LAHORE: The Lahore High Court (LHC) has held that the individuals, recognised as state subjects of the Azad Jammu and Kashmir (AJ&K), residing in Pakistan, shall be deemed to be citizens of Pakistan, retaining their status as state subjects.
The court said the state subjects holding valid National Identity Cards (NICs) must be treated as Pakistani citizens for all legal and constitutional purposes, including the invocation of rights before family courts and other judicial forums within Pakistan.
The court passed this order on a petition filed by Saira Bibi and others challenging the decision of a family court refusing to entertain their petition for being state subjects of AJ&K.
The court said a sticking question is that what would be the status of the person, who is, though, a state subject, and had moved to Pakistan with intent of residing there, but without prejudicing his status as the subject of the State.
The court said guidance in this regard can be sought from an office memorandum issued by the cabinet division, Government of Pakistan, which directed all ministries and departments that although Azad Kashmir is not part of Pakistan within the meaning of Article 1 (2) (b) of the Constitution, it should for all practical purposes be treated like any other province.
The court said, Section 14B of the Act, 1951, also extends a conditional, transitory, and provisional citizenship to state subjects of Azad Jammu and Kashmir, subject to the ultimate determination of the political relationship between Pakistan and that State.
This statutory recognition acknowledges their right to reside in Pakistan as citizens, and not as foreigners, until such time as their final status is resolved, the court added.
The court observed, the petitioners are holders of valid NICs and their residence within Pakistan is evidenced by the address reflected on their CNICs, thereby constituting prima facie proof of lawful presence in Pakistan.
The state subjects migrated to Pakistan cannot be treated as foreigners, the court added.
The court also observed that once such status is acknowledged, a person cannot be denied access to the family court merely on the ground of being a state subject of AJ&K.
The court set aside the impugned judgments and remanding the matter to the family courts, directed to decide such cases at their own merits within a stipulated time while applying the relevant provisions of the Ordinance, 1961 and the Act, 1964, after affording fair opportunities of hearing to the parties.
Copyright Business Recorder, 2025
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