Slamming former Indian Prime Minister Jawaharlal Nehru's decision to enter into the UN charter in 1948, Union Home Minister Amit Shah on Sunday called it a 'Himalayan mistake' while speaking at a discussion in Delhi on 'National Security & Current Perspective of Security'. He questioned what made Nehru sign the UN charter for a ceasefire when the Indian Army was winning. He added that even the selection of charter was wrong - 35 instead of 11. He said if article 11 had been selected then there would have been no question of whose authority existed on PoK.
"Ceasefire was declared under the UN charter on 1 January 1948. To enter into the UN (charter) was a personal decision of PM Jawaharlal Nehru. I believe that this was a 'Himalayan mistake' - a mistake bigger than the Himalayas. The matter was between the two nations and the decision to go under the charter was wrong. The selection of the charter was also wrong - 35 -which was made under a lawful nature. If he had gone under charter 11- it would have meant that they (Pakistan) have occupied our country's land illegally. There would have been no war that who owned that part of land," he said.
Stating that Nehru was responsible for the existence of a fractured Kashmir, he added, "I have asked time and again to my Congress friends in the parliament - Jawaharlal Nehruji was your politician. Why did we declare ceasefire when our Army was winning? If we had not declared ceasefire then entire Kashmir would have been an undivided part of India. No PoK would have ever existed. But this matter is never discussed."
Listed under the Chapter 6: Pacific Settlement of Disputes, the article states that - 'Any Member of the United Nations may bring any dispute, or any situation of nature referred to in Article 34, to the attention of the Security Council or of the General Assembly.' It further states: 'The proceedings of the General Assembly in respect of matters brought to its attention under this Article will be subject to the provisions of Articles 11 and 12'.
In reference to the above article, Article 34 states - ' The Security Council may investigate any dispute, or any situation which might lead to international friction or give rise to a dispute, in order to determine whether the continuance of the dispute or situation is likely to endanger the maintenance of international peace and security.'
Listed under the Chapter 4: The General Assembly, the article states that -' The General Assembly may discuss any questions relating to the maintenance of international peace and security brought before it by any Member of the United Nations, or by the Security Council'. It adds ' It may make recommendations with regard to any such questions to the state or states concerned or to the Security Council or to both.' The article also states -'The General Assembly may call the attention of the Security Council to situations which are likely to endanger international peace and security.'