By By Usman Manzoor
ISLAMABAD: The president of Azad Jammu and Kashmir had to face utter embarrassment when the Supreme Judicial Council of the AJK struck down his letter of restoring the deposed chief justice Supreme Court, who was made dysfunctional after a reference was filed against him by the acting president in the SJC.
Meanwhile, talking to The News, AJK Prime Minister Raja Farooq Haider condemned the move of the AJK president, saying the president could not issue any notification or order of restoration of the CJ AJK SC without his advice and what the president had done was a grave violation of the Constitution.
AJK CJ Riaz Akhtar Chaudhry was made dysfunctional by the SJC after a reference was filed against him by the acting president of AJK on the advice of the AJK premier. President Zulqarnain issued a letter of restoration of the CJ which was struck down by the SJC on Monday.
The SJC in its order said: “The letter in hand is not based on any advice as contemplated by section 7 of the AJK Interim Constitution Act, 1974, hence is not worth consideration, as the president in performance of his functions has to act on and in accordance with the advice of the prime minister and that advice shall be binding on him”.
“The letter being otherwise un-constitutional, operation of it is suspended, as the points taken up in the letter may be raised during the hearing of the reference, which will be attended and decided at appropriate time.”
The judges of AJK judiciary also intimated the president of serious consequences saying: “We could have taken serious notice of this inference in the functioning of the Supreme Judicial Council but refrained to uphold the good order of the state and state functionaries”.
The prime minister of AJK argued that he had sent the reference against the chief justice at a time when state organs were being used for personal gains and it had become inevitable to file a reference. He said that the condition of judiciary was condemnable therefore while acting as the head of executive he had no other option. “I am answerable before Allah and people of AJK, therefore, I could not see gross violation of the constitution before my eyes and keep a mum,” Haider told The News.
He mentioned that if the SJC found no substance in the reference it would restore Justice Riaz Akhtar Chaudhry otherwise the CJ will have to go home. He said the president’s act of restoring the deposed CJ was unconstitutional and condemnable. “He should not have done so without my advice which is binding on him,” Haider remarked.
Talking about the reference, Raja Farooq Haider said he had mentioned the unconstitutional acts of the chief justice and did not touch his personal gains and misconduct. “If I start counting Justice Riaz’s personal gains it could take dozens of pages,” said the PM adding: “I will accept the decision of SJC and not of president AJK”. He said that he has the support of his party over the judiciary issue. His stance was endorsed by Ch Muhammad Ismael, Minister for Rehabilitation and Civil Defence AJK, he added.
The AJK CJ, like Justice (retd) Dogar, had got the marks of his daughter increased while influencing the Mirpur education board. He also got his third division graduate son appointed as assistant food controller after changing the rules overnight.
The AJK government has levelled allegations against the CJ, including blasphemy, personal gains by using his office and acting beyond jurisdiction of the SC, bringing it in direct conflict with the Supreme Court of Pakistan.
[The News]
Posted on 07 Apr 2010 by
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