MUZAFFARABAD: The Supreme Court of Azad Kashmir has decided to hold a preliminary hearing on the constitutional reference filed by the Azad Jammu and Kashmir government regarding the constitutional and legal future of the 12 seats reserved for refugees in the Legislative Assembly, in view of the exceptional importance of the matter, for a wider consultation.
A bench comprising Chief Justice of Azad Jammu and Kashmir Justice Raja Saeed Akram Khan and Judge Supreme Court Justice Khalid Yousuf Chaudhry heard the reference. During the hearing, Advocate General Azad Kashmir presented the constitutional and legal points raised by the government before the court.
The court held that since the matter is directly related to the constitutional structure of the state, the electoral process, and the representation of refugees of Jammu and Kashmir, it is necessary to seek the views and suggestions of various circles.
The court ordered the issue of notices to the Leader of the House, the Leader of the Opposition, all members of the Legislative Assembly, heads of various political parties, senior lawyers, presidents of the Supreme Court Bar Association and the High Court Bar Association, as well as the public.
The court directed the Advocate General to take immediate steps to ensure the timely delivery of notices to the concerned persons and to submit their written suggestions and opinions to the Registrar of the Supreme Court by 5 pm today.
The court directed that the persons and institutions to whom the notices have been issued should submit their written opinions by the evening or appear in court on June 6 and inform them of their legal position and suggestions. Later, further hearing was adjourned till June 6.
It should be noted that the senior-most judge of the Supreme Court, Mr. Justice Raza Ali Khan, had excused himself from hearing the case, due to which the matter is being heard by a two-member bench.
In the reference filed by the Azad Kashmir government, five basic legal questions related to the constitutional status of the 12 seats reserved for refugees of Jammu and Kashmir and the demands for their abolition or change have been placed before the court.
The reference has inquired whether the reserved seats for refugees enjoy constitutional protection under Articles 22, 33 and 57 of the Constitution of Azad Jammu and Kashmir and whether any change or abolition in them is possible only through a constitutional amendment.
The government has also sought guidance from the court as to whether the demand for the abolition of these seats through public pressure, protests, sit-ins or threats of road blockades can be considered constitutionally legitimate or not.
The reference has also raised the question whether the current Legislative Assembly, which is about to complete its constitutional term, is authorized to make such a fundamental constitutional amendment or whether such a decision should be taken by the newly elected Assembly, which has a fresh public mandate.
The reference further inquires whether an attempt to abolish a constitutional provision through force, pressure or intimidation can be tantamount to subverting the constitutional order and whether such a move can be declared contrary to the state’s accession to Pakistan, the international recognition of the Kashmir issue and UN resolutions.
The government has also sought an opinion from the court in the context of fundamental rights as to whether the freedom of protest and assembly can be used for such demands that are aimed at disrupting elections or making changes outside the constitutional process, or whether such activities will be considered outside the ambit of constitutional protection.
The reference also sought guidance on the constitutional responsibilities of the government and asked the court whether the government is required to reject such demands that are against the procedure laid down in the constitution and whether the government is bound to take all legal steps to hold elections within the constitutional period, establish law and order, and protect state order.
According to the facts stated in the reference, the constitutional term of the Azad Kashmir Legislative Assembly is nearing its end, while general elections are expected in the last week of July 2026.
The government has taken the position that holding elections on time is its constitutional responsibility, and any kind of uncertainty can affect the electoral process.
According to the government, 12 out of 53 seats in the Legislative Assembly are reserved for refugees from occupied Jammu and Kashmir, of which six seats are reserved for the Kashmir Valley, while six seats are reserved for the Jammu region and Mangla Dam victims.
The reference has taken the position that these seats represent more than 2 million refugees and their status is not just an electoral arrangement but a symbol of the political representation of the people of occupied Jammu and Kashmir, the unitary identity of the state of Jammu and Kashmir, and the historical stance regarding the right to self-determination.
The reference has said that the Jammu and Kashmir Joint Public Action Committee has included the demand for the abolition of 12 refugee seats in its 38-point charter of demands.
According to the government, progress has been made on several points of the charter, but this issue is still the most controversial and unresolved.
The government has informed the court that there is a possibility that the election process, business activities, and normal life will be affected due to the announcements of strikes, long marches, and protest movements by the Public Action Committee.
The reference refers to the protest incidents of 2024 and 2025, stating that during this period, roads were closed, business activities were suspended, communication systems were affected and there were incidents of loss of life at some places.
The government has cited Article 33 of the Constitution of Azad Kashmir in support of its position, stating that the Constitution does not provide for any
