AJK HC Dismisses Writ Petition Challenging Appointment Of 2 AJK SC Judges

MIRPUR (UrduPoint / Pakistan Point News - 17th May, 2022 ) : May 16 (APP):The High Court of Azad Jammu Kashmir dismissed a writ petition, at preliminary hearing, on Monday, challenging the appointment of two permanent judges of the Supreme Court of Azad Jammu Kashmir.

The learned court comprising the AJK High Court Chief Justice Mr. Justice Sadaqat Hussain Raja dismissed the writ petition challenging the appointment of two judges of the apex court of AJK including Mr. Justice Raza Ali Khan and Mr. Justice Khawaja Muhammad Nasim, at the preliminary stage of the hearing of the case held in the AJK State's metropolis.

The petition, challenging the induction of seasoned legal experts including Khawaja Muhammad Nasim and Raza Ali Khan Advocate as judges of the Supreme Court of Azad Jammu Kashmir, was filed a couple of days ago on May 14, 2022 by the only petitioner Barrister Adnan Nawaz Khan, Advocate Supreme Court of Azad Jammu Kashmir on the ground that appointment of both the judges had been made against the AJK constitutional provisions, only single name for each seat, instead of 03 was recommended by the Chief Justice of the Supreme Court of AJK and the President sought the advice of the Chairman of Azad Jammu Kashmir Council � (Prime Minister of Pakistan) without sending any record, as such the advice issued by the Chairman of AJK Council was against the constitutional provisions. It was prayed in the petition that the notification of appointment of the judges was issued on the basis of the said advice, be declared to have been issued against the constitutional provisions and the seats of both of the judges be declared vacant.

It was further prayed that after the cancellation of the notification of appointment of both of the judges, the AJK President shall start the process for appointment of the judges of the apex court of AJK against the stipulated vacant positions.

The learned Chief Justice of the High Court of AJK after hearing the preliminary arguments declared that "there is no provision in the interim constitution � 1974 for furnishing the three Names for one vacant seat of the judge of the Supreme Court of AJK and also in the High Court of AJK". "The argument of the petitioner has no substance and no violation of the constitutional provision is pointed out", the judgment said.

The learned HC of AJK Chief Justice Sadaqat Hussain Raja further observed that the petitioner has not annexed any record with the writ petition and only alleged that from the social media he attained the knowledge that the AJK State President had not sent any record to the Chairman of AJK Council (Prime Minister of Pakistan) for seeking the advice.

The Chief Justice observed that since it was the duty of the petitioner to produce the relevant record and failed to produce the same, the writ can only be issued if there was violation of the constitutional, rule or law. The petitioner failed to point out violation of the constitutional, law or rule.

The petition was dismisses as declaring "It merit dismissal and the same is dismissed in limine".