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Illegal appointment of 5 judges in Sultanate of Azad Kashmir.
The contempt for constitution on the part of AJK rulers has created & then exacerbated lawlessness, anarchy & chaos.
The only law in AJK is "Might is Right" & some people cynically call it "Farooq Haider law".
One of the examples of the contempt for constitution and abuse of power was seen when five judges were appointed in AJK High Court.
They were appointed without consultation with Chief Justice of Azad Kashmir and Chief Jusice of AJK High Court.
According to the article (43) sub-section (2 A) of the Interim Constitution 1974, A judge of the High Court Shall be appointed by the president on the advice of the Council & after consultation with ---
(a)With the Chief Justice of Azad Jammu and Kashmir , and
(
b Except, where the appointment is that of Chief Justice, with the Chief Justice of High Court.
In sub-section 3 of the article (43) a person shall not be appointed as a judge of the High Court or Advocate General unless-----
(a) He has for a period or period aggragating, not less than ten years, been an advocate or pleader of the High Court of Azad Jammu and Kashmir or High Court in Pakistan.
Provide that the term High Court shall include a High Court or Equivalent Court that existed at any time before the 14th day of August 1947; or
(b)He has for a period of not less than ten years held a judicial office out of which not less than three years shall have been a District or Session Judge.
But judges were appointed without any lawful authority and against the consent provisions of the constitution of 1974.
AJK government brazenly violated the constitution and judges have been appointed merely on the basis of political affiliations and caste for compound interests.
What actually happened
The president did not hold consultation with the Chief Justice of Azad Kashmir and Chief Justice of the High Court on appointment of judges, reveal court documents.
According to court documents, the names of impugned judges justice Raza Ali Khan, justice Muhammad Ejaz Khan, Justice Chaudhary Khalid Yousaf were not recommended for appointment as judges of the High Court
while the names of the Raja Sajjad Ali Khan, Muneer Chaudhry were not nominee of the Chief Justice of Azad Kashmir.
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