SC wants early resolution of AJK judiciary issue

By Nasir Iqbal in the dawn, Mar 16
ISLAMABAD, March 15: The Supreme Court asked Attorney General Anwar Mansoor on Monday to request Prime Minister Yousuf Raza Gilani, who is also Chairman of the AJK Council, to settle at the earliest a pending representation of Justice Syed Manzoor Hussain Gillani regarding his appointment as AJK chief justice.

A three-judge bench comprising Chief Justice Iftikhar Muhammad Chaudhry, Justice Chaudhry Ijaz Ahmed and Justice Khalilur Rehman Ramday is hearing identical petitions also moved by Justice Manzoor Gillani, a judge of the AJK Supreme Court, seeking an order for approval by the prime minister a summary for his appointment as AJK chief justice.

Recalling a representation filed by Justice Gillani after being aggrieved by a Nov 21, 2006, notification in which he had been ignored and junior judge Riaz Akhtar Chaudhry had been appointed as the Chief Justice of the AJK Supreme Court, the bench adjourned the proceedings to allow the AG to approach the AJK council chairman for disposal of the representation and informed the court about the outcome on March 17.

Deputy Attorney General Shah Khawar requested the court to decide the matter on merit because he had no clear instructions from the government on the issue.

He said that recommendations for Justice Riaz Chaudhry had been made on Nov 19, 2006, while the council chairman had issued the advice of his appointment on Nov 20 and a notification about it had been issued the following day.

Advocate Akram Sheikh, the counsel for Justice Gillani, argued that a proposal for appointment of his client as chief justice of the AJK Supreme Court, being the senior-most judge, had been made by the council, but he was superseded by a junior judge. He said that the council chairman could not act on his own because it was binding on him to send the advice under the recommendations of the council.

Omar Mehmood Qasuri, representing the council chairman, said that appointment of the AJK chief justice had been exercised by the executive as per practice and the notification about appointment had no backing from executive members.

“With due respect whosoever has done this, there seems to be no application of mind,” the chief justice observed and said there was a difference between functions of the chairman and members of the AJK Council. http://www.dawn.com/wps/wcm/connect/dawn-content-library/dawn/the-newspaper/front-page/sc-wants-early-resolution-of-ajk-judiciary-issue-630