Constitutional Uncertainty Deepens Crisis in PaJK

PaJK premier rejects fears of reduced autonomy as UN experts raise concerns over protest deaths and anti-terror laws; former premier challenges withdrawal of security, while overseas Kashmiris intensify solidarity campaigns
Raja Farooq Haider, former Prime Minister of Pakistan administered Jammu & Kashmir.
Raja Farooq Haider, former Prime Minister of Pakistan administered Jammu & Kashmir.Photo/Danish Irshad
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MUZAFFARABAD: Political tensions in Pakistan-administered Jammu and Kashmir have deepened amid growing concerns over proposed constitutional changes, renewed international scrutiny of alleged human rights violations, and continuing protests by the banned Jammu Kashmir Joint Awami Action Committee (JKJAAC).

The developments have also exposed differences within the territory's political establishment, with former Prime Minister Raja Farooq Haider Khan challenging the withdrawal of his police security, while Kashmiri communities abroad have stepped up campaigns in support of the protest movement.

The possibility of a 16th Constitutional Amendment has become a contentious issue, with political activists expressing concern that the proposed changes could affect the powers of AJK's elected institutions and its constitutional relationship with Islamabad.

Prime Minister Barrister Syed Iftikhar Ali Gillani has rejected suggestions that the government intends to reverse powers transferred to AJK under the 13th Constitutional Amendment.

Addressing representatives of the AJK Bar Council and bar associations in Islamabad on October 31, Gillani maintained that the powers secured through the 13th Amendment could not be curtailed.

He also dismissed speculation that the proposed constitutional changes would alter the territory's political status.

In an interview with Kashmir Digital on November 1, the prime minister described the proposed 16th Amendment as part of constitutional evolution. He maintained that any changes would require discussion and approval by the Legislative Assembly.

Gillani also indicated that minimum educational qualifications for assembly candidates could be considered through the constitutional process, while acknowledging the importance of the public's democratic right to elect representatives.

However, the assurances have failed to dispel concerns among sections of the protest movement.

JKJAAC spokesperson Sardar Umar Nazir Kashmiri has linked the ongoing confrontation to broader questions concerning the identity, unity and political future of the former princely state of Jammu and Kashmir.

For the movement, the controversy extends beyond administrative reforms to the distribution of political authority between Muzaffarabad and Islamabad.

The 13th Constitutional Amendment had transferred important financial and administrative powers from the AJK Council to the elected government and Legislative Assembly.

Any attempt to reverse those arrangements could become a major political flashpoint.

No authenticated draft of the proposed 16th Amendment was available in the material reviewed, making it difficult to assess whether the government's assurances address the concerns raised by activists.

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Former Premier's Security Withdrawn

In a separate development, former AJK Prime Minister Raja Farooq Haider Khan has accused the police administration of violating his legal privileges by withdrawing his longstanding security arrangements.

On November 3, Haider submitted a privilege motion to the Legislative Assembly against the Inspector General of Police.

He maintained that Assistant Sub-Inspector Muhammad Saeed, who had served in his security detail for approximately 16 years, was transferred to Rawalakot on October 25 and subsequently suspended.

According to Haider, the decision compromised his personal security and violated the privileges legally available to former prime ministers.

He cited Section 70 of the AJK Ministers' Privileges Act, 1975, which he said entitled former prime ministers to a security detail comprising one ranking officer and four constables.

Haider requested that the matter be taken up during the Assembly session scheduled for November 4.

The controversy comes at a time when police and security institutions are playing an increasingly prominent role in the territory's political affairs.

The available information does not establish whether the Assembly considered the motion or whether Haider's security arrangements were subsequently restored.

UN Experts Report

Meanwhile, a communication attributed to six United Nations human rights mandate holders has attracted renewed attention among Kashmiri activists and civil society organizations.

The communication, identified in local reporting as AL PAK 4/2026 and dated September 2026, reportedly raises serious concerns about the Pakistani authorities' decision to designate JKJAAC as a terrorist organization.

The movement, which has spearheaded protests over economic grievances, political representation and governance, was banned under anti-terrorism legislation following an escalation of demonstrations in June.

According to accounts of the UN communication circulated by local activists, the experts questioned the legal justification for the ban and expressed concern over alleged excessive use of force, civilian deaths, arrests and restrictions on fundamental freedoms.

The communication reportedly refers to allegations that approximately 96 civilian protesters have been killed during the unrest since June.

The figure remains disputed and has not been independently verified.

Another major concern reportedly raised by the experts involves the placement of approximately 205 individuals, including women, on the Fourth Schedule of Pakistan's Anti-Terrorism Act.

Individuals placed on the schedule can face restrictions on movement, financial transactions and other activities.

The UN experts reportedly sought clarification from Pakistan concerning the legal grounds for the restrictions, the treatment of protesters and journalists, and measures taken to investigate deaths and other alleged violations.

They also reportedly raised concerns over communication blackouts and the use of counterterrorism legislation against individuals associated with a movement that had previously engaged in negotiations with the authorities.

The reported intervention has been welcomed by JKJAAC supporters, who have repeatedly called for independent international investigations into the conduct of security forces.

However, the original UN communication and any formal response from Pakistan could not be independently authenticated from the material available for this report.

The allegations and casualty figures attributed to the communication therefore remain subject to verification.

The intervention, if confirmed, would add an important international dimension to a dispute that the authorities have largely treated as a domestic law-and-order matter.

Raja Farooq Haider, former Prime Minister of Pakistan administered Jammu & Kashmir.
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Diaspora intensify solidarity campaign

The continuing confrontation has also generated sustained mobilization among Kashmiri communities abroad, particularly in Britain.

In Bradford, members of the Kashmiri community reportedly organized a solidarity gathering where footage of the continuing Rawalakot sit-in was screened.

Participants paid tribute to protesters and expressed support for demands concerning civil liberties, political rights and accountability for those killed during the unrest.

In Birmingham, Kashmiri activists continued a prolonged protest outside the Pakistani consulate.

According to accounts circulated by campaigners, the demonstration had reached its 149th day around November 4.

Solidarity activities have also been reported or announced in Brussels and Dublin, reflecting efforts to bring the situation before European political institutions and international human rights organizations.

Diaspora activists have sought to highlight the reported civilian deaths, detention of movement leaders, restrictions on political activities and the continuing use of anti-terrorism legislation.

The overseas campaign has increasingly focused on securing independent scrutiny of the security operations and pressing the authorities to address the movement's demands through political dialogue.

The dates and scale of some reported gatherings could not be independently established.

Nevertheless, the sustained activity among overseas Kashmiris indicates that the confrontation is acquiring an international advocacy dimension.

Raja Farooq Haider, former Prime Minister of Pakistan administered Jammu & Kashmir.
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Political Stalemate Continues

Despite the growing controversy, there has been little indication of progress toward a negotiated settlement between the AJK government and JKJAAC.

Prime Minister Gillani has maintained that the government is not negotiating with the banned organization, while the committee continues to demand implementation of its charter and an end to measures it considers politically motivated.

The movement's demands include economic relief, administrative reforms and changes to political representation, particularly the seats reserved in the AJK Legislative Assembly for Kashmiri refugees residing in Pakistan.

The constitutional debate reported UN concerns and continuing diaspora protests have added new dimensions to a confrontation that initially centered largely on economic grievances.

With the government defending its security measures and the protest movement refusing to abandon its demands, the prospects for an immediate political settlement remain uncertain.

The developments also underline a broader question confronting Pakistan-administered Jammu and Kashmir: whether the present crisis can be resolved through political engagement and constitutional safeguards, or whether continued reliance on security measures will deepen the divide between the authorities and sections of the population.

Raja Farooq Haider, former Prime Minister of Pakistan administered Jammu & Kashmir.
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