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SC takes up impugned appointment of AJK CJ

* Petition seeks order against appointment of ‘junior judge’ as AJK SC chief justice

By Masood Rehman

ISLAMABAD: The Supreme Court (SC) will resume hearing of a constitutional petition challenging the appointment of Azad Jammu and Kashmir (AJK) SC Chief Justice Riaz Akhtar Chaudhry, today (Tuesday).

A three-member SC bench – consisting of Chief Justice of Pakistan Iftikhar Muhammad Chaudhry, Justice Ijaz Ahmed and Justice Rahmat Hussain Jafferi – will also take up other controversies relating to the judicial set up in AJK.

The petitions were filed by Justice Manzoor Hussain Gillani, Justice Sardar Muhammad Nawaz Khan, Tabassam Sadiq and the Jammu and Kashmir Council for Human Rights under Article 184(3) of the constitution. The federal government has been made a respondent. Acting Attorney General Shah Khawar will appear in court on notice. Senior advocate Muhammad Akram Sheikh will appear for petitioner Justice Manzoor Hussain Gillani.

The first petition, filed by Akram Sheikh on behalf of Justice Gillani, sought an order against the appointment of what he called “a junior judge” as chief justice of the AJK Supreme Court.

The other petition, filed by AJK Acting High Court Chief Justice Muhammad Nawaz Khan, sought his appointment on a permanent basis. Justice Khan has been serving as acting AJK high court chief justice after the elevation of Justice Chaudhry to the AJK Supreme Court in September 2006.

In his petition, Justice Gillani requested the apex court to ask the prime minister to issue a fresh order for his (Justice Gillani’s) appointment as chief justice of the AJK Supreme Court with a direction to the AJK president to act upon the order instantly.

He said the government should also be asked to introduce an amendment to the AJK Interim Constitution Act to deduct from his age of superannuation the period during which he remained deprived of his right to hold the office of AJK chief justice.

He argues that the October 20, 2006, appointment of the incumbent AJK chief justice – who was six years junior to him in the high court and two years in the Supreme Court – had been made by ignoring his (Justice Gillani’s) seniority as settled by the constitution, past conventions and principles laid down by the superior courts of Pakistan.

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