Pakistan admits POK is foreign territory in court, highlighting complex jurisdiction issues amid activist’s kidnapping case.
In a landmark development, the Pakistani government has conceded before the Islamabad High Court that Pakistan-Occupied Kashmir (POK) is a foreign territory over which Pakistan holds no jurisdiction. This unprecedented admission came on Friday, May 31, from Pakistan’s Additional Attorney General during the hearing of a kidnapping case involving Kashmiri poet and journalist Ahmed Farhad Shah.
Ahmed Farhad Shah, known for his activism and strong criticism of the Pakistani establishment, was reportedly abducted from his home in Rawalpindi by Pakistan’s intelligence agencies on May 15. His case was brought before Justice Kayani of the Islamabad High Court, where it was revealed that Shah is currently in police custody in POK.
The Additional Attorney General argued that Shah could not be presented before the Islamabad High Court because he is detained in a region that is a foreign territory with its own constitution and judicial system. He emphasized that any judgements made by Pakistani courts in POK would be treated as foreign court judgements, according to a report by Pakistan Today.
Justice Kayani challenged this argument by questioning how the Pakistani military and Pakistani Rangers could operate in POK if it were truly a foreign territory. This pointed question highlights the complex and often contradictory nature of Pakistan’s stance on POK.
During the court proceedings, it was disclosed that Ahmed Farhad Shah is being held by Dhirkot police in POK, where he faces two legal cases. His abduction and detention have been met with criticism, especially considering his outspoken activism for the rights of POK residents and his history of anti-government protests in the region.
Justice Kayani also took the opportunity to criticize Pakistan’s intelligence agencies for their continued practice of forced abductions, a tactic that has been condemned by human rights organizations both within and outside Pakistan. This practice of enforced disappearances is a significant issue in the region and highlights the ongoing human rights concerns in POK.
The case of Ahmed Farhad Shah has drawn attention to the broader geopolitical and human rights issues in POK. His activism and criticism of the Pakistani military and government have made him a prominent figure, and his kidnapping underscores the risks faced by activists in the region.
Shah’s wife, who filed the petition regarding his kidnapping, has called for his immediate release and an end to the unlawful detention practices. The case continues to develop, with potential implications for Pakistan’s policy and international stance on POK.
This admission by the Pakistani government could have far-reaching consequences for its control and policy in POK, potentially altering the dynamics of the region’s political landscape and Pakistan’s relations with both POK and the broader international community.