Inclusion of Cooch Behar State with Dominion of India and Subsequent Merger with West Bengal: The Turbulent Political Phase

Excerpt from my book “Koch Rajbanshi and Kamtapuri – The Truth Unveiled”(Guwahati, 2007)

… When the freedom struggle engulfed whole of India by turn of nineteenth century, Koch-Kamta people of North Bengal jumped into it. Many unknown freedom activists went to jails and many made their supreme sacrifices. On 18^th July 1947, Indian Independence Act was passed in British Parliament. India became a free nation on 15^th August 1947. As per Section 7(I) of the said British act, it was stated that British Crown lapsed their paramount hold over the Indian Princely states and these were free to either join any dominion of India and Pakistan or remain sovereign. Soon after India won her independence on the 15^th August, 1947, most of the erstwhile princely states numbering more than five hundred lined up for inclusion either with dominion of India or Pakistan. Except few princely states like Junagarh, Jammu & Kashmir, Hyderabad most of them had no choice but to agree to the instrument of accession. People of erstwhile Cooch Behar State, majority of whom i.e. 89% were Rajbanshis were eager to join the dominion of India and also it was a natural choice. But it was only on the day of the 12^th September 1949; finally the instrument of succession was signed.

These princely states regained their original position legally which they enjoyed prior to assumption of suzerainty of the British Crown. Majority of over 565 princely states were small enough to afford to remain sovereign and immediately joined either India or Pakistan mainly on the basis of geo-political compulsions. As per the act, Cooch Behar kingdom regained her original sovereign status. The King of this state, Maharaja Jagaddipendra Narayan was legally entitled to get back the areas of his kingdom including present day North Bengal, Dinajpur and Rangpur areas of Bangladesh, which were tactfully taken by the East India Company in the Year 1776. After gaining independence, Government of India constituted a separate ministry of states whose basic task was to merge the princely states with the Indian Republic. It was a natural choice for the Maharaja to opt for joining Dominion of India. Accordingly, an agreement was made on the 20^th August 1949 between the Governor General of India and the Maharaja of Cooch Behar wherein it was stated, “ WHEREAS in the best interests of the state of Cooch Behar as well as of the Dominion of India it is desirable to provide for the administration of the said state by or under the authority of the Dominion Government”. As given in Article-I of the agreement, it was agreed: -

“His Highness the Maharaja of Cooch Behar hereby cedes to the Dominion Government full and exhaustive authority, jurisdiction and powers for and in relation to the governance of the State and agrees to transfer the administration to the State to the Dominion Government on the 12^th day of September 1949”.

The Articles-II to VII of the agreement contained details of the privileges and benefits to be given to the members of the royal family and service conditions of state employees and certain details of private and movable properties of the Maharaja. In Article-IX, it was stated: -

“Except with the previous sanction of the Government of India, no proceedings, civil or criminal shall be constituted against any person in respect of any act done or purporting to be done in the execution of his duties as a servant of the state before the day on which the administration made over to the Government of India.

In confirmation whereof Mr. Vapal Pangunni Menon, Adviser to the Government of India in the ministry of States has appended his signature on behalf and with the authority of the Governor General of India and Lieutenant Colonel His Highness Maharaja Jagaddipendra Narayan Bhup Bahadur, Maharaja of Cooch Behar has appended his signature on behalf of himself, his heirs and successors.”

Subsequently, two more agreements on transfer of Cooch Behar to Central Administration were signed between the Maharaja and Government of India. The Maharaja was anxious about the future status of the state. In this regard, he raised certain queries for clarification by the Central Government. Mr. VP Menon, vide his Demi-Official Letter No. F 15(19).P/40 dated the 30^th August 1949 addressed to the Maharaja categorically mentioned about the future status of Cooch Behar state: -

"… It is the intention of the Government of India to administer for the present the territories of the Cooch Behar State as a centrally administered area under a Chief Commissioner…" (Nehru Patel’s Correspondences, 1945-55, volume 7 – by Durga Das).

Sovereignty of Cooch Behar State once again got lost and formally got merged with Indian Dominion on the 12^th September 1949. Cooch Behar State was placed in the list of ‘C’ category states. On the historic occasion of handing over of power, Honourable Home Minister, Sardar Vallabhvai Patel sent a message to Sri Nanjappa, Chief Commissioner of Cooch Behar on the eve of formal handing over function. The said message sent in a letter as given in the book, ‘Patel’s Correspondences, 1945-55’ written by Durga Das, Vol. No. 7, page 553, is reproduced here:

“From Minister, Home                                                                      Camp, Birla House,

                                                                                                            Malabar Hill,

                                                                                                            Bombay.

                                                                                                            11^th September 1949

To,

Sri Nanjappa,

Chief Commissioner of Cooch Behar,

On the handing over of Cooch Behar to Central administration, I send to its people my best wishes and assurance on behalf of the Govt. of India that though far, their interest welfare will claim our close and intimate attention, I am fully aware of the many problems, political and economic, which affect the state and I am confident that with their co-operation and assistance we would succeed in solving them in the best interest of the state and the country for their happiness and prosperity, unity and mutual adjustment between the constituent elements of the population are essential pre-requisites without this such resources and personnel as we may be able to spare for them would avail little.

I hope therefore, that the people of Cooch Behar will work with single mindedness devotion to duty as a united team for their own betterment and to achieve their due place in the political and administrative set-up of India.

To accept transfer of territory from a ruler is no small responsibility which we feel on this occasion. To give up sovereignty over territory is no mean sacrifice. I am grateful to him for the spirit of accommodation and understanding which he has displayed and the prompt manner which he accepted our advice.

May he and his people be happy, prosperous under the new dispensation which is being inaugurated today.

                                                                                    Sd/-

                                                                        Sardar Vallavbhai Patel

                                                                        Home Minister, India”

The yoke of British power hardly allowed the King to carry out any developmental work despite Maharaja’s deep love for his people. The British Government tried to keep the pleased by offering members of the royal family higher official status and providing modern luxuries. People of Cooch Behar gave their full support to freedom struggle. When freedom came to India, people of not only erstwhile Kingdom but whole of North Bengal regardless of their caste and creed were jubilant as they saw a ray of hope in making their homeland into a full-fledged state of Indian Republic. Then Prime Minister of India, Pandit Jawahar Lal Nehru and Home Minister Sardar Ballavbhai Patel assured the people of the state that their political and socio-economic aspirations would be fulfilled after joining the union. So it appeared to them as a great occasion for celebration by one and all.

Post-merger days could not be termed as happier for the royal house. The ex-Maharaja had been bitterly involved with legal battles with the government of West Bengal for the ownership over royal private properties. The significance of the articles of the agreement for merger signed between the Governor General of India and his highness the Maharaja Jagaddipendra Narayan Bhup Bahadur on 28^th August 1949 was given a simple go by, as the state power was enormous. An assurance was given to ex- Maharaja by V.P. Menon on behalf of the central government vide Ministry of States letter D.O. No.F.15(19)/49 dated the 30^th August 1949 saying that “The Government will endeavour to associate the name of “Narayan” with the Cooch Behar State Forces even after their absorption in the Indian Army”(para. 14). It is pity that even the Rajbanshis themselves are unaware of many facts. For example the name of 'Narayani Company' in the Rajshahi Regiment is almost a forgotten name. Many assurances given by the central government during merger are yet to fulfill.  The last Koch king Jagaddipendra Narayan even had to seek justice from the Judiciary, albeit in vein. The last king could not remain happy and died young.  

How appropriate was the Merger of Cooch Behar State with West Bengal? :  While nation was still celebrating the hard won freedom, a political change was being orchestrated in Cooch Behar. The people of the erstwhile state were destined to suffer as their hopes as assured by Sardar Vallavbhai Patel were belied. Both Nehru and Patel got involved in Jammu and Kashmir imbroglio and had no time to think about the people of Cooch Behar. In a letter dated 28^th December 1949 written to Nehru, Patel mentioned : –

“… As regards consulting the people of Cooch Behar, I have already stated that the local Congress has already approved of the merger. There is a local Hitasadhini Sabha, which is partly Muslim with its sympathies definitely with neighbouring area of East Pakistan and partly consisting of some members of hill tribes who are looking to Sikkim, Nepal and Bhutan for the formation of an “Uttarkhand Pradesh”. I feel certain that we should do nothing to encourage this kind of organisation in its mischievous tendencies.”

            Sardar Patel depended solely on the opinion of the local Congress party. Anyway, it was     natural for the princely state to merge with India. Arup Jyoti Das in his research work       found: –

“…Sadly, the iron man Vallavbhai Patel, did not bother about the common men of Cooch Behar, and assumed ‘Cooch Behar’ as the representative of local people, and found the Muslim members of ‘Hitasadhini Sabha’ sympathetic towards East Pakistan without solid reason…”.

Meanwhile, the Chief Minister of West Bengal Dr. Bidhan Chandra Roy, felt uneasy when Cooch Behar was given a ‘C’ category status of a state in the list of states by the Constituent Assembly in the Constitution of India, which was adopted on the 26^th November 1949. After division of India, a major chunk of Bengal went to East Pakistan (now Bangladesh) and West Bengal was constrained of enough space to accommodate Bengali refugees pouring in to the state. That was the time North Bengal came to the rescue of Bengali refugees. Somehow, Nehru and Patel were convinced that Cooch Behar should also merge with West Bengal. Local unit Congress party led by caste Hindu Bengalis were too favourable to the party high commands both at Calcutta and Delhi. Influential Assamese Congress leader Lokpriya Gopi Nath Bordoloi’s plea to merge Cooch Behar State with Assam was set aside in favour of Dr. Roy of Bengal, who managed to prevail upon party’s central high command. Local Praja Hitasadhini Sabha demanded Union Territory status for the state but it was too late to give a due thought on it. Dr. Roy lost no time to visit Cooch Behar and under section 290A of Government of India Act, 1935 declared it as a district within state of West Bengal on the 1^st January 1950. He did this for the fear that creation of separate Cooch Behar State would definitely take away other districts of North Bengal, which would further diminish the size of West Bengal.  Merger of Cooch Behar with West Bengal was not carried out in accordance with the provisions of the Indian Constitution, which raised a legal question that remained a debatable issue. As per Section 7 (I) of Indian Independence Act, 1947 passed by the British Parliament, an area covering about 20.000 square kilometers in Rangpur and Dinajpur districts of Present day Bangladesh would have included in pre-1776 Cooch Behar State apart from other districts of North Bengal and adjoining areas. Had these areas been included in the Cooch Behar state as per the aforesaid Act, India would have gained much more strategically as there would not have existed a ‘Chicken’s Neck’ in the plains of Darjeeling district of less than 50 kilometers stretch extending from Phansidewa at Bangladesh border to Panitanki at Nepal border.

Merger of once flourishing formidable Koch kingdom to many Rajbanshis appeared to be an unnatural death caused due to cruel role played by destiny. Koch king lost his position and his beloved Rajbanshi subjects were left to fend for themselves like orphans. The community did not forget the merger; it remained in their minds of Rajbanshis like a haunted spirit. That spirit now has come to haunt the government machinery of West Bengal like a ghost in the form of Kamtapuri movement. Slowly but surely that ghost is spreading it’s wings of destruction in neighbouring states of Assam and Bihar. 

Honourable Calcutta High Court Orders: In a case filed by Maharaja Jagaddipendra Narayan Bhup Bahadur of erstwhile Cooch Behar kingdom against the Govt. of West Bengal, following notification issued by the Honourable Calcutta High Court was published by a judicial reporter in a leading daily The Statesman on Thursday, May15, 1969 under a headline “Rule on Government may be kindly be consulted”: -

“…West Bengal Estate Acquisition Act-1969- This Act in question is not applicable in the Cooch Behar State as it was a sovereign State. The merit of agreement made between the Governor General of India and the His Highness Maharaja of Cooch Behar under D.O. F/5 (19)-P 49 dated 28^th/30^th August 1949 cannot be quashed or void in any way. It is a living record. It is a history. This kind of record can not be died out.”

Questions were naturally raised as to whether firstly, if there was no instrument of merger established by law, as per aforesaid observation of Honourable Calcutta High Court, Cooch Behar State was not lawfully merged with West Bengal. Secondly, whether over six decades now, is it worth debating that the Government of West Bengal made a severe breach of the orders issued by Honourable Calcutta High Court. Then Maharaja of Cooch Behar is not alive today. As such, what would be the suitable remedy or the constitutional remedy? ….”.

                                                                                                                                   

My comments:

Everyone knows the solution to the above mentioned problem of Rajbanshis, the people of erstwhile greater Cooch Behar or Kamotapur State, but lips are tight. Is there anyone to open the logjam? I think, dialogue is the only peaceful method to resolve the long pending issues relating to the Rajbanshi communities.