Pakistan Kashmir's top court upholds refugee seats and clears the way for upcoming elections

ISLAMABAD (AP) — The top court in Pakistan-administered Kashmir ruled Sunday that 12 legislative seats reserved for Kashmiri refugees living in Pakistan are constitutionally protected and cannot be abolished without a constitutional amendment.

The ruling strengthened the regional government’s position in a dispute that has fueled weeks of protests ahead of next month’s assembly elections.

The Supreme Court of Azad Jammu and Kashmir issued the opinion in response to a presidential reference seeking guidance on constitutional questions surrounding the refugee seats and the upcoming vote for the 45-member Legislative Assembly.

The landmark ruling removes legal uncertainty over the election process, stating that public order cannot be disrupted in the name of protest. It came a day after police arrested dozens of supporters of the Joint Awami Action Committee , or JAAC, a group the regional government recently banned over alleged threats to public order and security.

The group has held violent protests in recent years and said it plans to hold a similar protest next week to pressure the government to accept its demands.

The refugee seats at the center of the dispute are reserved for people who migrated to Pakistan from Indian-administered Kashmir decades ago, with hopes of returning if the long-standing dispute over the region is resolved.

Kashmir is divided between Pakistan and India, both of which claim the Himalayan territory in full and have fought two wars over it since independence from British colonial rule in 1947.

The court ruled that assembly elections must be held within the constitutionally prescribed period and that political disputes, protests or constitutional disagreements cannot be used to delay the vote.

It maintained that the refugee seats enjoy constitutional protection and can only be altered through a constitutional amendment.

The court also endorsed the government view that unresolved constitutional questions should be addressed by the Legislative Assembly. While recognizing peaceful protest as a constitutional right, the judges said actions that disrupt public life, block roads, intimidate others or interfere with constitutional processes do not enjoy legal protection.

The opinion bolsters the government’s argument that it lacks authority to abolish the refugee seats through executive action — a position repeatedly advanced by Prime Minister Faisal Mumtaz Rathore during negotiations with JAAC.

Tensions have escalated between the regional government and the protest movement ahead of a demonstration planned for Tuesday. Authorities banned JAAC earlier this week, accusing it of posing a threat to public order.

Rathore said Saturday the government had accepted 36 of the group’s 38 demands last year after negotiations involving JAAC representatives, regional officials and Pakistan’s federal government. He said the two remaining demands involve constitutional provisions that can only be changed by the Legislative Assembly.

The group alleged Saturday that one of its members was killed when police opened fire. Kashmir police denied the claim, saying armed men had fired overnight on officers after being signaled to stop their vehicle.

Last year, clashes between protesters and security forces killed several people, including police officers.