AJK SC puts its foot down on CJ appointment

By Sayed Abid Hussain Shah in The Dawn, Mar 17
MIRPUR: The Azad Jammu & Kashmir Supreme Court, while admitting a writ petition for hearing, on Tuesday issued a stay order, barring the AJK Council (Upper House of the AJK Parliament) and the AJK Council chairman (the Prime Minister of Pakistan) from reopening or reviewing the appointment of AJK Chief Justice Muhammad Riaz Akhter Chaudhry.

The full bench of the apex court, comprising Chief Justice Muhammad Riaz, Justice Khwaja Shahid Ahmed and Justice Muhammad Azam Khan, on a writ petition filed through Advocate Khwaja Muhammad Nasim, restraining the AJK Council and the AJK Council chairman/Prime Minister of Pakistan from issuing any further advice or reviewing or reopening the advice regarding the appointment of the AJK chief justice.

The court also directed the AJK Law Justice and Parliamentary Affairs Department not to issue any notification if any further advice was issued by the AJK Council. The full bench of the AJK Supreme Court also directed the AJK president not to pass any order, issue notification and administer oath to any other person for the office of Chief Justice of the AJK Supreme Court till further orders. “This order is subject to objections from the other side,” the learned court declared in its order.

The court said: “It is a very important case because for the first time the judiciary of Pakistan wants to invoke its jurisdiction in another country. Before this, it never happened. The judiciary of Pakistan in various cases held that the Azad Kashmir is a separate state and the Supreme Court or any high court of Pakistan has no jurisdiction in Azad Kashmir”. “So the petition filed under Article 184 before the Supreme Court of Pakistan is not a petition against an individual but it is a petition against the constitution of AJK, the office of President, legislative Assembly, the AJK Council and the whole nation of Azad Kashmir.”

The court said it was the basic responsibility of all the judges of the AJK state except one who filed petition under Article 184 to hear this case anddecide it because it was not an ordinary case. “It is the question of institutions of state, solidarity of state and the future of generations of this state of Azad Kashmir. Therefore, we the judges of the AJK Supreme Court are hearing this case,” it added.

In its order, the court further said: “Important points of jurisdiction, interpretation of law regarding status of Azad Kashmir and AJK Interim Constitution Act 1974 are involved in this petition, therefore, it is admitted for regular hearing. Notices shall be issued to the respondents to file written statement on or before the next date of hearing”.

AJK Supreme Court Judge Justice Manzoor Hussain Gillani has challenged the appointment of the AJK incumbent chief justice in the Supreme Court of Pakistan. http://www.thenews.com.pk/top_story_detail.asp?Id=27821