AJK High Court stays 'point of sale' enforcement against hotels

The Azad Jammu and Kashmir (AJK) High Court on Thursday granted status quo relief to nine major hotels and restaurants in Muzaffarabad that had challenged the Central Board of Revenue’s (CBR) campaign to enforce installation and integration of Point of Sale (POS), digital invoicing and electronic monitoring systems in the hospitality sector. 

Justice Syed Shahid Bahar, the senior puisne judge, passed the order while hearing a writ petition filed under Article 44 of the AJK Interim Constitution, 1974, and fixed May 21 for further proceedings. 

The petitioners included Neelum View Hotel and Restaurant, Shah Jahan Hotel, Jirga Restaurant, Hafiz Foods and Bakers, Royal Continental Hotel and Restaurant, Lala Latif Restaurant, Chira Mama Restaurant and Habibi Restaurant.

Represented by Barrister Kamran Ilyas Raja, the petitioners contended that they were not opposed to lawful taxation of hotel and hospitality services, but challenged the CBR’s attempt to extend the POS and electronic monitoring regime to hotels under Section 40C of the Sales Tax Act, 1990, and Chapter XIV-A of the Sales Tax Rules, 2006. 

The petition argued that Section 40C was framed primarily in the context of production, sales, clearances, stocks and taxable goods, and could not automatically be applied to service providers without explicit statutory authority. 

It further maintained that the service sector in AJK was separately governed under the AJK Sales Tax (Tax on Services) Act, 2001, and that subordinate legislation, including Rules 150ZA, 150ZB and 150ZC, could not enlarge the scope of the parent statute.

The petitioners also questioned the legal basis for extending the impugned regime to hotels, arguing that the authorities had failed to identify any notification, SRO, circular or gazette instrument authorising such application. 

They sought declarations that the POS enforcement regime, insofar as it applied to hotels and hospitality businesses, was without lawful authority, and prayed that the authorities be restrained from sealing premises, imposing penalties or taking coercive action except strictly in accordance with law.

After the preliminary hearing, the judge granted status quo in favour of the petitioners, effectively providing interim protection against “coercive enforcement measures” until the next hearing.

Tariq Naqash

Two suspects in GB murder case arrested in AJK’s Jhelum Valley

Police in Jhelum Valley district of Azad Jammu and Kashmir (AJK) have arrested two suspects wanted in a murder case registered in Diamer district of Gilgit-Baltistan (GB), officials said on Wednesday.

According to a police statement, authorities in Thore police station had reported that armed suspects had attempted to abduct a young girl at gunpoint in its jurisdiction. Upon resistance, the assailants allegedly shot dead the girl’s mother and critically injured her uncle before fleeing the scene.

Acting on information that some of the nominated suspects were hiding in the jurisdiction of Chinari police station in Jhelum Valley, Superintendent of Police (SP) Atta-ur-Rehman directed local police to trace and apprehend them.

A team led by Station House Officer (SHO) Inspector Mumtaz Hussain conducted a raid in the Pahl Gahani Tang area and arrested two proclaimed offenders identified as Uzair and Jaleel, residents of Thore, Chilas.

Police said the arrested suspects were wanted in the murder case registered at Thore police station and would be handed over to the concerned authorities.

The SP appreciated the police team's performance and announced certificates and cash rewards for the officers involved in the operation.

Meanwhile, the SP urged the public to report any suspicious or criminal activity in their vicinity to the nearest police station to help ensure a safe and crime-free society.

Tariq Naqash

AJK CEC reassures voters over electoral roll discrepancies

 Chief Election Commissioner (CEC) of Azad Jammu and Kashmir, retired Justice Ghulam Mustafa Mughal, on Wednesday reassured voters that the Election Commission was fully committed to holding free, fair and impartial elections in 2026, while acknowledging concerns regarding discrepancies in electoral rolls.

In a video message, Mr Mughal said all decisions of the commission were being taken strictly in accordance with the law and relevant rules, emphasising that transparency and neutrality remained its foremost priorities.

Referring to public complaints, he clarified that the voter lists issued so far were preliminary and provisional, aimed at identifying errors and omissions for timely correction.

He said that due to technical issues, discrepancies had appeared in the lists and some voters had been left unregistered, with the number of such cases estimated at around 27,000. Similar issues were reported from Neelum, Muzaffarabad, Kotli, Mang, Khari Sharif, Chakswari, Bagh, Dhirkot and other areas.

“As soon as the situation came to our notice, a committee comprising experts was constituted,” he said, adding that meetings were held with deputy commissioners as well as election commissioners across AJK.

The CEC said a detailed meeting was also held with the Nadra chairman, who was asked to rectify errors and ensure preparation of accurate voter lists in line with the agreement. Nadra, he added, extended full cooperation and began work immediately, while the Election Commission’s team remained present at its office to oversee progress.

He said correction work in three to four districts had already been completed, while the remaining districts were being addressed in phases. Voters would be provided with accurate and complete electoral rolls, as was done in 2016, he added.

Mr Mughal also announced an extension in the deadline for revision of voter lists, saying that three to four days were still available. He advised voters whose names had not yet been included to register directly with the revising authorities in accordance with the law.

He said a complaint regarding the votes of Jammu and Kashmir refugees based in Pakistan had been resolved, while confusion over the voting status of Mangla Dam affectees had also been clarified.

He explained that individuals displaced due to the construction of Mangla Dam in Mirpur, regardless of their current place of residence, were entitled to cast their votes there, and relevant instructions had been issued to revising authorities.

The CEC expressed hope that the electoral rolls would be finalised by May 16 or 18, adding that the deadline could be extended by a day or two if required.

“It is natural for voters to feel concerned when they do not find their names on the lists,” he said, assuring that the Election Commission’s website had been made functional to provide daily updates.

He said the commission was receiving around 600 to 700 complaints through WhatsApp, phone calls and written applications, which were being addressed on a daily basis.

Justice Mughal reiterated that the Election Commission would continue this process until the elections and remained committed to ensuring transparent, credible and impartial polls.

Tariq Naqash

Nawaz summons PML-N ticket aspirants to Lahore for AJK polls

Pakistan Muslim League-Nawaz (PML-N) President and former prime minister Nawaz Sharif has summoned party ticket aspirants for the upcoming Azad Jammu and Kashmir (AJK) elections to Lahore on Friday, party sources said. 

More than 205 PML-N leaders and activists from 33 constituencies in AJK and 12 in Pakistan, reserved for the refugees from occupied Jammu and Kashmir, have applied for party tickets. They have been directed to appear before the parliamentary board at 11:30am at the party’s Model Town office, a party leader said. 

Prior to this, the 24-member parliamentary board will hold its first formal meeting at 11am with Mr Sharif in the chair. The board, constituted by him on April 16, has been tasked with scrutinising and finalising candidates for the polls due in July. 

Headed by Mr Sharif, the board includes Prime Minister Shehbaz Sharif, Deputy Prime Minister Ishaq Dar, Punjab Chief Minister Maryam Nawaz Sharif, and federal ministers Ahsan Iqbal, Khawaja Asif, Amir Muqam and Rana Sanaullah. 

Other members include former ministers Senator Pervaiz Rashid, Senator Anusha Rahman, Khawaja Saad Rafique, Chaudhry Barjees Tahir, Hamza Shehbaz, Marriyum Aurangzeb and retired Capt Muhammad Safdar. Former MNA Chaudhry Abid Raza was also added to the panel recently. 

The AJK representation comprises the party’s regional president Shah Ghulam Qadir, former AJK prime minister Raja Farooq Haider, Mushtaq Ahmad Minhas, Chaudhry Muhammad Saeed, Chaudhry Tariq Farooq, Dr Najeeb Naqi, Barrister Iftikhar Gillani and Chaudhry Abdul Rehman Arain. 

Earlier this year, Prime Minister Shehbaz Sharif had also constituted a nine-member political committee comprising federal ministers and AJK-based leaders to shape party policy and oversee political affairs related to the region. 

In February, the committee’s AJK members held consultations with prospective candidates at divisional headquarters across the territory, while separate consultations with aspirants from among Pakistan-based Kashmiri refugees were held in Rawalpindi. 

Party sources said the committee had completed most of the groundwork regarding prospective candidates in the 33 AJK constituencies. 

“Recommendations for party candidates have almost been finalised in around 25 constituencies following an extensive consultative process,” a source said on condition of anonymity. 

“However, in seven to eight constituencies, decisions remain pending due to the presence of multiple strong contenders,” the source added, expressing confidence that consensus would be reached on the remaining seats. 

“The parliamentary board will take decisions on merit, and these are expected to be accepted in the larger interest of the party. Workers have traditionally demonstrated discipline, and the same is expected this time as well,” another source said. 

PML-N sources also expressed confidence that the party’s governance record would resonate with voters in AJK. 

“The PML-N has consistently demonstrated its ability to deliver stable and development-oriented governance. We are confident that the people of AJK will once again place their trust in the party,” a source said. 

Earlier, the parliamentary board meeting was scheduled to be held in Muzaffarabad on Wednesday and Thursday, and several AJK-based members had arrived in the city on Monday to complete preparatory work. However, the plan was later cancelled, reportedly due to Mr Sharif’s health.

Tariq Naqash

AJK SC upholds death sentence to man accused of killing business partner

The Supreme Court of Azad Jammu and Kashmir (AJK) has upheld the death sentence of a man convicted of murdering his business partner in 2013, dismissing his final appeal in its Shariat Appellate Jurisdiction.

 The two-member bench, comprising Justice Raza Ali Khan and Justice Khalid Yousaf Chaudhary, ruled that the prosecution had proved the case beyond any shadow of doubt and found no mitigating circumstances to justify a lesser sentence.

The incident had occurred on February 7, 2013, when the convict, Muhammad Arif, visited the residence of his business partner Zahoor in the Gojra neighbourhood of Muzaffarabad, to discuss disputes relating to their joint transport business, including vehicles and payment cheques. During the exchange, the situation escalated and Arif opened fire, inflicting fatal injuries on Zahoor, who died on the way to hospital.

The case underwent multiple stages of adjudication. In 2018, a district court in Muzaffarabad had sentenced the convict to life imprisonment under Section 302(B) of the Azad Penal Code (APC), along with fines and compensation. However, in 2023, the Shariat Appellate Bench of the High Court enhanced the sentence to death as Qisas under Section 302(A), while dismissing the convict’s appeal and accepting a revision petition filed by the victim’s family.

 In his appeal before the apex court, the convict challenged the credibility of eyewitnesses, describing them as “interested” due to their relationship with the deceased. The court rejected this argument, observing that in incidents occurring within a residential setting, close relatives were often the most natural witnesses and their testimony could not be discarded solely on the basis of relationship.

The defence also contended that the prosecution had failed to establish a motive. The bench held that where reliable ocular evidence was available, the absence of a proven motive was not fatal to the prosecution’s case.

A plea regarding the convict’s alleged mental illness was likewise dismissed, with the court noting that the matter had already been settled in earlier proceedings and that medical evaluations had declared him fit.

Upholding the High Court’s ruling, the apex court reiterated that once a charge of murder under Section 302 of the APC was established, capital punishment remained the normal rule unless compelling mitigating factors existed — which, it held, were absent in the present case.

The convict-appellant and complainant respondent were respectively represented by advocates Amjad Ali Khan and Raja Gul Majeed Khan. 

The judgment authored by Justice Khalid Yousaf Chaudhary was announced in Mirpur the other day.  

End

Sehrai remembered as symbol of resistance at Muzaffarabad events

A rally and a seminar were held here on Tuesday to mark the fifth death anniversary of pro-freedom Kashmiri leader Muhammad Ashraf Khan Sehrai, with speakers vowing to continue resistance against Indian rule and highlighting what they described as the suppression of dissent in India-held Kashmir.

The rally, organised by Pasban-e-Hurriyat Jammu Kashmir (PHJK) at Burhan Wani Chowk, drew participation from political and religious leaders as well as activists, who paid glowing tributes to Sehrai and other Kashmiri martyrs. Chanting slogans such as “Sehrai, your martyrdom will bring a revolution” and “Long live the martyrs of Jammu and Kashmir,” participants reaffirmed their commitment to what they termed the ongoing struggle for freedom.

Carrying banners and placards, the demonstrators also paid tribute to Sehrai’s son, Junaid Sehrai, who was martyred by Indian troops exactly a year before his father’s custodial death, describing both father and son as enduring symbols of resistance.

The rally was led by Jamaat-i-Islami AJK emir Dr Muhammad Mushtaq, PHJK Chairman Uzair Ahmed Ghazali, and All Parties Hurriyat Conference (APHC) leaders, including Chaudhry Muhammad Shaheen, Zahid Ashraf and Sheikh Abdul Majid, among others.

Addressing the gathering, Mr Ghazali described Sehrai and his son as “a great example of sacrifice for Islam and freedom” and said Indian “barbarity” could not crush the resistance movement. “Their lifelong struggle and sacrifice will continue to inspire Kashmiris,” he added.

Dr Mushtaq said the people of Jammu and Kashmir would continue their struggle against Indian “repression” until achieving freedom and called on the United Nations (UN) to play a more effective role in resolving the Kashmir dispute.

Speaking at the rally, Sehrai’s nephew, Muhammad Riaz Khan, termed the sacrifices made by his family a “religious and national duty” and paid tribute to all Kashmiri martyrs.

Separately, a seminar titled “Across the Line” was organised by the APHC in collaboration with the Central Press Club (CPC), Muzaffarabad, as part of a series paying tribute to prominent pro-freedom figures in India-held Kashmir.

Addressing the seminar, APHC Secretary General Advocate Parvez Ahmed Shah said such forums were vital for raising awareness and promoting dialogue on the Kashmir issue. He said the APHC was determined to remain focused on advancing the Kashmir cause and stay independent of political processes in Azad Jammu and Kashmir (AJK).

He alleged that India was attempting to “render the Kashmir movement invisible” by restricting the work of non-governmental organisations and independent media in the occupied territory and urged Kashmiris to resist efforts to marginalise their movement.

 Political analyst Naila Altaf Kayani said arbitrary detention was prohibited under international law, citing Article 9 of the International Covenant on Civil and Political Rights, and argued that laws such as the Public Safety Act and the Unlawful Activities (Prevention) Act were inconsistent with these standards.

 She also highlighted the role of international organisations in amplifying the voices of affected communities and stressed that detainees were entitled to healthcare in line with the UN-endorsed Nelson Mandela Rules. Referring to the Minnesota Protocol, she underscored the need for transparent investigations into deaths in custody.

 Author Syed Arif Bahar praised Sehrai’s contribution to the pro-freedom movement in India-held Kashmir, describing him as a role model whose dedication to the cause set an example for others.

 “It is the primary responsibility of media institutions in the liberated territory to raise awareness, particularly at a time when media in occupied Kashmir are unable to operate freely,” he said.

 Other speakers, including APHC’s Sheikh Abdul Majid, press club president Sohail Mughal secretary general Shahzad Lolabi, Muhammad Riaz Khan and this scribe, also paid tribute to Sehrai and called for sustained engagement to highlight the Kashmir issue at international forums.

Tariq Naqash

Two men trapped by sudden surge in Jhelum River rescued

Two men were rescued after being trapped in the Jhelum River due to a sudden surge in water flow on Saturday, as authorities warned of increased risks of flash flooding amid rising temperatures and accelerated snowmelt.

Officials said the ongoing rise in temperature had intensified snowmelt, heightening the risk of abrupt fluctuations in the flow of rivers and streams.

In this context, a sudden increase in river discharge was recorded at Chakothi between 12pm and 1pm, reportedly due to the possible opening of spillways or reservoirs by India at Uri in India-held Kashmir.

The abrupt release of water triggered a sharp surge in the river between 1pm and 2pm, trapping two men who were fishing on a river island in Tandali, some 20 kilometres from here along the Jhelum Valley Road.

Upon receiving information, Rescue 1122 launched a timely operation and, after a difficult effort, safely retrieved both men from the river. They were later handed over to the police.

Director General of the State Disaster Management Authority (SDMA) and Rescue 1122, Saeedur Rehman Qureshi, urged citizens to exercise extreme caution, warning that the prevailing weather conditions — marked by rapid snowmelt and unusual temperature fluctuations — posed a serious risk of sudden flooding in rivers and streams.

He advised people to avoid going near rivers, fishing, or engaging in unnecessary activities in such areas.

“Without public cooperation, it is difficult for institutions to ensure the safety of life and property,” he said, urging citizens to strictly follow safety advisories issued by the authorities, particularly in view of possible rainfall and further weather changes in the coming days, to avert any untoward incidents.

Tariq Naqash