By: Zulfiqar Ali (Kashmir Investigation Team)
MUZAFFARABAD: The head of Jammu and Kashmir Human Rights Council-UK (JKCHR UK), Dr. Nazir Gilani, has raised questions over the law passed by the Azad Jammu and Kashmir Assembly, contrary to the High Court’s decision, which empowers the members of the assembly to identify local government and rural development projects.
Nazir Gilani said, “The decision of the Supreme Court is a final and binding directive. The government’s disregard of this decision through the Assembly and making a contradictory law is actually tantamount to undermining the supremacy of the court.”
It may be noted that on April 30, the Azad Kashmir Assembly passed the controversial law “Development Programmes, Local Government and Rural Development Ordinance 2025”.
Under sub-clause (1) of section 8 of the Act, projects can be identified by members of the Legislative Assembly (against development funds for members of the Legislative Assembly in the Annual Development Programme), by elected members of the Local Council (against local council funds or grants provided by the Government to local councillors) under sub-clause (2) and by local population, rural organizations and dignitaries of the area under sub-clause (3).
Under this Act, funds will be allocated in the Annual Development Programme for members of the Legislative Assembly, while the Government will provide local council funds or grants to local councillors at its discretion.
According to a notification issued by the Azad Kashmir Local Government after the passage of this Act, a notification issued by the Secretariat of the Local Government and Rural Development Department of Azad Kashmir stated that Rs 1.69 billion were released to local councillors, while Rs 7.9 million were provided to five municipal corporations.
This means that out of the remaining Rs 3.7 billion for the financial year 2024-2025, Rs 2.6 billion will be spent by the members of the assembly, while only Rs 1.6 billion will be provided as a grant to 3,000 councilors and local bodies.
However, on February 29, 2025, the High Court of Azad Kashmir delivered a landmark judgment, ordering that development funds under the Local Government Act of 1990 will be spent only by elected local government representatives.
The court also declared the manual document, under which the members of the assembly had been spending local government funds for decades, illegal and now this manual has become law.
“This court decision was made keeping in mind the spirit of the law, public representation, and transparency. Any administrative or legislative action that seeks to nullify the court’s decision without any valid reason is against justice and the rule of law,” said Nazir Gilani, head of JKHR-UK.
He said that this new law made by the assembly violates the basic purpose of the Local Government Act 1990, which was originally intended to devolve powers to the lower levels, involve the people, and provide better services. Local representatives are the level of government that is directly connected to the people.
He said that the result of this assembly decision will be severely affected by accountability, participatory democracy and planning according to real needs. At the same time, he said that it will promote misuse of powers.
According to the head of JKHR-UK, this legislative process, contrary to the court’s decision, is not only an attempt to set aside the court’s decision but also has the aspect of contempt of court, and it is a violation of the constitutional obligation that the government respects the court’s decision.
Gilani said, “Both local representatives and members of the assembly are elected by the people. To distinguish between them is a violation of the principle of equality of votes. This will erode the public’s trust in local institutions.”
He said that it is recognized worldwide that local governments should have a formal authority to oversee their public affairs, and that the guidelines of the United Nations, the Commonwealth, and European countries clearly state that local institutions should be empowered to handle an effective part of public affairs.
Nazir Gilani said that the new law passed by the Azad Kashmir Assembly is not only a clear violation of the Supreme Court order but also renders the Local Government Act of 1990 ineffective and undermines democratic principles and the concept of local autonomy. He said, “Local government representatives are directly connected with the people. They have real knowledge of local needs.
Keeping them away from the development process will give rise to a planning that does not include the voice of the people. This will undermine the foundation of democracy.” He said that everything should be done in accordance with the law, and both the government and the people are required to abide by the law.
