AJK Supreme court verdict; nullifies appointments of 5 High Court judges, July 17, 2020
ISLAMABAD-MIRPUR (AJK):Supreme Court of Azad Jammu & Kashmir on Friday removed the services of recently-appointed five judges of AJK High Court and said their appointments being violation of the provisions of the Interim Constitution of Azad Jammu Kashmir 1974, declaring the appointments ultra vires the Constitution of the State and without lawful authority.
The Supreme Court of Azad Jammu Kashmir comprising acting Chief Justice Raja Saeed Akram Khan and Justice Ghulam Mustafa Mughal declared the appointments of five judges of the AJK High Court against the provision of the article 43 of AJK Interim constitution 1974.
The court also declared in its verdict announced in the State’s metropolis on Friday that the appointment was made without proper consultation.
The removed judges including Justice Raza Ali Khan, Justice Raja Sajaad Ahmed Khan, Justice Sardar Muhammad Ejaz, Justice Choudhry Khalid Yousaf and Justice Ch. Muhammad Munir had been appointed as judges of the AJK High Court by the President of Azad Jammu Kashmir on the advise of the AJK Council vide the notification No. LD/AD/711-30/2018, dated 21.05.2018.
The learned Supreme Court of AJK further declared that the consultation for appointment of the aforesaid five judges of the AJK High Court by the President of Azad Jammu Kashmir, both the chief justice of the AJK Supreme Court and the AJK High Court, was not in accordance with law laid down by the apex court of AJK in Muhammad Younis Tahir case and thus, was violative of article 43 of the AJK Interim constitution and set aside the appointments by accepting the appeal.
The appointments of all of the aforesaid judges of AJK High Court were challenged by through separate writ petitions by a number of practicing lawyers from Azad Jammu Kashmir.