ISLAMABAD, Jun 21 (APP): Pakistan on Tuesday won a case against India in the Hyderabad Fund Case, in a clear vindication of Pakistan’s principled stance.
An English High Court rejected Indian attempt to strike out Pakistan’s claim to the Hyderabad Fund, on June 21, in a Seventy Five (75 page) judgment by Judge Henderson J.
India failed to persuade the Court that Pakistan’s position was untenable and that it could show no legal entitlement to the 35
million GBP sitting in a bank account in the name of the High
Commissioner of Pakistan, since September 20, 1948.
The Judge accepted that there was good evidence in support of
Pakistan’s claim to the monies, which needed to be fully considered
at a trial. The Judge also accepted that there were good legal
arguments which were supportive of Pakistan’s position.
India will face a substantial costs claim, as a result of losing its applications, a statement from the Foreign Office said.
Pakistan’s legal team led by Khawar Qureshi QC advanced strong
legal arguments and placed cogent evidence before the Judge, which
defeated the Indian argument that Pakistan’s claim to the monies was
not valid.
The Judge heard arguments advanced by Pakistan’s Leading Counsel. The Judge considered the evidence which pointed that events in 1947-1948 were very tense. The State of Hyderabad, which the Judge accepted was a Sovereign state at the time, was in danger of
being attacked and taken over by India, and had called upon Pakistan
for assistance.
The UK Government archive documents, record growing concern
voiced by British Government officials at the conduct of India
towards the State of Hyderabad and its people, which included
imposing a blockade, preventing supplies of medicines and food from
entering the State of Hyderabad, all designed to force the Nizam to
join India.
When Quaid-i-Azam passed away, India seized the opportunity to
invade and quickly subjugated the VIIth Nizam.
Pakistan had emerged from partition with only 3% of the weapons it was entitled to. Nevertheless, it came to the aid of Muslims when India sought to annex the State of Jammu and Kashmir – a bloody conflict ensued which is still costing innocent lives.
The evidence of assistance that was placed before the Court came from the official British archives. They uncovered contemporaneous British intelligence reports and British Government documents, which recorded in great detail the knowledge on the part of the British Government, of this assistance.
India dismissed these materials, even though they came from
British intelligence sources, and argued that because the VIIth
Nizam had asked for the return of the monies within days of its
transfer to Pakistan, he must be taken not to have consented to it
being handed over to Pakistan.
The Judge observed that it might be naive to expect the VIIth Nizam to have been acting of his own free will after India had invaded his country, and forced him to surrender and hand over power.
The case will now proceed to trial, unless settled. Pakistan had offered to mediate in front of retired Law Lords Lord Hoffman or Lord Hope in July 2015, but India had refused on the basis that it believed Pakistan’s claim was not valid.
Pakistan remains committed to resolving all disputes by negotiation and believes that the path to peace and progress lies in dialogue, the Foreign Office said.
The statement said if the case does not settle, Pakistan was fully confident that its legal team would prevail.
