Background — History

The petitioner-respondents filed a writ petition in the High Court alleging that the territories known as Norther Areas formed part of Jammu and Kashmir State prior to the partition. After the partition of subcontinent in the year 1947, a liberation movement was launched by the people of the State in consequence of which certain territories of the State were liberated from the subjugation of Hindu Maharaja. An independent State consisting of liberated territories known as Azad Jammu and Kashmir came into existence. However, the administration of Northern Areas was handed over to the Govt. of Pakistan as a result of an agreement between the Govt. of Pakistan and the Govt. of Azad Jammu and Kashmir on 28 April, 1949. — It was averred further that when the constitutional Acts known as Azad Jammu and Kashmir Govt. Act, 1970 and the Azad Jammu and Kashmir Interim Constitution Act, 1974 were promulgated, the agreement dated 28^th April 1949 came to an end, thus, the administrative control of the Northern Areas should have been given back to the Govt. of the State of Azad Jammu and Kashmir but it was not done so and these areas remained under the administrative control of the Govt. of Pakistan in violation of Constitutional provisions contained in the Interim Constitution Act, 1974. — It was further the case of the petitioners-respondents that in view of the definition of the expression ‘State of Jammu and Kashmir’ as given in section 2 of the Interim Constitution Act, 1974, Northern Areas are the part of Azad Jammu and Kashmir State, thus, a writ against the Azad Jammu and Kashmir Govt. and the Govt. of Pakistan was prayed for. Fedration of Pakistan v. Malik M. Miskeen & others 1995 SCR 43 (A)
The writ petition was accepted in the following terms:- (A) Azad Govt. to immediately assume the administrative control of the Northern Areas and to annex it with the administration of Azad Jammu and Kashmir; (B) The Govt. of Pakistan to provide adequate assistance and facility to the Azad Govt. in attainment of the said object:- The residents (State Subjects) of the Northern Areas shall enjoy the benefit of the fundamental rights conferred by the Act, 1974. They shall be provided representation in :- i the Govt. ii the Assembly; iii the Council; iv the civil services; and v other national institutions; Azad Govt. shall take steps to establish administrative and judicial set up in the Northern Areas within the framework of the Interim Constitution Act.Fedration of Pakistan v. Malik Muhammad Miskeen & others 1995 SCR 43 (B)