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January 10, 2007 Wednesday Zilhaj 19, 1427

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Motion seeks discussion on appointment of Kashmir CJ



By Tariq Naqash


MUZAFFARABAD, Jan 9: An opposition lawmaker in the Azad Jammu and Kashmir Legislative Assembly here on Tuesday submitted an adjournment motion, seeking discussion on a recent and what was termed an “out-of-merit” appointment of a judge as chief justice of the AJK Supreme Court.Jammu Kashmir People’s Party (JKPP) president Sardar Khalid Ibrahim Khan, who is an ally of the main opposition People’s Party Azad Kashmir (PPAJK), maintained in his motion that it was for the first time in the AJK's judicial history that the senior-most judge had been ignored and instead a judge elevated to the apex court only a month ago was appointed as chief justice.

"This appointment has been made on the advice of the prime minister of Pakistan in his capacity as chairman of the AJK Council in a blatant violation of merit, justice and the rule of seniority and fitness," Mr Khan said.

The JKPP chief was referring to last October's appointment of Justice Reaz Akhtar Chaudhry as chief justice of the AJK Supreme Court in a move seen by many as a marked departure from the rule of seniority followed in the apex court since its inception in the region in 1975.

Justice Chaudhry superseded Justice Syed Manzoor Hussain Gillani who obtained a six-month leave from the outgoing Chief Justice, in a silent protest against the decision, and is currently out of the country.

"The appointment (of Justice Chaudhry) may not only weaken the apex court which is the last institution to seek redress but also make public lose faith in it," Mr Khan said.

He accused the AJK government of resorting to "extra-constitutional role" in the whole process to weaken and (thus) use the institutions for its designs.

Mr Khan said since the situation had caused apprehensions and concern among the public, it required immediate discussion in the assembly.

As the proceedings progressed, Mr Khan drew the attention of Speaker Shah Ghulam Qadir towards his adjournment motion and sought discussion on it in the house. However, the speaker said since the motion had been submitted late, he would take any decision on it on Wednesday.

Later on, the entire opposition, comprising PPAJK, JKPP, JK PML and MQM, staged a walkout from the house to express solidarity with the journalists who had left the press gallery to protest against the arrest of a Muzaffarabad-based newsman by the Islamabad police.

The opposition lawmakers were also furious over the attitude of Minister for Rehabilitation Sanaullah Qadri who had interrupted PPAJK president Chaudhry Abdul Majeed when he was speaking on a point of order.

Senior Minister Malick Nawaz and Revenue Minister Sardar Naeem went to the opposition chamber and urged the opposition to return to the house but failed to convince them. Later, the senior minister brought Mr Qadri with him who offered regrets following which the opposition lawmakers returned to the house to take part in remaining proceedings of the day.

Meanwhile, AJK Prime Minister Sardar Attique Ahmed Khan also sent Minister for Religious Affairs Hafiz Hamid Raza, the adviser to the prime minister on information and MLA Abdul Majid Khan to hold talks with journalists and bring them back to the press gallery.

The government team said it would play a mediatory role between the newspaper owners and AJK-based journalists in a bid to get their problems addressed.

The house also took up two resolutions moved by Leader of the Opposition Sardar Qamaruz Zaman and ruling party's Ms Mehrun Nisa on European Parliament's draft report on Kashmir, prepared by its rapporteur and vice- chairperson of foreign affairs committee Baroness Emma Nicholson.

Members from both sides decided that a joint resolution would be drafted and adopted in the house on Wednesday.






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