AJK Supreme Court upholds constitutional status of region's 12 refugee seats

Muzaffarabad (Web Desk): The Supreme Court of Azad Jammu and Kashmir (AJK) on Sunday reaffirmed the constitutional standing of the 12 Legislative Assembly seats allocated for refugees, ruling that these positions are fully protected under the Interim Constitution and cannot be modified through executive orders or administrative directives.

The case was brought before the court through a presidential reference filed under Article 46-A of the 1974 Interim Constitution, acting on the advice of the AJK government. The reference requested judicial guidance on constitutional questions concerning refugee representation along with other related legal matters.

In its observations, the court underscored that constitutional authority in Azad Jammu and Kashmir remains supreme and cannot be overridden by pressure from public protests or street agitation.

It noted that any unresolved constitutional issues must be addressed within the framework of the elected legislature.

The bench further maintained that any amendment to the Constitution must originate from a legitimate public mandate, followed by structured parliamentary debate and full compliance with constitutional procedures.

It also emphasized that general elections are bound to be conducted within the timeframe set under Article 22(4) and cannot be delayed, suspended, or influenced by political protests or unrest.

The court additionally stated that while citizens retain the fundamental right to peaceful assembly and protest, this right has clear limitations and must not be exercised in a manner that disturbs public order or infringes upon the rights of others.

It highlighted that personal freedoms are subject to reasonable restrictions when they begin to affect the rights and daily lives of the wider public.

The bench further observed that it is the responsibility of the state institutions to maintain law and order and ensure consistent adherence to constitutional principles.

The ruling was issued amid an ongoing wave of protests demanding the abolition of the 12 reserved seats for refugees from Indian Illegally Occupied Jammu and Kashmir (IIOJK), who settled in Pakistan after 1947.

Earlier, an All Parties Conference held at the Prime Minister’s Secretariat in Muzaffarabad had collectively rejected calls for removing these seats, stating that constitutional reforms fall solely within the authority of elected representatives and must be pursued through democratic and legal channels.

Just a day prior to the court’s opinion, the AJK Legislative Assembly also passed a resolution confirming the continuation of the 12 refugee seats.

The resolution described the representation of refugees as both a constitutional requirement and a historical reality, adding that any changes related to electoral structure or political consensus should only be made through proper legislative procedures.