AJK apex court issues notices on constitutional reference over refugee seats

By Mir Shujaat Sulehria

MUZAFFARABAD: The Azad Jammu and Kashmir (AJK) Supreme Court on Friday accepted a reference for hearing on the constitutional status of 12 legislative seats reserved for Jammu and Kashmir refugees living in Pakistan.

The move comes amid mounting political tension and ahead of a planned strike by the Jammu Kashmir Joint Awami Action Committee (JKJAAC) demanding the abolition of the seats.

A two-member bench, led by AJK Chief Justice Raja Saeed Akram and including Justice Khalid Yousuf Chaudhry, issued notices to the AJK government, opposition political parties, bar councils, and the general public following a brief initial hearing. The court scheduled the next hearing for Saturday morning.

Constitutional nexus

The AJK government has approached the apex court under Article 46-A of the AJK Interim Constitution, 1974, which allows the government to seek the Supreme Court’s advisory opinion on matters of public and constitutional importance.

The core dispute

The 12 reserved seats are designated for refugees who migrated from Indian Illegally Occupied Jammu and Kashmir and currently reside across various provinces in Pakistan.

Critics argue the setup is prone to political manipulation, while defenders view it as crucial representation.

Protest pressure

The JKJAAC, the group spearheading recent rights protests in the region, has long demanded the abolition of these seats.

Mounting pressure and deadlines

The timing of the judicial intervention is critical. A high-level committee formed by the government of Pakistan had agreed to abolish the refugee seats in October last year, but the decision was never implemented.

With implementation stalled, the JKJAAC recently issued a strike call, threatening a complete regional shutdown on June 9 to force the government’s hand.

In a swift counter-move, the AJK government filed the reference on Thursday, effectively shifting the volatile political dispute into the judicial arena.

The AJK Supreme Court’s decision to expedite the matter by scheduling a follow-up hearing less than 24 hours later underscores the urgency of the situation, as authorities race to defuse a potential law-and-order crisis before Tuesday’s strike deadline.

On the other hand, the AJK Election Commission on Friday issued the schedule for the upcoming general election, confirming that polling will be held on July 27 across the region.

The JKJAAC has made it clear that unless the issue of the 12 seats is resolved, it will consider any election in the region illegal. The group has also hinted at boycotting the general election unless the matter is settled once and for all.

Earlier, political and religious parties in AJK reaffirmed support for holding legislative assembly elections on schedule and called for any constitutional reforms to be pursued through elected institutions.

The meeting, chaired by AJK Prime Minister Faisal Mumtaz Rathore at the Prime Minister’s House in Muzaffarabad, brought together leaders of various political and religious parties to discuss the political situation, constitutional issues and the future electoral process in AJK.

In a joint resolution adopted unanimously, participants reiterated support for the Kashmiri people’s right to self-determination in accordance with United Nations Security Council resolutions and condemned what they described as ongoing human rights violations by Indian forces in Indian Illegally Occupied Jammu and Kashmir.