On Monday, Sardar Tanveer Ilyas of Imran Khan’s Pakistan Tehreek-e-Insaf (PTI) was elected because the 14th “prime minister” of Pakistan-occupied Kashmir (PoK). Khan, who was not too long ago ousted as Pakistan’s PM, nominated Ilyas after his hand-picked Sardar Abdul Qayyum Niazi resigned following a revolt within the occasion.
The Pakistan Peoples Party (PPP) and the Pakistan Muslim League-Nawaz (PML-N), now ruling Pakistan with Shehbaz Sharif as PM, boycotted Ilyas’s election. They had collectively fielded Chaudhry Yasin for the put up of PoK’s PM.
The proceedings occurred in PoK’s National Assembly, presided over by Speaker Chaudhry Anwarul Haq. The Assembly has 53 members chosen from over 700 candidates by about 20 lakh voters of PoK.
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But that is not all. Some could be shocked to know PoK additionally has federal elections, a President (Barrister Sultan Mehmood Chaudhry, who convened the most recent Assembly session), a Supreme Court, and a High Court. But why have these establishments when PoK is a territory by definition occupied by Pakistan?
Let’s first perceive how PoK got here into being. And for that, we have to rewind to 1947 when Jammu and Kashmir was a princely state.
During Partition, Jammu and Kashmir was given the choice to hitch both India or Pakistan, however its ruler Maharaja Hari Singh selected independence.Pakistan invaded Jammu and Kashmir regardless of having signed a standstill settlement with the princely state, which turned to India for assist and signed the Instrument of Accession with India.India’s response to Pakistani intrusion resulted in a struggle that received over in 1949 with the United Nations intervening and accepting that the merger of Jammu and Kashmir with India was authorized.The ceasefire line quickly bifurcated Jammu and Kashmir, with India controlling about 65 per cent of the state and Pakistan the remaining 35 per cent. India calls the 35 per cent half Pakistan-Occupied Kashmir (PoK). Pakistan calls it Azad Jammu and Kashmir (AJK) or Azad Kashmir.PoK leaders surrendered the Northern Areas to Pakistan below the Karachi Agreement of 1949. Part of PoK within the bigger Ladakh area was handed over to China by Pakistan in 1963.
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HOW PoK IS ‘GOVERNED’PoK is split into two components: AJK and Gilgit-Baltistan (known as the ‘Northern Areas’ until August 2009). Muzaffarabad is the capital.PoK includes 10 districts below three divisions — Mirpur, Muzaffarabad, and Poonch.The president is the constitutional head, whereas the prime minister, supported by a council of ministers, is the chief government.The unicameral legislative meeting elects each the prime minister and the president.The territory has a Supreme Court, with a chief justice and two different judges.There can also be a excessive court docket, with three circuit benches in Kotli, Mirpur, and Rawalakot.
On the face of it, PoK appears to perform as an autonomous state. Let’s attempt to have a glimpse of life in PoK, as reported from the area by the native media this month.
Prime Minister Niazi (now ousted in a no-confidence vote like Imran Khan) introduced a historic Ramazan bundle for the individuals, and stated, “The AJK government will provide a subsidy of Rs 400 per 40kg of flour during Ramazan. “Subsidy amounting to Rs 56 crore would be provided under the Ramazan relief package”, he stated.New Prime Minister Ilyas reiterated his occasion’s imaginative and prescient to show “Azad Kashmir into a self-reliant state” and stated that folks’s welfare and growth had been amongst his prime priorities.A minister warned in opposition to illegal occupation of presidency land and unlawful development, vowing that the apply can be thwarted with an iron hand.Inspector General of Azad Jammu Kashmir Police (sure, PoK has its police power) Suhail Habib Tajik stated your entire police service is being digitized in all 10 district headquarters by establishing totally outfitted Police Khidmat Marakiz’ (Police Facilitation Centers). The initiative is aimed to make sure swift police companies for combating crimes and sustaining peace.There are many different departments, together with the one for managing PoK’s wildlife. A information report stated in February that officers swung into motion when a leopard was stoned and strangled to demise by indignant villagers after it descended on a human settlement within the Jhelum Valley district and wounded some individuals.
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But the narrative stays anti-India and revolves across the concept of Kashmir’s freedom. Here are some current utterances reported by the native media.
Politicians introduced rallies to protest PM Modi’s go to to Jammu and Kashmir in May, his first go to to the area after his authorities abrogated Article 370 in Jammu and Kashmir to revoke its momentary particular standing and bifurcated the erstwhile state into two Union Territories (Jammu and Kashmir, and Ladakh) in 2019.President Chaudhry urged the Organisation of Islamic Cooperation (OIC) international locations to impose financial sanctions on India and boycott its merchandise to assist cease “oppression and barbarism in occupied Kashmir and sought to redouble efforts for the settlement of the Jammu and Kashmir dispute.”President Chaudhry, whereas paying tributes to AJK’s former president, Mirwaiz Muhammad Yusuf Shah, for his selfless social, political and spiritual companies, stated the previous president’s indomitable function in “Kashmir’s freedom struggle would always be remembered.”BUT HOW AZAD IS AZAD KASHMIR?
Technically, Pakistan doesn’t deal with PoK as a part of its territory however calls it a “liberated” a part of Kashmir. Pakistan’s Constitution lists the nation’s 4 provinces: Punjab, Sindh, Balochistan, and Khyber Pakhtunkhwa. AJK isn’t on the listing. It’s not even represented in Pakistan’s parliament, Majlis-e-Shura.
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Though PoK is ruled below the Azad Kashmir Interim Constitution Act 1974, the governing construction is powerless and depending on the Pakistani institution for the smallest points. Even the courts are subservient to Pakistan’s Supreme Court.
Actually, PoK is run by the Pakistan authorities via its omnipotent Kashmir Council, a nominated 14-member physique headed by Pakistan’s Prime Minister. Six members are nominated by the Pakistan authorities and eight are from the PoK Assembly and authorities, together with the “prime minister” of “Azad Kashmir”.
Article 1 of Pakistan’s Constitution, which lists Pakistan’s territories, additionally has a provision for “such States and territories as or may be included in Pakistan, whether by accession or otherwise”.
Article 257 of Pakistan’s Constitution says: “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.”
PoK’s structure additionally has an injunction in opposition to individuals or political events propagating “against or taking part in activities prejudicial to the ideology of the state’s accession to Pakistan”. Assembly members could also be disqualified for doing this. Even election candidates need to signal an affidavit swearing allegiance to Kashmir’s accession to Pakistan.
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The navy has the ultimate phrase. Then why does Pakistan must have these intuitions, even when powerless, in PoK?
The reply lies within the core of the bigger Kashmir query. India says Jammu and Kashmir and Ladakh (together with the territories occupied by Pakistan) are its integral half. The UN Resolution of 1948 additionally held that the merger of the princely state of Jammu and Kashmir was authorized.
Pakistan says there needs to be a referendum that may determine whether or not the Kashmiri individuals need to stick with India or develop into Independent (learn merge with Pakistan).
India has dominated this out, arguing that the participation in elections by the individuals of Jammu and Kashmir was akin to holding a referendum.
In any case, the UN Resolution stated any referendum could possibly be held solely after Pakistan withdrew its troops from the occupied territories, and India maintained the minimal required troops to finish the method.
So, when a referendum went out of the equation, terror, feeding on discontent in a bit of Jammu and Kashmir’s inhabitants, turned an instrument of Pakistan’s overseas coverage. Pakistan’s navy and ISI recruit, practice, and supply logistics to males from each side of the border and name them mujahideen (freedom fighters).
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The area has been a centre of Pakistan-unleashed terrorism in opposition to India. At the peak of the militancy within the Kashmir Valley, many terror camps had been situated in PoK. Even at present, many madrasas in PoK function as terror factories.
Having elections, courts and the places of work of prime minister and president in PoK is a part of Pakistan’s “freedom for Kashmir” propaganda. The message is: part of Jammu and Kashmir is azad, and the opposite half additionally desires freedom.
INDIA’S RESPONSE TO ELECTIONS
India has at all times rejected elections in PoK, saying this beauty train is a failed try by Pakistan to camouflage its unlawful occupation and grave human rights violations. Pakistan has no declare on these Indian territories and it should vacate them, India has stated.
Allegations of oppression hold coming from PoK. Earlier this month, PoK activist Shabir Choudhry slammed Imran Khan for labelling voices in opposition to atrocities as traitors.
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Similarly, a gang rape survivor from PoK, who has been preventing for justice for seven years, additionally not too long ago sought PM Narendra Modi’s assist for a shelter and safety as she and her youngsters face a life risk from politicians. In an emotional video message, she stated the police, the federal government and the judiciary have failed to offer her justice.
INDIA’S STAND ON PoK
India by no means accepted Pakistan’s declare on the territories it occupied throughout the 1947 invasion. And, in 1994, India’s Parliament unanimously adopted a decision, declaring that Pakistan should vacate Jammu and Kashmir territories below its occupation.
More not too long ago, in 2019, External Affairs Minister S Jaishankar stated India expects to have bodily jurisdiction over it someday. The subsequent yr, Army chief General MM Naravane stated the Indian Army will take acceptable motion to reclaim PoK if it receives approval from Parliament to that impact. But the successive governments have maintained that solely dialogue can resolve the Kashmir drawback.
