The Supreme Court of Azad Jammu and Kashmir (AJK) on Sunday affirmed the constitutional validity of 12 legislative seats reserved for refugees residing in Pakistan. This decision dealt a significant setback to the Jammu Kashmir Joint Awami Action Committee (JKJAAC), which had called for the removal of these seats.
The court issued its advisory opinion following a presidential reference filed under Article 46-A of the AJK Constitution, seeking clarity amid escalating strike calls and protests organized by JKJAAC aimed at abolishing the refugee quota.
In a comprehensive ruling, a bench headed by Chief Justice Raja Saeed Akram declared that the 12 refugee seats are constitutionally protected under Article 22 and supported by a legislative framework dating back to 1960. The court emphasized that these seats cannot be altered or eliminated through administrative decisions alone.
It further stated that any modification to these seats requires a formal constitutional amendment in accordance with Article 33. The judgment reinforced the government’s position that changes to the constitutional structure must be determined by the elected assembly rather than through pressure from protestors.
Addressing the ongoing civil unrest, the court acknowledged the constitutional right to peaceful protest but condemned actions that disrupt public life. It ruled that blocking roads and interfering with daily activities are not protected under the constitution.
“The exercise of one individual’s rights cannot be used as a justification to usurp the rights of other citizens,” the court remarked, underscoring the administration’s legal obligation to maintain public order, constitutional governance, and the rule of law.
Additionally, the judgment highlighted the importance of holding timely elections as mandated by Article 22(4), clarifying that political disputes or protests cannot legally obstruct the electoral process.
