1. In clause 8 of the Murasila dated 20th June 1922 from Colonel Ramsay, Political Agent, Dir, Swat and Chitral, to the address of the Mian Gul of Swat (Bacha Sahib) certain words are not clear and in consequence thereof disputes have arisen between the Mian Gul and Khan Bahadur Shah Jehan Khan, Waliahad of Dir State, about the meaning of the words. The point at issue is as to whether the words “ Kar-wa-Begar ” (forced labour) is or is not included in the words “Dakhal-wa- Gharaz ”, (should not interfere).
To settle this point the Mian Gul and Khan Bahadur Shah Jehan Khan have appointed the following persons as a Council of Elders (“ Jirga “):—
Akhundzada Hazrat Said, Akhundzada Muhammad Zarin, and Ganari Jan, on behalf of Khan Bahadur Shah Jehan Khan, and Malik Kamran, and Mian Abdul Ghafur alias Kasmai Mian on behalf of the Mian Gul.
An agreement has been reached to the following effect :—
We Akhundzada Muhammad Zarin Khan, Akhundzada Hazrat Said and Ganari Jan Jirga of Dir State on behalf of Khan Bahadur Shah Jehan Khan, Waliahad of Dir State and Mian Abdul Ghafur alias Kasmai Mian and Malik Kamran of Shamozai on behalf of the Mian Gul of Swat, after a full discussion in the presence of the Political Agent, have decided that Khan Bahadur Shah Jehan Khan of Dir State shall not exact forced labour (“Kar-wa-Begar”) from the Estates (“ Sens “) of the Mian Gul situated in the Adinzai, Khadikzai and Abazai tracts, i.e., the tenants (“ Muzarghans and Faqirs ”) of the Mian Gul on these religious grants of land (“Seris”) as indicated shall be exempt from all demands by the Dir State for forced labour (“Kar-wa-Begar”).
In all other matters connected with the administration the above-mentioned tenants (“Faqirs and Muzarghans”) will be subject to the orders and under the control of the Dir State officials. This concession has, however, been made to the Mian Gul on the clear condition that the tenants in question are loyal to the Dir State and are not permitted to engage in any propaganda inimical to that State.
If the Political Agent is satisfied that the Mian Gul is using the tenants in question for purposes of improper propaganda against the Dir State, or is encouraging them to be disloyal then the Ruler of the Dir State will be entitled to withdraw from the Mian Gul the said concessions.
2. If any logs belonging to the Mian Gul are stranded on the right bank of the river situated in the Dir State, then the Mian Gul has the right to refloat them down the river by the aid of his servants or contractors, but he is not entitled to open a depot or timber-stack of any description on the right (river) bank within the Dir State. The Ruler of the Dir State will not be responsible in any way, for the protection of logs which are stranded. The contractor will make his own arrangements to guard such timber on the river bank.
3. The Dir State will levy no tax or toll on ghee, grain and other trade commodities belonging to the Mian Gul which pass through Dir limits.
4. The Dir representatives are not prepared to accept the modification suggested by the Mian Gul in clauses 4 and 5 of the letter dated 20th June 1922 (written by Colonel Ramsay). On the other hand the members appointed by the Mian Gul consider that such modification should be made. Nothing, therefore, has been settled between the parties on this point.
14th April 1925.
P.S. This agreement, has been presented to the Political Agent at Malakand by the members of the Council of Elders.
14th April 1925.
1.Seal of Akhundzada Muhammad Zarin Khan.
2. Signature of Akhundzada Hazrat Said.
3. Signature of Akhundzada Ganari Jan.
4. Signature of Mian Abdul Ghafur.
5. Seal of Malik Kamran Shamozai.
E. H. S. James, Lt.-Colond, Political Agent, Malakand.
14th April 1925
SOURCE OF INFORMATION (REFERENCE):
A COLLECTION OF TREATIES, ENGAGEMENTS AND SANADS RELATING TO INDIA AND NEIGHBORING COUNTRIES, (VOLUME XI), (Revised and Continued upto 1929, Compiled by C.U. Aitchison, Mittal Publications, Dehli, Reprinted in 1983, Pages 444-445.