' FAQIR MUHAMMAD KHOKHAR, J.---The petitioner is wife of Hon'ble Mr. Justice Syed Manzoor Hussain Gilani of Azad. Jammu and Kashmir High Court. She and her husband are holders of National Identify Cards and the Pakistan Passports. They applied for issuance of official/gratis passports which was refused by the impugned letter dated 28-7-1999 issued by respondent No,2.
Hence, this writ petition.
2. The learned counsel for the petitioner argued that the Hon'ble Judges of the Azad Jammu and Kashmir Supreme Court, High Court and Shariat Court, their spouses and dependent unmarried children were entitled to the issuance of the official/gratis passports like the Hon'ble Judges of the superior Courts of Pakistan. It was further submitted that for all practical purposes, the Azad Jammu and Kashmir was to be treated like any other Province of Pakistan although it was not a part of Pakistan within the meaning of Article 1(2) of the Constitution of Islamic Republic of Pakistan.
The petitioner and her husband, the Hon'ble Judge, were already holding passports issued by the Passport office at Muzaffarabad set up by the Government of Pakistan. The President and the Prime Minister of Azad Jammu and Khashmir were holding diplomatic passports having been issued by the Government of Pakistan just like the Governors and the Chief Ministers of Provinces. The petitioner, her husband and their children are subjects of the State of Azad Jammu and Kashmir and are to be treated to be citizens of Pakistan in view of section 14-B of the Pakistan Citizenship Act, 1951.
3. On the other hand, the learned Standing Counsel for Pakistan argued that by virtue of Article 257 of the Constitution of Islamic Republic of Pakistan it would be after the plebiscite to be held under the auspices of the United Nations that the relationship between Pakistan and the State of Azad Jammu and Kashmir shall be determined in accordance with the wishes of the people of that State. The State of Azad Jammu and Kashmir did not form part of the territories of Pakistan as provided by clause (2) of Article ,1 of the Constitution of Islamic Republic of Pakistan. Learned Standing Counsel, however, admitted that the petitioner, her husband the Hon'ble Judge of the A.J.& K. High Court and their children had been granted Pakistan passports like other subjects of Azad Jammu and Kashmir.
4. I have heard the learned counsel for the parties at length. I find that clause (vi) of para 62 of the Passport and Visa Manual, 1974, makes a provision enabling the employees of Azad Government of the State of Jammu and Kashmir who are either Pakistani nationals or State subjects to make applications for the issuance of a Passport. Para.70(a) of the Manual clearly lays down that it is not the policy of the government to treat applications for passports from residents of the former State of Jammu and Kashmir on the basis different from that obtaining in the case of the citizens of this country. They should also be granted passports subject to the same conditions and restrictions as apply in the case of the citizens of Pakistan.
5. Under subsection (2) of section 8 of the Pakistan Citizenship Act, 1951, subject of the State of Jammu and Kashmir, who being under the protection of a Pakistan Passport, is resident in the United Kingdom, is deemed to be a citizen of Pakistan. Under section 14(B) of the said Act, a person who being a subject of State of Jammu and Kashmir migrated to Pakistan is to be treated to be a citizen of Pakistan. Under the Azad Jammu and Kashmir Constitution Act, 1974, the Azad Jammu and Kashmir Council is headed by the Executive Head of Pakistan
6. The Cabinet Division, Government of Pakistan, had issued office Memorandum No,8/9/70/(Coord.1) dated 24-6-1970 in which the following instructions pertaining to the affairs of Azad Jammu and Kashmir were conveyed for observance by all Ministries and Departments of the Central Government:-- "(i) Although Azad Kashmir is not a part of Pakistan within the meaning of Article 1(2)(b) of the Constitution, it should for all practical be treated like any other province. ... . .....
(ii) Azad Kashmir should be brought into the main stream of the general administration (of the country). For this purpose the leaders and officials of that Government should be invited at appropriate level to attend inter-ministerial meetings in which the problems of that area are coming up for discussion."
7. The Federal Government also revised para 10 of the Passport and Visa Manual, 1974, on 19-6-1999 wherein it is inter alia provided that official/gratis passport shall be issued to the Judges of the Supreme Court, High Courts and Shariat Court, their spouses and dependent unmarried children up to 25 years of age. Admittedly, the subjects of Azad Jammu and Kashmir are issued passports on behalf of the Federal Government under its policy like other citizens of Pakistan. There is no reason as to why the high functionaries 'of A.J.& K. Including the C Hon'ble Judges of the Azad Jammu and Kashmir Supreme Court, High Court and Shariat Court and their spouses and their dependent children should be excluded from the purview of para. 10 of the Passport and Visa Manual, 1974 (as revised) for the purposes of the issuance of official/gratis passports by Government of Pakistan. There is no specific exclusion in their respect. In view of their special status, respect and dignity, they cannot be treated differently than the Hon'ble Judges of the superior Courts of this country in this matter. The instructions dated 24-6-1970 issued by the Central Government for treating the Azad Janimu and Kashmir like any other Province for all practical purposes were required to be adhered to. But respondent No,1 proceeded to refuse to issue the gratis passport to Mr. Justice Manzoor Hussian Gilani and his family without any valid justification. Para. 10 of the Manual does not admit or the exclusion of high functionaries and the Judges of the superior Courts of Azad Jammu and Kashmir. We should not alienate ourselves from the affairs of Azad Jammu and Kashmir. It is high time that the people of Azad Jammu and Kashmir should be brought into the main stress of the country as quickly as possible.
8. For the foregoing reasons, the impugned order dated 28-7-1999 passed by respondent No,2 is declared to be without lawful authority and of no legal effect: Resultantly, respondent No,2 is directed to issue the official-gratis passports to the petitioner, her husband Hon'ble Mr. Justice Syed Manzoor Hussain Gilani, Judge, Azad Jammu and Kashmir High Court, and his other family members within three days under intimation to the Deputy Registrar (Judicial) of this Bench. This writ petition is accepted but with no order as to costs.