The Supreme Court of Azad Jammu and Kashmir ruled Sunday that 12 legislative seats reserved for Kashmiri refugees are constitutionally protected and cannot be abolished without a formal amendment. This decision follows a presidential reference regarding the 45-member Legislative Assembly and occurs amid heightened regional tensions, including a violent attack on a military hospital in Rawalakot that left four officers dead and 20 wounded.
Legal Status of Refugee Seats
According to the court’s Sunday ruling, the 12 seats reserved for refugees who migrated from Indian-administered Kashmir are constitutionally protected. The court stated that assembly elections must proceed within their prescribed period and cannot be delayed by protests or constitutional disagreements. Judges maintained that the government lacks the authority to abolish these seats through executive action, a stance Prime Minister Faisal Mumtaz Rathore has consistently held during negotiations with the Joint Awami Action Committee (JAAC). The court further noted that while peaceful protest is a constitutional right, actions that block roads, intimidate others, or disrupt public life do not share that protection.
Escalating Tensions and Security Concerns
The regional government recently banned the JAAC, citing threats to public order. This ban followed weeks of protests and negotiations where, according to Prime Minister Rathore, the government had already accepted 36 of the group’s 38 demands. The two remaining points of contention involve constitutional provisions that the government says can only be altered by the Legislative Assembly. On Saturday, the JAAC alleged that a member was killed by police fire; however, police denied this, stating instead that armed men had fired on officers after being signaled to stop their vehicle. The situation reached a breaking point Sunday when alleged armed members of a banned group stormed a military hospital in Rawalakot, resulting in four deaths and 20 injuries among security forces, according to an official police statement.
What May Happen Next
The region faces a period of significant volatility as next month’s assembly elections approach. With the JAAC planning a protest for Tuesday and having announced intentions to hold further demonstrations to pressure the government, the potential for continued unrest remains high. Following the violence in Rawalakot, the U.S. Embassy in Islamabad has advised citizens to exercise caution ahead of planned protests on June 9. Local authorities have also issued a travel advisory discouraging tourism in the region from June 5 to June 20. Analysts may expect the government to continue utilizing the court’s recent opinion to maintain its position on the refugee seats while attempting to manage the security situation ahead of the upcoming vote.
