By 
21-11-24
Zara Ahmed
Pakistan Researcher,
Global Human Rights Defence.
Mass protests and shutter-down strikes in Pakistan-administered Kashmir against the controversial ‘Peaceful Assembly and Public Order Presidential Ordinance’ compelled the government to repeal the law, which restricted public demonstrations without prior permission.
The Jammu and Kashmir Joint Action and Coordination Committee (JKJAAC) demanded the revocation of the ordinance and the unconditional release of 14 detained activists. The Kashmir Valley, situated in the Himalayan region, remains a strategic bone of contention between South Asian rivals India and Pakistan. This dispute has led to multiple wars since both countries gained independence from British colonial rule in 1947. While India and Pakistan administer separate portions of the region and accuse each other of unlawful occupation, the question of Kashmir’s independence remains one of the longest-standing unresolved issues on the United Nations Security Council’s agenda.
What was the Ordinance?
The ‘Peaceful Assembly and Public Order Ordinance’ was introduced in Pakistan-administered Kashmir on November 1st, 2024. It required individuals or groups to obtain permission from the Deputy Commissioner at least one week prior to any protest or public gathering. Additionally, the ordinance banned protests organised by unregistered parties or organisations.
This ordinance was challenged in the Azad Jammu and Kashmir (AJK) High Court by the Central Bar Association Muzaffarabad and three members of the AJK Bar Council. After the High Court rejected their petitions, the petitioners filed an appeal in the Supreme Court of AJK, seeking to nullify the High Court’s decision. The Supreme Court of AJK suspended the implementation of the ordinance and allowed two appeals against the High Court’s verdict. Meanwhile, the Public Action Committee announced that protests would continue until the law was fully repealed.
Rift between the government and political organisations
Last year in May, protests erupted in Pakistan-administered Kashmir over issues such as rising flour and electricity prices. During these protests, at least three people were killed in clashes with Pakistani paramilitary forces in Muzaffarabad. The Pakistani government eventually accepted the protesters’ demands and decided to maintain subsidies on flour and electricity. However, traders’ organisations alleged that the government intended to increase flour and electricity prices again and introduced the ordinance to suppress potential dissent. The ordinance’s implementation triggered widespread demonstrations, spearheaded by a coalition of multiple Kashmiri nationalist parties.
In response, the government began filing cases against protesters. According to Haris Qadeer, a spokesperson for the alliance, 13 cases were registered under the ordinance, naming at least 300 political activists. Most of those named belonged to factions of the Jammu and Kashmir Liberation Front. Two journalists were also implicated in these cases.
The alliance reported that at least 17 individuals were arrested in various districts, including Kotli, Rawalakot, and Muzaffarabad. Shaukat Nawaz Mir, a local political leader, criticised the ordinance for violating fundamental rights to freedom of expression and assembly, describing it as an attempt to suppress a popular movement in the region that has persisted for nearly two years.
Government repeals the Ordinance
After four days of intense protests, the AJK government withdrew the Presidential Ordinance on December 9th, 2024. Following the issuance of the government notification, the Public Action Committee ended the strike.
President Barrister Sultan Mahmood directed Prime Minister Chaudhry Anwarul Haq to take immediate action to repeal the ordinance. The JKJAAC announced that the government had also committed to implementing a 12-point charter of demands within 90 days.
Sources and further reading:
Mugha, Jalaluddin. Why are there shutter-down and wheel-jam strikes in Pakistan-administered Kashmir? VOA (Urdu). December 6, 2024. https://www.urduvoa.com/a/protest-in-pakistan-administered-kashmir-06dec2024/7889435.html Accessed December 11, 2024.
Hussain, Abid. Pakistan-administered Kashmir repeals protest restrictions after strike. Al Jazeera. December 9, 2024. https://www.aljazeera.com/news/2024/12/9/pakistan-administered-kashmir-repeals-protest-restrictions-after-strike Accessed December 11, 2024.
Naqash Tariq. AJK SC suspends controversial protest ordinance. Dawn. December 4, 2024. https://www.dawn.com/news/1876518 Accessed December 11, 2024.
Naqash, Tariq. Muzaffarabad grinds to halt as police, protesters clash. Dawn. May 11, 2024.https://www.dawn.com/news/1832732/muzaffarabad-grinds-to-halt-as-police-protesters-clash Accessed December 11, 2024.
Naqash, Tariq. Protesters call off march in AJK after demands met. Dawn. May 14, 2024. https://www.dawn.com/news/1833463 Accessed December 11, 2024.
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