By Usman Manzoor in The News, Apr 16
ISLAMABAD: The Supreme Judicial Council (SJC) of Azad Jammu and Kashmir has unanimously recommended removal of deposed chief justice of AJK Riaz Akhtar Chaudhry on the charge of blasphemy, transgression of powers and subversion of the constitution.
The 86-page recommendations of the AJK SJC, a copy of which is available with The News, clearly state that the deposed CJ violated the constitution, committed blasphemy and was found guilty of gross misconduct.
These recommendations have been sent to the AJK Council chairman who happens to be the prime minister of Pakistan. According to the AJK interim constitution, the recommendations of the AJK SJC are binding on the AJK Council chairman.
The recommendations of AJK SJC state: “Taking it into account all the findings on facts, CJ. Well placed sources told The News that some ‘lent officers’ who had worked in the AJK have been approached by political gamers to get the process delayed as close relatives of those officers are at important posts in Islamabad these days.
The recommendations of AJK SJC state: “Taking it into account all the findings on facts, we are constrained to come to the unanimous conclusion that the respondent has transgressed and subverted the Constitution by usurping and exercising the jurisdiction not vested in him as Chief justice and Judge of the Supreme Court and violated the oath of judge which implies complete submission to the Constitution and under the Constitution to the law, he persistently violated the Constitution and the law against the rule of law by not abiding the law.
“He manoeuvred the petition for his own interest through the lawyers who are obliged by him through the favourable court orders for them and their kiths for his personal advantage and seditiously subverted the Constitution by holding Azad Jammu and Kashmir as “another country”, thereby compromising the integrity of institution of justice. He has also distorted Quran by misquoting the verse of Holy Quran, thereby impairing and destroying the reverence, respect and confidence due to the Holy Prophets, amounting to blasphemy.
“We have, therefore, come to the conclusion that his further retention in the office is against the interest of the institution and undesirable. It is, therefore, recommended to the Chairman of the Council to advice the President to remove the respondent from office in the terms of Sub Sec 6 of Sec 42-E of the Constitution.”
The reference filed by the AJK president included seven charges of misconduct, subversion of constitution and blasphemy and all the seven were proved before the SJC. The members of the judicial council agreed that the deposed chief justice has withdrawn the writ petition filed against him from the AJK high court and kept it with himself, which was gross misconduct on his part.
While discussing the blasphemy issue, the SJC report states that the deposed chief justice quoted incomplete version of verse No 78 and 79 of Surat Al-Ambia in support of his assertions to give benefit to one Mujahid Naqvi and omitted a few words of Quran as well. Moreover, the chief justice attributed the word ‘Wrongdoings’ to the holy prophets to do favour to Mujahid Naqvi and the SJC is of the view after hearing the religious scholars that it was severe blasphemy of prophets of God.
The issue of jacked-up marks of AJK CJ’s daughter and illegal appointment of his son also came before the SJC but after hearing the views and checking the record it stated that the referring authority (AJK president) has not mentioned these charges, therefore, the council will not include it in the final reconditions. Sources in the AJK say that there is no precedent that the AJK Council chairman/ Prime Minister of Pakistan has delayed or refused to accept the recommendations of AJK SJC.
Reference won’t be taken back: AJK PM
MUZAFFARABAD – Raja Farooq Haider Prime Minister Azad Kashmir has said that the reference filed by him against dysfunctional Chief Justice Riaz Akhtar Chaudhry in Supreme Judicial Council could be withdrawn only on his dead body.
Addressing a reception of lawyers and political workers here, Farooq said that he would abide only by the action taken under the Law and the Constitution.
He said he is determined to establish the authority of Law and Constitution in Azad Kashmir and would go to any length to wipe out corruption and malpractices.
Meanwile, Nawaz Sharif and Sardar Sikandar Hayat talked to Raja Farooq Haider on telephone and assured him their support in his efforts to establish the rule of law and abiding by the judgement of Supreme Judicial Council.
He asserted that he had filed the reference against Riaz Akhtar by acting in line with the Constitution. He regretted that some people are politicising this constitutional issue. He claimed to be the custodian of Constitution and the rights of the people.
www.thenews.com.pk/top_story_detail.asp?Id=28339
www.nation.com.pk/pakistan-news-newspaper-daily-english-online//Politics/16-Apr-2010/Reference-wont-be-taken-back-AJK-PM
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