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POJK Government’s Amendment to Criminal Code Threatens Fundamental Rights and Freedom of Expression

The recent amendment to the Criminal Code Ordinance of 1860 by the government of Pakistan-occupied Jammu and Kashmir (POJK) has dealt a severe blow to the fundamental rights of its citizens. With the introduction of Section 505-C, the authorities have granted themselves sweeping powers to silence dissent and suppress criticism of the government and its officials. This direct attack on freedom of expression marks a significant setback for democracy, betraying the very people the government is meant to serve. Passed unanimously by the POJK Legislative Assembly, the amendment reflects a deep-seated fear of accountability.

Under the guise of “protecting the community,” the amendment expands the definition of “community” to include bureaucrats, public servants, and the political elite, effectively placing them above reproach and beyond the reach of public scrutiny. This cynical move to shield the powerful from rightful criticism demonstrates an authoritarian agenda aimed at silencing opposition.

Legal experts, journalists, and political figures have strongly condemned the amendment. Raja Sajjad Ahmed Khan, President of the POJK Supreme Court Bar Association, described it as an “infringement of fundamental rights and freedom of expression.” He has called for the formation of a high-level committee to challenge the violation of civil liberties in the courts. Tariq Farooq, Secretary General of the POJK chapter of the Pakistan Muslim League Nawaz, also denounced the amendment as “malicious” and a violation of the human right to free expression, urging lawmakers to resist the measure.

The Central Union of Journalists (CUJ) in POJK has taken a firm stand, demanding the repeal of the amendment within 10 days. Should the government fail to act, widespread protests will be staged in a powerful show of resistance from the media community, which views this as a direct attack on their ability to report freely. Former assembly candidate Syed Ismail Hussain Shah condemned the amendment as a “heinous conspiracy to silence journalists,” warning that POJK was becoming a “colonial region where human values are being killed day by day.”

The implications of this draconian measure are far-reaching. By empowering the government to prosecute individuals for criticizing the authorities, the amendment strips citizens of their most basic democratic rights. It directly contradicts the POJK Interim Constitution of 1974, which guarantees freedom of expression. Journalists, vital for holding the government accountable, will face increasing scrutiny and intimidation, while political activists challenging the status quo will be vulnerable to repressive legal action. This law will create a chilling effect, stifling public discourse, curbing the free exchange of ideas, and weakening democratic engagement in the region.

This amendment is part of a broader pattern of authoritarian behavior from the POJK government, which seeks to consolidate power at the expense of the people’s rights. By shielding the political elite and bureaucracy from criticism, the authorities are fostering a climate of fear and self-censorship, where transparency and accountability are sacrificed in favor of political control.

The POJK government’s heavy-handed tactics are reminiscent of a larger trend within Pakistan, where the military-intelligence complex has long repressed political opposition and independent media voices. For decades, Pakistan’s deep state has sought to maintain its grip on power through arbitrary detentions, censorship, and the suppression of free speech. The POJK amendment is merely the latest extension of this repressive mindset, further entrenching authoritarian rule and undermining the region’s fragile democracy.

The people of POJK, and Pakistan more broadly, have suffered under the yoke of deep state-driven authoritarianism for far too long. Their struggle for true democracy and fundamental freedoms will remain an uphill battle unless those in power are held accountable. The recent amendment to Section 505-C is a clear affront to the democratic aspirations of the people and an attempt to erase the rights and freedoms they have long fought for.

Now, more than ever, citizens must demand action. The POJK government must immediately rescind this amendment before the region descends further into repression. If the government does not heed the calls for justice, POJK risks becoming a dystopian reality where free speech is crushed and the foundations of democracy are destroyed.

The people of POJK deserve a government that respects their fundamental rights, upholds the rule of law, and is accountable to those it serves. The amendment to Section 505-C is a betrayal of these principles, and unless it is repealed, the region will continue to spiral into an era of authoritarian rule and suppressed freedoms. The time for the POJK government to act is now—before the very essence of democratic governance is lost to oppression.

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