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| May 22, 2003 | Thursday | Rabi-ul-Awwal 19,1424 |
Documents be filed with affidavit, says AJK CJ
MUZAFFARABAD, May 21: Chief Justice Syed Manzoor Hussain Gillani of the AJK High Court on Wednesday directed the court officials not to accept any comments, written statements or objections on behalf of the government if not accompanied by a duly attested affidavit.
He passed this order after observing that the comments filed on behalf of the AJK government in two cases, namely Amin General Enterprises versus AJK Government etc., were not with a counter affidavit.
The respondents, on a notice to appear before the court with comments, objections and written statements were obliged to file the same which must include an affidavit counter to the affidavit if filed by the petitioner in view of rules 36 and 38 of the AJK High Court Procedure Rules, 1984, the chief justice held.
He pointed out that all questions for determination under rules 31 to 36 were ordinarily decided upon affidavits and documents, and in the absence of a counter affidavit, the affidavit of the petitioner had the credence.
The secretary or the head of department, who is obliged/ordered to file the objections/comments/written statements has to file the counter affidavit if the petitioner has filed an affidavit so that the government department does not suffer for procedural technicality, the chief said. In case, the government was the only respondent, the chief secretary had to swear the affidavit, he added.
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