Pakistan Govt Lawyer Declares PoJK As “Foreign Territory” In HC Habeas Corpus Petition For ‘Missing’ Poet

Admitting that Pakistan-Occupied Jammu and Kashmir (PoJK) is not part of Pakistan, the government lawyer informed the Islamabad High Court that poet Ahmed Farhad Shah, currently in police custody in PoJK, cannot be brought to the court in the federal capital as he is in “foreign territory” beyond the country’s jurisdiction, according to Dunya News.

At the beginning of the proceedings, Additional Attorney General Munawar Iqbal Duggal stated that cases had been registered against Farhad in Azad Kashmir, and he remained on physical remand until June 2. He mentioned that Farhad’s family had met him, suggesting that the habeas corpus petition be disposed of.

According to Dunya News, Justice Mohsin Akhtar Kayani presided over the proceedings on the plea filed by Arooj Zainab, Farhad’s spouse. The petitioner’s lawyer, Imaan Mazari, emphasized that her client not only sought her husband’s return but also demanded action against those accountable for his enforced disappearance.

The High Court insisted that the case would only conclude upon Farhad’s appearance in court. AAG Duggal argued that Kashmir was a foreign territory with its own constitution and courts, treating judgments of Pakistani courts similarly to those of foreign courts, as per Dunya News.

The petitioner’s attorney informed the court that Farhad’s family had traveled from Islamabad to the Dhirkot police station, but upon arrival, they were informed that he had been transferred to Muzaffarabad due to the inclusion of sections relating to charges of terrorism.

When Justice Kayani inquired where Farhad had been before his detention on May 29, the Islamabad prosecutor general stated that the PoJK court would handle it. Justice Kayani emphasized the necessity for everyone to adhere to the law, while the prosecutor general maintained his adherence to legal procedures, reported Dunya News.

“We have to determine the misuse of law,” Kayani responded to the petitioner’s attorney’s plea for the court to consider cases involving the misuse of laws and procedures.

The court adjourned the hearing of the case until June 7, rejecting the request to dispose of the petition for the recovery of poet Ahmed Farhad.