Pakistan admits PoK is a 'foreign land' in Islamabad High Court; here's what the country's constitution says

In a rare move that stirred headlines in Pakistan, the country’s government admitted that Pakistan-occupied Kashmir (PoK) is a “foreign territory”. The  proclamation from the Pakistani government was made before the Islamabad High Court (IHC) while the latter was hearing the kidnapping case of Kashmiri poet and journalist Ahmed Farhad Shah.

On Friday, Pakistan’s Additional Attorney General argued Shah was in police custody in PoK and hence, could not be produced before the Islamabad High Court, Aaj News reported. The comments came after the Additional Attorney General was asked by Justice Mohsin Akhtar Kayani of IHC why Shah could not be presented to the court.

The AAG argued that the PoK is a “foreign territory” with its own constitution and its own court. He reasoned that the judgements of Pakistani courts in PoK appear as “judgements of foreign courts”. After hearing the argument, Justice Kayani asked AAG that if PoK was a foreign territory, then how did the Pakistani military and Pakistani Rangers enter the land. The court went on to slam the Pakistani intelligence agencies for indulging in “forceful abduction of people”.

Shah is known for his defiant prose and was allegedly abducted from his house on May 14. A day after his alleged abduction, the Kashmiri poet’s wife Urooj Zainab filed a petition and sought her husband’s recovery. She moved court requesting it to identify, investigate, and prosecute those responsible for his disappearance.

What Pakistan’s Constitution says on the matter?

Article one, clause two of the constitution of Pakistan states that the territory of Pakistan shall consist of the provinces of Balochistan, Khyber Pakhtunkhwa, Punjab, and Sindh, and the federal capital. While it mentions that any state or region included in the territory through accession or any other means, shall also be part of Pakistan, it makes no explicit mention of PoK or what they call it the “Azaad Kashmir”.

Pakistan mentions Kashmir only in Article 257 of its constitution. In the aforementioned part, the constitution notes that PoK will only be part of Pakistan when its people decide to join the country.

“Provision relating to the State of Jammu and Kashmir (PoK). When the people of the State of Jammu and Kashmir (PoK) decide to accede to Pakistan, the relationship between Pakistan and the State shall be determined in accordance with the wishes of the people of that State,” the article reads.

However, there’s still no formal answer to the question of whether the people of PoK wants to join the country or not. Hence, PoK, technically remains a “foreign land” for Pakistan.

Moreover, the so-called AJK Government Bill 1974, gives the region its right to have its own President and Prime Minister. It also has its own judicial system and separate police force. Hence, the region is out of reach from the Pakistani court’s jurisdiction.

What’s India’s stance on the matter? 

It is pertinent to note that New Delhi still considers PoK as an integral part of India. External Affairs Minster Dr S. Jaishankar reiterated the stance last month.

“It (POK) has always been with India and it will always be India. Till Article 370 was invoked, there wasn’t much discussion about POK,” the EAM said while speaking at an event in Kolkata. He was reacting to the recent unrest that has jolted the region.

“Today, there are certain ferments happening in POK. The analysis of it is very complex but definitely I have no doubt in my own mind that someone living in POK is comparing their situation with someone living in Jammu and Kashmir and seeing how people there are progressing nowadays,” the Indian diplomat averred.

“They know the sense of being under occupation or being discriminated or treated badly,” he added. Before this, EAM has maintained that every Indian political party has been committed to ensuring that PoK returns to India.