By Usman Manzoor in The News, Apr 24
ISLAMABAD: The AJK Supreme Court has set the “historic wrong” committed by its deposed chief justice on Friday when it dismissed a petition against the Supreme Court of Pakistan, declaring AJK a separate country. Because of this very petition, a reference against the AJK deposed CJ Riaz Akhtar Chaudhry was filed and proceedings were initiated against him in the Supreme Judicial Council where he was found guilty of blasphemy, subversion of the constitution and misconduct. The SJC has forwarded its recommendations of removal of AJK deposed CJ to the prime minister of Pakistan and a nod of Gilani is still awaited which is binding on him. Sources say Gilani has been advised by three influential political gamers to violate the AJK constitution. The AJK SC also mentioned that the writ petition admitted by AJK’s deposed CJ was based on presupposed, hypothetical and misconceived apprehended order to be passed by the SC of Pakistan. The court also went tough on Mujahid Naqvi, the lawyer who was first benefited by the AJK CJ while going out of the way and latter becoming the mouthpiece of the deposed CJ and referred his case to the AJK Bar Council. The judgment of AJK SC says: “It is unheard in the judicial history of the world that the Court of one country or part of a country passes an order against the court of another country or another court of the same country. Azad Kashmir Supreme Court is final appellate court for Azad Kashmir territory, while the Supreme Court of Pakistan is the apex court of the country, although it is not appellate court for Azad Jammu and Kashmir, but the pronouncements of the Supreme Court of Pakistan have binding effect upon Azad Jammu and Kashmir. “As far as the ground that Azad Kashmir is a foreign territory for Pakistan or ‘another country’ is concerned, it is equally misconceived, malicious and seditious in nature. Azad Kashmir, of course, is not a province of Pakistan, nor a part of Federation of Pakistan under Article 1(2) & (3) of the Constitution of Pakistan, but is a liberated part of the disputed State of Jammu and Kashmir; otherwise, in the control of Pakistan under the United Nations and UNCIP Resolutions. All the sovereign powers of a State in relation to AJK are directly vested in the Government of Pakistan.” http://www.thenews.com.pk/top_story_detail.asp?Id=28480
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