Top judge in Kashmir may face reference: The Dawn, Sept 26

By Tariq Naqash
MUZAFFARABAD, Sept 25: The president of his own faction of Muslim Conference (MC-F) Raja Farooq Haider on Friday announced that his party will convince Prime Minister Sardar Mohammad Yaqoob Khan to file a reference through President Raja Zulqarnain Khan with the Supreme Judicial Council against AJK Supreme Court Chief Justice Reaz Akhtar Chaudhry for alleged breach of constitution.
Talking to journalists, he claimed that Mr Chaudhry had ceased to qualify as judge of the apex court after “committing naked aggression against the constitution.”
Mr Haider, whose faction of MC is the key component of coalition government in AJK, has already demanded of the chairman AJK Council (Prime Minister of Pakistan) to reconstitute the institution of judiciary in the state.
The judges of the superior judiciary in AJK are appointed by the AJK president on the advice of AJK Council headed by the chief executive of Pakistan.
The onslaught against the superior judiciary on part of Mr Haider, it may be recalled, was triggered by Mr Chaudhry’s recent decision in favour of Chaudhry Mohammad Yasin, AJK PM’s unelected adviser with the status of minister, while suspending an interim order of the High Court.
Two AJK ministers from MC-F had challenged the appointment of Mr Yasin as adviser and allocation of the portfolio of local government and rural development to him in the HC.
Mr Haider said he planned to launch a movement for an independent judiciary in AJK and invited lawyers, civil society and media to join it on the pattern of their counterparts in Pakistan.
“The constitution must reign supreme and I seek support from all sections of society regardless of their cast, creed and political faith to uphold its sanctity,” he said.
Reminding the AJK chapter of the People’s Party (PPAJK) of its past statements about the wrong executive decisions about the AJK judiciary by the previous military regime in Islamabad, he asked it to support his move.
Mr Haider also dismissed statements by some pro-CJ lawyers against him and said he would instead welcome a contempt of court notice by the CJ to “illustrate his point in the courtroom.”
To a question, he said the issue of judiciary in AJK could be resolved by Mr Yousuf Raza Gilani (in his capacity as chairman AJK Council) by an executive order like it was done by him to restore independent judiciary in Pakistan.
“We have brought the issue in the notice of Mr Gilani and look forward to his role in this regard at the earliest,” he said. http://www.dawn.com/wps/wcm/connect/dawn-content-library/dawn/the-newspaper/national/top-judge-in-kashmir-may-face-reference-699