JKJAAC Demands Legal Explanation Over Demolition of Property Belonging to Khawaja Mehran Arshad’s Father
JKJAAC has demanded a full legal explanation from the administration over the demolition of a dera/guest house belonging to the father of Khawaja Mehran Arshad. The Committee has also raised concerns over trees reportedly cut during the operation and a horse injured, calling on the authorities to disclose the demolition order, legal authority, prior notice and any court direction, and to explain how the action complies with property and due-process protections under the Azad Jammu and Kashmir Interim Constitution, 1974.
9/30/20263 min read
A spokesperson for the Jammu Kashmir Joint Awami Action Committee (JKJAAC) has expressed serious concern over the reported demolition by the administration of a dera/guest house belonging to the father of Khawaja Mehran Arshad, which had reportedly been standing for approximately a decade.
During the operation, trees on the property were also reportedly cut down, while a horse was allegedly injured. These additional consequences make it even more important for the administration to disclose the legal authority, written orders and operational instructions under which the action was carried out.
The spokesperson called upon the authorities to publicly disclose the precise legal basis, written order and statutory authority for the demolition and associated action on the property.
“If a notice was issued to the owner, it should be produced. If the administration alleges that the land or construction was unlawful, the relevant official record should be made public. If a written demolition order exists, the administration should disclose who issued it, under which provision of law, and precisely what that order authorised.”
Constitutional Protection of Property and Due Process
The JKJAAC spokesperson noted that the Azad Jammu and Kashmir Interim Constitution, 1974 provides constitutional protection for property and due process.
Under Article 4, Fundamental Right No. 13, State Subjects have the right to acquire, hold and dispose of property, subject to reasonable restrictions imposed by law in the public interest.
More importantly, Fundamental Right No. 14(1) provides:
“No person shall be deprived of his property save in accordance with law.”
The Constitution further provides under Fundamental Right No. 15 that all State Subjects are equal before the law and entitled to equal protection of the law.
Under Fundamental Right No. 19, a person is entitled to a fair trial and due process in the determination of civil rights and obligations.
These constitutional safeguards require the administration to identify the lawful authority on which such a serious interference with private property was based.
Fourth Schedule Cannot Replace a Lawful Basis for Action Against Another Person’s Property
The spokesperson said that if the demolition was connected in any way with the placement of Khawaja Mehran Arshad on the Fourth Schedule, the administration must explain what provision of law authorised action against property belonging to his father.
“The Fourth Schedule status of one individual cannot, by itself, provide a lawful basis for demolishing, damaging or otherwise interfering with property belonging to another person.”
The spokesperson stressed that legal responsibility must be individual and that measures affecting relatives or their property require their own lawful and evidential basis.
“If there was an independent violation relating to the land or construction, the administration should disclose it. If there was none, then serious questions arise as to whether punitive action against one individual was effectively extended to his family.”
Trees Cut and Horse Reportedly Injured
The spokesperson also called for an explanation regarding the cutting of trees on the property and the reported injury to a horse during the operation.
“The administration must explain whether the demolition order, if one existed, also authorised the cutting of trees and what safeguards were put in place to prevent unnecessary damage to property, animals and the surrounding area.”
“If an animal was injured during an official operation, the circumstances must be documented. The administration should clarify whether the incident was recorded, whether veterinary assistance was provided and whether any inquiry has been initiated.”
The treatment of animals, trees and other property during an enforcement operation cannot simply be treated as irrelevant collateral damage. Public authorities remain responsible for ensuring that any use of state power is lawful, proportionate and properly supervised.
Administration Must Answer Basic Questions
JKJAAC has called upon the administration to answer publicly:
Under which specific law and legal provision was the dera demolished?
Was the owner served with prior written notice?
Was the owner given an opportunity to respond or challenge the proposed demolition?
Was a written demolition order issued, and by whom?
Was there any court order authorising the action?
What alleged violation concerning the land or construction formed the basis of the demolition?
What legal authority permitted the cutting of trees on the property?
How many trees were cut and was any official record or assessment made?
Was a horse injured during the operation, and if so, what caused the injury?
Was veterinary treatment provided or offered?
Who was the officer in charge of the operation?
If the demolition was connected with measures against Khawaja Mehran Arshad, what legal provision authorised action against property belonging to his father?
The spokesperson added:
“If the administration acted lawfully, it should have no difficulty producing the notice, demolition order, statutory authority and operational record. Silence cannot substitute for legal justification.”
The spokesperson said that public officials remain bound by the Constitution and the law when exercising coercive powers.
“Official position does not place any authority above the law. The Interim Constitution protects property, equality before law and due process. Every administrative action affecting fundamental rights must therefore be capable of being justified by identifiable legal authority and proper procedure.”
JKJAAC calls upon the administration to immediately publish the legal record relating to the operation, explain the cutting of trees and the reported injury to the horse, and clarify whether the property owner was afforded notice and due process before the action was taken.
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