PAKISTAN-ADMINISTERED KASHMIR — The Supreme Court of Azad Jammu and Kashmir ruled that 12 legislative seats reserved for Kashmiri refugees in Pakistan are constitutionally protected. The court stated these seats cannot be abolished without a constitutional amendment.
The ruling came in response to a presidential reference that sought guidance on constitutional questions regarding the refugee seats and the upcoming election for the 45-member Legislative Assembly. The court further mandated that legislative elections must proceed within their constitutional timeframe, without delay due to political disputes, protests, or constitutional disagreements.
These 12 disputed legislative seats are designated for individuals who migrated from Indian-administered Kashmir to Pakistan decades earlier. Prime Minister Faisal Mumtaz Rathore argued during negotiations that the regional government lacks the authority to eliminate the refugee seats through executive action.
The court affirmed that unresolved constitutional questions concerning the refugee seats should be addressed by the Legislative Assembly. Rathore said the government accepted 36 of the Joint Awami Action Committee's 38 demands last year after negotiations involving group representatives, regional officials, and Pakistan's federal government. He also stated that the group's two outstanding demands involve constitutional provisions that solely the Legislative Assembly can change.
The court recognized peaceful protest as a constitutional right, but clarified that actions disrupting public life, blocking roads, intimidating individuals, or interfering with constitutional processes are not legally protected. One day before the court issued its ruling, police arrested dozens of supporters of the committee. The regional government banned the committee, citing alleged threats to public order and security.
No independent assessment was available for this report.