AJK Government Criminalizes Criticism in New Amendment to Azad Kashmir Penal Code

Rawalakot (Azadi Times): The Azad Jammu and Kashmir (AJK) government has passed a controversial amendment to Section 505 of the Penal Code of 1860, making public criticism of government officials a punishable offense.

The amended law targets critiques against the AJK President, Prime Minister, ministers, civil servants, and other government figures, with penalties including a minimum of 7 years in prison.

The amendment was introduced during a recent session of the Legislative Assembly, where the AJK Penal Code (First Amendment) Ordinance 2024 was presented. The Select Committee, comprising senior officials such as Law Minister Mian Waheed, Senior Minister Colonel Waqar Noor, and Minister of Communications Azhar Sadiq, agreed on the proposed changes and submitted the report for approval. The Assembly unanimously passed the ordinance.

According to the Law Minister, the amendment aimed to clarify the definition of “community” in Section 505. Upon reviewing the bill, it was revealed that “community” now encompasses the AJK President, Prime Minister, ministers, government officials, and other key personalities.

As a result, criticism against any government institution or individual is now a criminal offense under the Penal Code. While the offense is classified as bailable, those convicted could face up to 7 years of imprisonment.

Critics, including journalists, civil society members, and lawyers, have condemned the amendment, calling it an attempt to stifle freedom of expression. Many see the law as a response to rising criticism of the government from civil society and the media. Instead of addressing the pending defamation bill, the government has amended the criminal code, which opponents argue is a means of retaliation against dissent.

Journalists, civil society organizations, and legal experts have likened the law to draconian regulations such as the Terrorist and Disruptive Activities (Prevention) Act (TADA) and the Prevention of Terrorism Act (POTA) imposed in Indian-administered Kashmir. They have announced plans to challenge the law in the High Court, labeling it a “black law.”

The controversial amendment has sparked widespread debate, with many fearing that it represents a significant step backward for freedom of speech in Azad Kashmir.

Critics argue that the government’s actions are aimed at silencing dissent at a time when public scrutiny is increasing, while the government maintains that the amendment simply clarifies legal ambiguities. The debate is likely to intensify as civil society prepares to take the matter to court.