MUZAFFARABAD, Dec 18: The Supreme Court of Azad Jammu and Kashmir has suspended the operation of a show-cause notice issued by the High Court whereby commissioner income tax-cum-collector excise and sales tax Muhammad Munir Raja was asked to explain the authority of law under which he was simultaneously holding the two key posts.

The apex court also held that the proceedings in the HC on a writ petition filed by Mohammad Asif Abbasi, additional collector excise and sales tax Mirpur region, shall remain suspended till the final disposition of the case by it.

Mr Abbasi had called into question the AJK Council’s notification issued on June 20, bestowing the charge of two posts on Mr Raja.

On Oct 28, the HC issued a nisi rule in the context of the writ of quo warranto against Mr Raja, besides initiating proceedings on Mr Abbasi’s petition.

However, Mr Raja filed a leave to appeal application in the apex court assailing the HC orders.

His counsel Syed Mujahid Hussain Naqvi contended that according to the distribution of subjects in the AJK’s interim Constitution, the income tax, excise and sales tax department fell within the administrative jurisdiction of the AJK Council and its employees were governed by the Civil Servants Act 1973 of Pakistan and the rules made thereunder.

The prime minister of Pakistan, federal minister and secretary incharge of the AJK Council were the appointing authorities of AJK Council employees and that since the posts under question did not belong to AJK government, the AJK HC did not have any jurisdictional competence to issue the writ of quo warranto against the AJK Council employees, Mr Naqvi argued.

Former AJK assembly speaker Abdul Rashid Abbasi represented Asif Abbasi whereas Omar Raja Kasuri advocate appeared on behalf of the AJK Council.

The leave to appeal application was heard by the full bench of the apex court comprising Chief Justice Muhammad Yunus Surakhvi, Justice Khawaja Mohammad Saeed and Justice Chaudhry Mohammad Taj in Mirpur the other day.

The appeal was granted and its next date of hearing at the court’s principal seat in Muzaffarabad shall be fixed by the SC registrar.