MUZAFFARABAD, Aug 15: Azad Jammu Kashmir (AJK) High Court here on Wednesday admitted for regular hearing a writ petition seeking annulment of the transfer of AJK’s former Accountant General (AG) Tahir Mahmud as well as probe into the alleged financial corruption in the AJK Council.
The petition was filed in the second week of July by Raja Akhtar Hussain and Raja Mumtaz Khan, president and secretary general, respectively, of the AJK Pensioners Association under section 44 of the AJK’s Interim Constitution Act 1974 through their counsel Yaqoob Mughal.
The court had sought pre-admission comments from the AG of Pakistan, who also happens to be the AG of Azad Kashmir, federal ministry of Kashmir affairs, AJK Council, AJK government and the AJK Ehtesab Bureau on the petition.
However, except for the AJK Ehtesab Bureau, none had filed comments on previous two dates.
On Wednesday, the Council submitted its comments through Mansoor Pervez Advocate, maintaining that the AJK High Court had no jurisdiction to issue the writ as prayed by the petitioners.
Chief Justice Ghulam Mustafa Mughal observed that prima facie court did enjoy jurisdiction, but if it was proved otherwise by the respondents, this point would also be decided at the stage of final adjudication.
He held that the petition was being accepted for regular hearing because the points agitated in it merited deep appreciation by this court.
The CJ directed that all respondents should submit their written statements and affidavits by the next date of hearing, which would be fixed by the registry on Thursday.
It may be recalled that the petitioners have prayed for declaration of June 20, 2012 order of the AGP regarding transfer of AJK’s AG Tahir Mahmud as “violation of relevant law, rules, procedure and practice, based on mala-fide and outcome of misuse of power.” The June 20 order was endorsed by the federal ministry of Kashmir affairs, after a week though with retrospective effect allegedly under the pressure of elements being accused of benefiting from alleged corruption in the AJK Council.
Mr Mahmud had sent two references to the AJK Ehtesab Bureau about huge corruption and financial irregularities in the AJK Council. The petitioners have also prayed that the Ehtesab Bureau should be directed to probe into the allegations of misappropriation of funds in Council officials, followed by trial of culpable officials in the relevant courts of law.http://dawn.com/2012/08/16/ajk-courts-jurisdiction-questioned-2/
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