In a rare admission, Pakistan has recognised Pakistan Occupied Kashmir (POK) as a Foreign Territory! During a hearing of a case related to the kidnapping of Kashmiri poet and journalist Ahmed Farhad Shah at the Islamabad High Court on May 31, 2024, the Counsel appearing for the Government of Pakistan said that Shah was under the custody of Police in the POK region. He stressed that the poet-cum-journalist could not be presented at the honourable High Court as he “is under the custody of Police in POK, over which Pakistan does not have jurisdiction“! The Additional Attorney General also informed the High Court that “Kashmir is a foreign territory with its own Constitution and its own courts“, saying that “judgements of Pakistani courts in POK appear as judgements of foreign courts“!

As expected, the counsel’s statement has triggered a sensation in Pakistan and India. In reply to his admission, Justice Mohsin Akhtar Kayani of the Islamabad High Court stated that if POK was a “foreign territory“, then how did the Pakistani military and rangers enter the region to make arrests during the protests in May 2024? Justice Kayani wanted Farhad Shah to be produced in court, following a petition by the poet’s wife regarding the kidnapping of his husband by intelligence agencies. Shah was reportedly kidnapped by Pakistan’s intelligence agencies on May 15 (2024) from his residence in Rawalpindi. During the hearing, Justice Kayani strongly criticised the Pakistani intelligence agencies’ practice of forced abductions of people.

During the hearing, the Additional Attorney General revealed that the Dhirkot Police detained Shah, as there were two cases against him in POK. Shah, also a Human Rights activist, is fighting for the rights of POK people. He is known for his strong criticism of the Pakistani establishment (read Army) that calls the shots in the South Asian country. He has led and participated in a number of Anti-Government Protests in POK in recent times.

POK Wants To Merge With India
A slightly different turn of events show that the Government of Pakistan is seemingly losing control over POK! Anti-Pakistan protests rocked the region on May 10, 2024, prompting the Police to detain nearly 70 leaders of the Jammu-Kashmir Joint Awami Action Committee (JKJAC). The JKJAC planned to hold a rally on May 11. However, the local authorities did not allow the organisation to do so. Soon after the arrest of their leaders, the JKJAC members called strike in Muzaffarabad, Mirpur, Samahni, Sehnsa, Rawalakot, Khuiratta, Tattapani, Hattian Bala and some other towns in POK. The protesters clashed with the Police and Paramilitary Forces in different parts of the region. The Police reportedly gunned down several protesters during the clash. Meanwhile, the concerned authorities in Islamabad claimed that it was not certain whether their death was due to Police firing.

There is nothing new in unrest in POK. Often there are sporadic disturbances for some reason or the other. Currently, Pakistan is going through an economic crisis as the South Asian country is plagued with problems, like food crisis, price hike, rising revenue, power crisis, etc. These issues have created trouble in POK, too! The Gilgit-Baltistan region has remained the most volatile in recent times. Local residents have complained that they are the victims of discrimination by the Government of Pakistan! A section of the POK residents has repeatedly demanded to join India! Interestingly, most of the protesters are young persons who demand merger of POK with India. Reports suggest that the Indian national flags were seen flying in Rawalakot on May 10 (2024). There were also pro-Indian posters on the walls of various POK towns.

Expressing serious concern over the situation, POK Prime Minister Chaudhry Anwarul Haq appealed to the protesters to refrain from violence, stressing that his government was ready to accept their demands. Pakistani President Asif Ali Zardari, too, expressed serious concern, and assured protesters that he would hold a meeting with them soon in order to solve the problem.

Meanwhile, Amjad Ayub Mirza, a prominent exiled social activist from POK, demanded India’s intervention! He told ANI: “India cannot remain aloof from the current situation in POK. At the moment, our people are fighting. The whole of POK has been shut down by peaceful protesters who are being beaten up and shot at by the Pakistan Police, Punjab Police, the so-called Azad Kashmir Police and the FC.” Mirza stressed: “Situation is getting out of hand. It already is actually out of hand, and India now should focus all its attention on POK and help and facilitate the Independence of this occupied territory, including Gilgit-Baltistan.”

Since the abrogation of Article 370 (of the Indian Constitution) by the Government of India in 2019, the movement in POK has intensified. It may be noted that the India-Administered-Kashmir no longer has a separate Constitution, as it abides by the Indian Constitution much like any other Indian Provinces. Now, all Indian laws are automatically applicable to Kashmiris and people from outside the northern Indian province can purchase property there. Interestingly, the Government of India has also started to strengthen its claim on POK since the abrogation of Article 370. Speaking at an event in the eastern Indian city of Kolkata on May 14 (2024), Indian Minister of External Affairs Dr Subrahmanyam Jaishankar stated that POK was never an external part of India. Instead, it has always been an integral part of the country. According to Dr Jaishankar, there is a resolution of the Indian Parliament according to which POK is a part of India. Earlier, Indian Defence Minister Rajnath Singh claimed that although India would never occupy POK, the region would soon be annexed by India because of the deteriorating situation there.

Political analysts are of the opinion that the Pakistani Government‘s discriminatory treatment of POK is fuelling anger among its residents. It will further increase their desire to join India. It may be noted that the Government of India brought the Jammu and Kashmir Reservation Bill during the Winter Session of Parliament in 2023 in order to reserve 24 seats for POK in the Legislative Assembly of Jammu and Kashmir. While tabling the Bill, the Indian Home Minister told the House that POK is a part of India.

India and Pakistan have a long-standing dispute over POK. Geographically, the region has two parts… one is directly connected with Jammu and Kashmir, while the northern part is known as Gilgit-Baltistan. During the Partition of the Indian Subcontinent in 1947, King Hari Singh of the State of Jammu and Kashmir decided to side with India after much dilly-dallying. On October 26, 1947, he signed the Treaty of Accession to India at the Amar Palace in Jammu. Kashmir became an integral part of India on the basis of this treaty.

The conflict between the two neighbouring countries over Kashmir also started in October 1947. Conflict arose also over the Kutch region of the western Indian Province of Gujarat in August 1965. The Pakistani Army and Islamabad-backed militants made an attempt to infiltrate Kashmir through the Kargil border in May 1999, triggering the Kargil War with India. However, India took just two months to win the war.

China, too, has repeatedly got involved in the India-Pakistan conflict over Kashmir. A satellite image from the European Space Agency triggered an uproar in the last week of April 2024, with the image showing China illegally constructing a road in a part of POK! As expected, this image has put Pakistan under tremendous diplomatic pressure. At the same time, Islamabad is trying hard to mitigate the protests that have rocked the POK.

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Published by Koushik Das

Koushik Das (born on May 16, 1976 in Kolkata) is a career journalist. Based in the Indian capital of New Delhi, Koushik writes mainly about foreign policies and current geopolitical issues, and rarely about other topics. His own political ideas are highly influenced by Antonio Gramsci, Louis Althusser, Michel Foucault, Michael Oakeshott and others. English philosopher and political theorist Oakeshott (Dec 11, 1901-Dec 19, 1990) says that “in political activity, men sail a boundless and bottomless sea. There is neither harbour for shelter nor floor for anchorage, neither starting-place, nor appointed destination. But we have to keep afloat”. (Rationalism in Politics, 1962) As a student of Political Science, Koushik loves to share his views on issues, which have great impacts on his thought process (and also on India, South Asia and of course on the global community), with his readers through his website – Boundless Ocean of Politics. By doing so, he tries to keep himself afloat. You will find some of his articles in https://inserbia.info/today/ (https://inserbia.info/today/author/kou_das13_i/), as he has been trying to assess the global geopolitics since 2003. You can also mail him at kousdas@gmail.com View all posts by Koushik Das