismisses the Darelis with customary presents. The Darelis also pay a small tribute of salt to the Raja of Punial. The neighboring Valley of Tangir was of old tributary to Yasen, and for many years past the Tangiris have been in the habit of affording an asylum to fugitive members of the ruling family of Yasen. A nazrana or tribute of a small quantity of salt and gold dust was for many years reveived by the Governor of Yasen fro Tangir, but was stopped when the late Raja Pukhtun Wali made himself Raja of Tangir and Darel. 41. The Darelis and Tangiris graze vast numbers of animals in Punial and Koh Ghizar during the summer and pressure can be, and very often is, put on them by blockade of their country and seizure of their persons and animals to secure reparation for murders and other forms of lawlessness committed within the limits of the political districts. The action taken is under the Frontier Crimes Regulations under which the Political Agent, Gilgit, and the Assistant Political Agent, Chilas, exercise the powers of a Deputy Commissioner and the Resident in Kashmir those of a Commissioner. Section III Constitutional position of the various areas in the Agency. 42. Foreign Department letter No. 1800-F., dated the 24th July 1901, conferred on the Political Agent, Gilgit and the Assistant Political Agent, Chilas, certain powers of criminal jurisdiction “in the territories known as Chilas Ghizar, Koh, Yasen and Ishkoman * * * * which, though under the suzerainty of Kashmir, are not Kashmir territory and with the internal administration of which Kashmir officials are not allowed to interfere”. This is dictum has ever since been regarded by the local Political authorities as the cardinal principle governing all their actions and policies. It has however never been accepted by the Kashmir Government in writing though they appear to have acquiesced in it until lately sub silentio. 43. The Kashmir Government indeed were not even informed of it by the Residency until four years later. In May 1905 when asked to give their formal approval to a change of Governors in Ishkoman, the Darbar asked for full information as to the status, jurisdiction, etc., of these functionaries, and they showed plainly that they disliked being asked to give their approval as a matter of form, to measures the reasons of which were not fully explained to them. Again a month later, in June 1905, when a question of service of summons in civil suits in the political districts was being discussed the Vice President of the Council wrote :- “It would be convenient if the outlying districts be separately marked on a map, copy of which may be furnished to the Darbar, with a view to show the exact extent of territory in respect of which a distinction is to be made from the other territories of the State (the underlying is mine) * * * *. If the object of the proposed rules be to prescribe a simple procedure for the trial of civil suits for such classes of people, the object His Highness thinks could better be secured otherwise than by the rules proposed which serve convey the impression that there is a difference in the central authority as governing the settled districts and that which rules over the unsettled districts”. 44. It was then thought necessary that the State should be apprised of the position and a letter was sent to the Vice President as follows:- In 1900 the then Resident Sir A. Talbot recommended that the jurisdiction of the Kashmir Darbar should be extended to Chilas * * * * to enable the Darbar to exercise suzerainty in a practical manner. The Government of India however * * * * expressly laid down that * * * * Chilas, Ghizar Koh, Yashin and Ishkoman, though under the suzerainty of Kashmir are not Kashmir territory and Kashmir officials are not allowed to interfere with their internal administration * * * * * * The general policy of the Government of India towards these petty States is to allow the people to govern themselves as far as possible, British officers interfering only when it is imperatively necessary that they should do so. Such being the circumstances the Resident trusts that the Kashmir Darbar will agree with him that further discussion of this question would be unprofitable.” 45. Nothing more has been heard of this question, but the Kashmir Government are evidently not convinced that the position as stated above is correct, for only a few months ago in discussing the question of service of summons in the political districts it was stated:- “As both the settled and unsettled tracts are part and parcel of the Jammu and Kashmir State, the principle laid down by the law * * * * should be followed * * * * * *”. 46. As there is nothing on record in this Residency office to show on what grounds the Government of India based their dictum that Chilas, Ghizar, Koh, Yashin and Ishkoman are not Kashmir Territory, it is difficult for me to discuss this question. But it is permissible to observe that this claim might be difficult to sustain if it were subjected to legal examination. It is quite certain that these districts are not British territory and equally certain that they are not independent territory for their rulers are merely permanent officials who are appointed and removed by executive orders of the Government of India after obtaining the concurrence of the Kashmir State. If then they are not Kashmir territory, what is their legal status? On every map of these regions that has ever been issued, officially or otherwise, they are shown as being within the borders of Kashmir. It is possible that Chitral might put forward some shadowy claims to them, for they were once ruled by members of the Chitral family and the present Mehtar has not altogether dropped the idea of their reincorporation in his State ; but as shown in paragraph 30 above, these districts were cut away entirely from Chitral 35 years ago and it was apparently intended that this severance should be for all time and that Chitral should never again exercise any ruling powers in the country as the people had “frequently declared their desire to have no more mehtars over them”. In view of the fact that the whole Gilgit case is now under consideration I have not thought is proper to enter into controversy at the present time with the State upon their claim that these tracts are “part and parcel of the Jammu and Kashmir State”. If the change I am about to advocate is accepted the point will be of little more than academic interest, but is certainly seems desirable that if and when the new arrangements are introduced, the real constitutional position should be laid down in consultation with the State and be explained in a carefully reasoned communication and that the blunt language which has been used in the past should not be repeated. Apart from the fact that Hunza and Nagir are semi-independenct States, (perhaps it would be more correct to describe them as “Chiefships”) and at by the plain terms of their sanads they owe a divided allegiance to the British Government and to the Maharaja of Kashmir a careful perusal of the historical facts in Section II would seem to point to the supposition that not only Hunza and Nagir but also Chilas, Koh Ghizar, Yasen and Ishkoman are “part and parcel” of Kashmir only in the same sense as Kashmir itself is part and parcel of India, and that so long as they behave themselves they are as little subject to interference form Kashmir as Kashmir itself is from the Government of India. I do not for a moment think that the State has the faintest desire to interfere with them and I am convinced that the State will respect their nights as scrupulously as we ourselves do. What the State does resent is that there should be an outside intermediary between is and its feudatories. The aim that must be kept steadfastly in view is that petty interference by irresponsible state officials should once for al be excluded from all these districts whatever the future political arrangements may be for on this without doubt depends the happiness of the rulers of the political districts and chiefships and the peace of the frontier tracts. It should be mentioned that Punial is State territory, and differs to this extent form the other political districts. SECTION IV The Jurisdiction of the Political Agent, Gilgit, and the Assistant Political Agent, Chilas. 47. The Political Agent, Gilgit, has criminal jurisdiction throughout the Gilgit Agency over Europeans, Japanese, and British subjects accused of having committed offences conjointly with European British subjects; and the Assistant Political Agent, Chilas, has similar jurisdiction in Chilas. In the Gilgit Wazarat the state Courts under very recent orders normally exercise criminal jurisdiction over British Indian subjects and Government servants on the understanding that the Government of India reserve to themselves the general right to claim the trial of such persons if and when circumstances would appear to warrant such action. 48. In Chilas and the Political districts however, which are outside the Gilgit Wazarat, the Political Agent and Assistant Political Agent exercise criminal jurisdiction over Indian British subjects, and are also Deputy Commissioners for the purpose of the Frontier Crimes Regulations, under Foreign department letter No. 1800-F., dated the 24th July 1901. The powers conferred by this letter relate to criminal proceedings in respect of all persons other than European British subjects and persons jointly charged with European British subjects. These powers are only to be used when their employment is really required, and the orders given are not intended to authorize any general interference with tribal authority or jurisdiction. Neither the Political Agent nor the Assistant Political Agent have any powers of civil jurisdiction except those under section 8 of the Frontier Crimes Regulation. In the political districts such cases are settled according to local custom and in the Wazarat according to State law by the local judicial authority. 49. Proposals have on several occasions in the past been made for the extension of the jurisdiction of the Political officers in the Agency, but without success. In 1897 the Government of India refused to sanction a recommendation that the Political Agent, Gilgit, that all cases in which any members of the frontier tribes were complainants or plaintiffs and the accused or defendants were Kashmiris should be tried in Court of the Assistant Political Agent, Chilas. India Office, London, 14th November 1913 Secret, No. 34 To his Excellency the Right Honourable the Governor General of India in Council. My Lord, I have had before me the secret letter of your Government in the foreign Department, No. 103, of 9th October in which you propose to replace the districts of Mastuj (including Yarkhun and Kuh) and Laspur under the direct administration of the Mehtar of Chitral. 2. The transfer of these districts from Chitral in 1895 formed part of the measures designed by lord Elgin's Government to give effect to the decision of His Majesty's Government to evacuate that State, wand with the reversal of that decision the immediate ground for the transfer disappeared. Your Excellency has now carefully reviewed the local considerations for the against the maintenance of the status and you have satisfied me that the balance inclines against it. 3. I according sanction the restoration of the districts in question to Chitral on the condition indicated is paragraph 10 of your letter. I note that the Kashmir darbar is willing to continue permanently the Mehtar's subsidy and temporarily certain other payments to officials and headmen in Chitral and I approve your proposed to mark the suzerainty of Kasmir by reviving the payment of the annual tribute by Chitral which has for some years fallen into abeyance. I have the honour to be, My Lord, Your Lordship's most obedient humble Servant, (Signed) CREWE MASTUJ AGREEMENT, 1914 Whereas His Majesty's Secretary of State for India has been pleased to sanction the transfer of Mastuj (including Yarkhun and Kuh)and Laspur to my direct administration, I, Shuja-ul-Mulk, Mehtar of Chitral, hereby on behalf of myself and my successors, accept and undertake to abide by the following conditions: - I acknowledge the suzerainty of His Highness the Maharaja of Kashmir and Jammu and in taken thereof will resume the annual payment of the following 'Nazrana' viz: - 3 horses, 5 hawks, 5 tazi dogs (hounds) 2. I regognise the limit of my state to be the drainage area of the Chitral river as far south as the boundary with Afghanistan demarcated by the commission 1895. 3. Without the previous approval in writing of the Political Agent I will not enhance the revenue demand from the transferred districts of change the methods of its collection. The exemption from the payment of the revenue now enjoyed by the inhabitants of the district of Laspur will be continued till the year 1945. 4. Without the previous approval in writing of the Assistant Political Agent I will not increase the Kar Begar now taken in the transferred districts. It will be limited to the carriage of my personal loads and the construction of the Mehtari buildings. Provided only, that with the concurrence of the Assistant Political Agent, Kar Begar will be permissible for the construction of new water courses, on the special condition that the land thereby brought under cultivation will be allotted to the needy classes of the country and not added to Mehtari lands. I will continue any special exemption from Kar Begar to individuals during their life time which has been granted in the past by Government Officers. 5. Without the previous approval in writing of the Assistant Political Agent I will not remove the present headmen of the transferred districts. 6. Without the previous approval in writing of the Assistant Political Agent I will not set aside decisions in cases of any nature made by the Assistant Political Agent nor reopen such cases. Cases now pending with the Assistant Political Agent will be decided by the officers. 7. Without the previous approval in writing of the Assistant Political Agent, I will not dispossess present owners in the transferred districts of their lands nor confiscate such lands. 8. In consideration of my acceptance of the above conditions the subsidies now paid to me and certain officials (viz Rs. 12,000 a year paid by Government of India and Rs. 12,560, a year paid by the Kahmir Darbar) will be continued, subject to the proviso that the payment at present aggregating Rs. 4,560 a year made by the latter to certain officials and headmen will gradually cease as the present recipients die or are removed from office. SHUJA-UL-MULK, Methar of Chitral Dated 22nd April 1914 _________________ Attested: D.G.WILSON |