Appointment of A JK Shariat Court judges challenged
By Our Staff Correspondent
2015-04-29
MUZAFFARABAD: A larger bench of the Azad Jammu and Kashmir (AJK) High Court here on Tuesday issued notices for comments and objections on a petition, seeking nullification of the recent appointment of two judges in the AJK Shariat Court.
The bench, headed by Justice Tabassum M. Aftab Alvi and comprising Justice Chaudhry Jehandad Khan and Justice Azhar Salim Babar, heard preliminary arguments by the petitioners for a few moments on Tuesday, but decided to further proceed on the petition on May 4 after receiving comments and objections from the respondents.
The petition has been filed by advocates Sardar Javed Naz and Sardar Tahir Anwar Khan through Raja Sajjad Ahmed Khan, former vice chairman, AJK Bar Council. It arrays the AJK government, Law Department, Legislative Assembly and Justice Sardar Muhammad Shehzad Khan and Justice Mushtaq Ahmed Janjua (Shariat Court judges under the impugned notification) as respondents.
Referring to last September`s judgment of the AJK Supreme Court on the Shariat Court, the petitioners pointed out that AJK apex court had held in unequivocal terms that in view the status of the Shariat Court with relevance to the scope of jurisdiction, it should be established through an amendment in the Constitution and if amendment in the Constitution was not practicable for the time being then through subordinate legislation with certain features.
The official respondents without endeavouring for the amendment in the Constitution issued an amendment ordinance, which lacl(ed the features expressed by the apex court, and made the impugned appointments thereunder, hours before its expiry, they said.
The court should declare the recommendation and appointment notification of both judges as illegal, nontransparent, without merit, contrary to record, contrary to the concept of independence of judiciary and violative of the judgment of the apex court in at least two cases, they prayed.