A recent statement by Pakistan’s Additional Attorney General, claiming Azad Kashmir to be a “foreign territory” during the hearing of poet Ahmed Farhad’s case in the Islamabad High Court, has sparked widespread controversy.
The statement, made in an attempt to dismiss the case, has been met with criticism from various quarters, including legal experts, journalists, and social media users.
The Attorney General Munawar Iqbal Duggal argued that Azad Kashmir has its own constitution and judicial system, and Pakistani court decisions are treated as foreign judgments there.
Farhad’s lawyer, Imaan Mazari, termed Duggal’s statement as ‘interesting’, adding that the statement did not seem appropriate to her.
Senior journalist Hamid Mir wrote on Twitter, ‘State of Pakistan projecting AJK in a very negative perspective. They kidnapped a poet from Islamabad. They don’t have moral courage to admit the kidnapping and now they showed his arrest in AJK and told IHC that AJK is foreign territory. Means they have the authority of an occupying force in AJK but Pakistani courts have no jurisdiction.’
Many others have also raised questions on the government’s stand on social media. On the other hand, many people said that Azad Kashmir is a separate region from Pakistan.
Is Azad Kashmir not considered a part of Pakistan? The answer to this question lies in the very first article of Pakistan’s constitution.
Article One, Clause Two, states that the territory of Pakistan shall consist of the provinces of Balochistan, Khyber Pakhtunkhwa, Punjab, and Sindh, and the federal capital. In addition, any states and territories that are included in Pakistan, whether through accession or any other means, shall also be part of Pakistan.
Article One, Clause Three, states that Parliament may include new states and territories in Pakistan on such terms as it may deem fit.
Here is the full article of the constitution:
1 The Republic and its territories
(1) Pakistan shall be a Federal Republic to be known as the Islamic Republic of Pakistan, hereinafter referred to as Pakistan.
(2) The territories of Pakistan shall comprise:-
(a) the Provinces of Balochistan, the Khyber Pakthunkhwa, the Punjab and Sindh;
(b) the Islamabad Capital Territory, hereinafter referred to as the Federal Capital;
(c) and such States and territories as are or may be included in Pakistan, whether by accession or otherwise.
(3) Majlis-e-Shoora (Parliament) may by law admit into the Federation new States or areas on such terms and conditions as it thinks fit.
Although this article does not explicitly mention Azad Kashmir or Gilgit-Baltistan, it does provide a pathway for the inclusion of these and other territories within Pakistan.
The Pakistani Constitution mentions Kashmir in Article 257, which states that when the people of the state of Jammu and Kashmir decide to join Pakistan, the relationship between Pakistan and the state will be determined according to the wishes of the people of the state.
257 Provision relating to the State of Jammu and Kashmir. When the people of the State of Jammu and Kashmir 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.
Based on this, the boundaries of Azad Jammu and Kashmir were defined through an Act passed by the Azad Kashmir Assembly in 1974.
This Act, established through the approval of the Azad Jammu and Kashmir Government Bill 1974, is also known as the Interim Azad Jammu and Kashmir Interim Constitution and Act VIII.
This Act, which serves as the constitution of Azad Kashmir, states that Azad Jammu and Kashmir refers to those areas of the state of Jammu and Kashmir which have been liberated by the people of that state and are currently under the administration of the government, as well as any areas that may come under its administration in the future.
Azad Jammu and Kashmir’ means the territories of the State of Jammu and Kashmir which have been liberated by the people of that State and are for the time being under the administration of Government and such other territories as may hereafter come under its administration.
However, this Act does not recognize Gilgit, Hunza, and Baltistan as part of Azad Kashmir.
The constitutional framework of Azad Kashmir is established under this Act. Azad Kashmir has its own President and Prime Minister. It also has its own judicial system and separate police force.
The Azad Kashmir Assembly also operates under this interim constitution.
The original constitution of the state of Jammu and Kashmir was approved in 1939. After independence, when India occupied a large part of the state, amendments were made to the constitution of occupied Kashmir in 1957.
Azad Kashmir was administered without a formal constitution until 1970. However, in 1970, the Azad Kashmir Assembly passed an Act that became the first constitution of Azad Kashmir. When Pakistan’s new constitution was approved in 1973, the Azad Kashmir Assembly passed the 1974 Act or constitution based on that constitution.
