The AJK court opinion on refugee representation delivered by the Azad Jammu and Kashmir Supreme Court has upheld the constitutional protection of 12 reserved refugee seats in the legislative structure of Azad Kashmir.
The court ruled that these seats in the Azad Jammu and Kashmir Legislative Assembly cannot be altered, reduced, or abolished through any administrative decision. It said any change would require a formal constitutional amendment under the established legal process.
The decision came after a presidential reference filed under Article 46-A of the interim Constitution. The court noted that the refugee seats are protected under constitutional provisions and are linked to historical legal frameworks dating back to earlier laws and the 1974 constitutional arrangement.
The court stressed that the AJK court opinion on refugee representation is grounded in constitutional supremacy. It added that any attempt to change such provisions must follow democratic procedures and cannot be achieved through pressure, protests, or extra-legal means.
It further observed that elections must be held within the constitutional timeframe and that political disputes cannot be used as a reason to delay the electoral process. The court emphasized that the state holds responsibility for ensuring elections, maintaining law and order, and protecting democratic continuity.
While recognizing the right to peaceful protest, the court noted that disruptions to public life do not fall under constitutional protection. It also stated that one group’s rights cannot override the rights of others and that public order must remain a priority.
The opinion comes amid ongoing political debate in Muzaffarabad over demands to abolish refugee seats reserved for people who migrated after 1947 from Indian Illegally Occupied Jammu and Kashmir and settled in Pakistan.
Earlier, an All Parties Conference rejected the demand to remove these seats, stating that any constitutional change lies within the authority of elected representatives. The Azad Jammu and Kashmir Legislative Assembly also recently passed a resolution supporting the continuation of the 12 reserved seats, calling them a historical and constitutional reality.