By Tariq Naqash in The Dawn, Sept 19
MUZAFFARABAD, Sept 18: The president of the ruling faction of Muslim Conference (MC-F) Raja Farooq Haider on Friday demanded of the chairman Azad Jammu and Kashmir Council (Prime Minister of Pakistan) to dissolve and reconstitute the superior judiciary in AJK which he alleged was overstepping its authority and role.
“The judiciary is supposed to check the other two organs of the state – executive and legislature – and do not trespass into their jurisdiction but unfortunately the situation has been other way round in AJK. Here the judiciary has assumed the role of the other two organs as well,” he said at a press conference here.
The views of Mr Haider were first ever public outburst of anger against the superior judiciary, triggered by the recent decision of the Chief Justice of AJK Supreme Court Justice Reaz Akhtar Chaudhry in favour of Chaudhry Mohammad Yasin, AJK prime minister’s unelected adviser and People’s Party AJK leader.
Mr Yasin was appointed as adviser to AJK PM with the status of minister in March this year. In August he was allocated the portfolio of local government and rural development. Both the notifications were challenged in the High Court by two ministers belonging to MC-F, and on Friday last the HC suspended their operation in its interim order. The HC order was subject to objections by the other side but it was challenged by Mr Yasin’s lawyers before the apex court in Mirpur circuit.
“The chief justice of Supreme Court has committed misconduct by violating sections 12 and 14 of the AJK constitution,” Mr Yasin alleged, and demanded of the AJK president Raja Zulqarnain Khan to refer his case to the Supreme Judicial Council.
The MC-F chief pointed out that while the principal seat of the apex court was in Muzaffarabad, the lawyers of Mr Yasin had travelled all the way to Mirpur to file and appeal there which itself exposed everything.
He further pointed out that Mujahid Hussain Naqvi, one of the lawyers of Mr Yasin, was also the counsel of Mr Chaudhry in the Supreme Court of Pakistan where his appointment had been called into question by Syed Manzoor Hussain Gillani, the senior most judge of the AJK SC.
Interestingly, Justice Chaudhry had only recently restored Mr Naqvi in grade 21 from the date of his dismissal eleven years ago on account of misconduct with full emoluments. http://www.dawn.com/wps/wcm/connect/dawn-content-library/dawn/the-newspaper/national/reconstitution-of-ajk-judiciary-demanded-999
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