Pakistan’s Additional Advocate General Acknowledges PoJK as 'Foreign Territory' Amid Recent Protests

Islamabad: In a significant development, the Additional Advocate General of Pakistan admitted in the Islamabad High Court that Pakistan-occupied Jammu and Kashmir (PoJK) is foreign territory. This admission occurred during the hearing of an abduction case involving renowned Kashmiri poet Ahmad Farhad, who was allegedly taken by the ISI. The court proceedings have sparked debates about the political and legal status of PoJK.  

On the night of May 14, 2024, Farhad went missing from his home in Islamabad. His family reported seeing him being taken away. The Islamabad High Court was informed about Farhad's whereabouts by the Attorney General for Pakistan, Mansoor Usman Awan.  

Awan revealed that Farhad had been "arrested and currently in police custody" in PoJK. This disclosure was made during a plea seeking Farhad's recovery. Following his disappearance, Farhad's family filed a petition in the Islamabad High Court, demanding his return.  

The Islamabad High Court ordered the government to extradite Farhad by May 24, 2024. The court warned that failure to produce Farhad within the stipulated time could result in summoning Prime Minister Shehbaz Sharif and his cabinet members. This case highlights the jurisdictional and political complexities surrounding PoJK.  

Legal and Political Implications of PoJK Admission  

The Additional Advocate General's reference to PoJK as a foreign territory aimed to justify the ISI’s actions and nullify the court’s jurisdiction. Historically, Pakistan-occupied Kashmir belonged to the princely state of Jammu and Kashmir. In 1947, Maharaja Hari Singh signed the Instrument of Accession, making Jammu and Kashmir part of India.

Despite this, Pakistan has unlawfully controlled the territory since the tribal invasion orchestrated by the Pakistan Army in October 1947. The admission in court is a rare acknowledgement of this reality by a Pakistani official. This case could have broader implications for the region's legal and political status.  

How Pakistan Army fooled PoJK citizens amid recent protests  

Recently, the Joint Awami Action Committee (JAAC) called off protests in PoJK after receiving a financial package of Rs 23 billion from the Pakistani government. The protests, driven by high prices and exploitation, were unique in their apolitical nature but had widespread support. The PoJK government promised to use the funds to subsidize flour prices and reduce electricity tariffs.

The protests highlighted deep-seated grievances and systemic issues. Official apathy, coupled with the heavy-handed response of Pakistani security forces significantly intensified the unrest, leading to a volatile situation. The JAAC protests, initially sparked by exorbitant electricity tariffs and frequent outages, later evolved into a broader movement against the acute shortage and spiralling costs of basic food items. These economic pressures have placed an unbearable financial strain on the residents of PoJK, rendering many unable or unwilling to pay their electricity bills as a form of protest.  

India's Stance on PoJK  

On May 16, External Affairs Minister S. Jaishankar reiterated that PoJK would eventually return to India. Speaking in Nashik, Jaishankar emphasized that there is no "Lakshman Rekha" regarding PoJK. He criticized Pakistan for its continuous opposition to India, attributing this stance to Pakistan's current problems.

Jaishankar pointed out that PoJK residents are aware of the development in Jammu and Kashmir and are questioning their situation. He expressed confidence that PoJK would return to India, citing historical and legal grounds. His comments echoed the parliamentary resolution on reclaiming PoJK.

The External Affairs Minister also highlighted China's involvement in PoJK, particularly the 1963 agreement where Pakistan ceded territory to China. He argued that legally, only India has a sovereign claim to PoJK. The geopolitical dynamics involving China add another layer of complexity to the PoJK issue.  

The acknowledgement of PoJK as foreign territory by a Pakistani official in court could have significant international ramifications. It aligns with India's stance and may influence future diplomatic and legal discussions. As tensions persist, the situation in PoJK remains a focal point in Indo-Pak relations.