Azad Kashmir SC reserves verdict on presidential reference over migrant seats

MUZAFFARABAD: The Supreme Court of Azad Kashmir has reserved its verdict on a presidential reference regarding the constitutional status of migrant reserved seats.

The hearing headed by Chief Justice Raja Saeed Akram was completed before a two-member bench, with Justice Khalid Yousuf Chaudhry also on the bench.

Justice Raza Ali Khan did not participate in the proceedings due to his previous involvement in related cases as a lawyer.

During the hearing, the court received detailed arguments from judicial assistants as well as all parties involved on key constitutional questions raised in the reference.

Senior lawyer Raja Sajad Ahmed Khan argued that under Article 33, the Legislative Assembly has full authority to legislate on the matter. He also noted that assembly members had already expressed their views on the issue during an All Parties Conference.

A judicial assistant, however, submitted that the matter should have been referred to a high-powered committee for further consideration.

The court was also informed about ongoing consultations between a federal committee and the Joint Awami Action Committee.

Barrister Humayun Nawaz, Raja Sadaqat Hussain, and Sardar Abdul Razzaq presented their legal arguments, while former Prime Minister Raja Farooq Haider Khan and MLA Abdul Majid Khan were also present in court.

The bench examined whether the 12 migrant seats could be abolished or altered without a constitutional amendment, along with the scope and limits of the assembly’s constitutional powers.

The court also sought legal views on whether any pressure to delay elections or push for constitutional amendments holds legal validity.

Representatives of various bar associations, including Raja Aftab, Raja Ziaam Iftikhar, and Raja Jahangir Aslam, also appeared before the court, along with former officials and legal experts.

Migrants settled in Azad Kashmir since 1989 demanded the continuation of reserved seats in the assembly.

After hearing arguments from all sides, the division bench reserved its verdict and directed that its constitutional opinion be communicated to the President of Azad Kashmir.

The court is expected to formally share its opinion with the president tomorrow.