Pak says Gilgit, Baltistan are not part of its territory

The Pakistan government has agreed that Gilgit and Baltistan are not part of its territory.

Making this startling disclosure to the country's supreme court in the wake of a constitutional petition, the government said, ''The court has no jurisdiction to hear the petition as Gilgit and Baltistan (called Northern Areas) do not fall within the country's territory as defined by the Constitution.''

The court has been hearing a petition, filed in June 1994, challenging imposition of taxes, setting up of customs checkposts and regulating imports/ exports by the Pakistan government in Northern Areas while denying the local population fundamental human rights granted by the United Nations and the right to self-government.

Northern Areas are that part of Pakistan Occupied Kashmir which Islamabad treats as its de facto territory without giving its population equal constitutional, political and other rights.

At an earlier hearing, the Pakistan government told the court that it could not grant these rights as the area is not part of the country.

The petitioners -- the Al Jehad group and others -- contested Pakistan's right to exercise sovereignty over an area which, it says, does not form part of its territory. They pleaded that the court must guarantee the protection of their fundamental rights and all Pakistani officials, except the armed forces personnel, be recalled and the affairs of the area be handed over to the local population.

The petitioners also wanted cancellation of all laws, orders and notifications other than those made by the armed forces for defence purposes. Also no tax or duty of any kind be collected till the local population gets the right to take decisions through their elected representatives.

Pakistan, in its statement, has denied that the local population had no human and other rights and justified its de facto sovereignty over the areas under international laws and going by international examples. It asked the court to dismiss the petition as it did not come under its jurisdiction.

In 1993, the POK high court ordered that the administration of the areas be reverted to the government in Muzaffarabad (capital of POK) since these areas were part of Jammu and Kashmir. Pakistan challenged this order in the POK supreme court.

The POK supreme court quashed this order but maintained that Northern Areas were part of the undivided Jammu and Kashmir.

UNI