AJK SC validates govt's stance on refugee seats, rejecting politics of protests

Azad Jammu and Kashmir Supreme Court’s Opinion on Presidential Reference has validated the government’s stance on refugee seats, rejecting the politics of protests.

According to the Supreme Court’s Opinion, the 12 refugee seats enjoy constitutional protection under Article 22 and cannot be altered through a mere administrative decision, Radio Pakistan reported on Sunday.

It said that any alteration or change to the refugee seats necessitates a constitutional amendment under Article 33.

The court endorsed the government’s decision that the remaining constitutional matters should be entrusted to the elected Assembly.

It also made it clear that constitutional amendments are only possible through a public mandate, parliamentary debate, and proper constitutional procedures.

The apex court further highlighted that under Article 22(4), conducting elections on time is mandatory and protests or political disputes cannot be used as an obstacle against it.

While peaceful protest is a constitutional right, the court said that actions like blocking roads, intimidation, and disrupting daily life do not enjoy constitutional protection.

The apex court noted that the exercise of one individual’s rights cannot become a justification to usurp the rights of other citizens. Consequently, the administration is bound to maintain public peace, constitutional order and the rule of law.

According to experts, the AJK Supreme Court’s opinion has significantly strengthened the legal framework for taking action against those who interfere in elections and state institutions.