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Jamil Maqsood, President of the Foreign Affairs Committee of the United Kashmir People's National Party (UKPNP) and currently living in exile in Belgium, has issued a scathing critique of the judicial and administrative structure in Pakistan-occupied Jammu and Kashmir (PoJK).
In a comprehensive legal paper titled "The Incapability of the Judicial System in Pakistan-Occupied Jammu & Kashmir Under Pakistani Administrative Control: A Constitutional and Legal Critique", Maqsood exposed what he describes as a facade of autonomy and a systematically weakened judiciary under the tight control of Islamabad. Maqsood argued that although Pakistan claims PoJK as a self-governed region, the ground reality is one of total subjugation, enabled by the 1974 Interim Constitution, a legal instrument that he said was imposed to strip PoJK of its autonomy. He highlights that 53 out of 56 critical administrative and policy subjects are directly controlled by Pakistan, leaving the local government and judiciary virtually powerless. "The judiciary in PoJK is a showpiece. It cannot act independently, interpret the constitution freely, or hold the military and intelligence agencies accountable," Maqsood states in the paper. He also criticised the practice of appointing lent officers from Pakistan, including top bureaucrats, judges, and police officials, who are not answerable to the people of PoJK but instead follow the directives of Islamabad. The paper pointed to Article 257 of the Constitution of Pakistan, which states that the future of Jammu and Kashmir must be decided in accordance with the wishes of its people. Maqsood asserted that by overriding local institutions and installing unelected officials, Pakistan is itself in violation of its constitutional commitments. In his concluding recommendations, Maqsood called for urgent and concrete measures to restore judicial and political autonomy in Pakistan-occupied Jammu & Kashmir. He demanded the immediate withdrawal of all lent officers from Pakistan who currently hold key administrative and judicial positions in the region. He further urged the repeal or substantial revision of the 1974 Interim Constitution, which he argued serves as the primary instrument of Islamabad's control. Additionally, he advocated for the establishment of an independent judicial commission in PoJK to ensure merit-based appointments and uphold the rule of law. Finally, Maqsood emphasised the need for Pakistan to comply with both Article 257 of its own Constitution and relevant United Nations resolutions to respect the political will and self-determination of the people of Jammu and Kashmir. He called for the restoration of genuine autonomy, warning that the existing system undermines the credibility of Pakistan internationally and robs the people of PoJK of justice, dignity, and political agency. Jamil Maqsood has long been an outspoken voice from exile, consistently highlighting issues of human rights violations, press censorship, and political repression in PoJK and Gilgit-Baltistan. His latest paper adds legal weight to growing international concerns about Islamabad's policies in these regions. Observers say such criticism from within the diaspora is gaining ground as local media in PoJK remains under tight surveillance and judicial independence continues to erode. (ANI)
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