MUZAFFARABAD: The Azad Jammu and Kashmir (AJK) government has finally reconstituted the AJK Public Service Commission (PSC) by appointing its chairman along with eight of the nine members.

However, the main opposition party, Pakistan Muslim League-Nawaz (PML-N), has rejected the reconstitution, alleging that the appointments were made in the same way as had previously been carried out.

Earlier, the AJK Supreme Court in February had upheld an earlier judgment of the AJK High Court, stating that the appointment of the AJK PSC chairman and its nine members were made after amending the AJK PSC Ordinance in 2012. This, the court had said, was ultra-vires the interim constitution and the original AJK PSC Act 1986.

PML-N has opposed the move, alleging that the appointment has been made unlawfully

The appointments, under a repeatedly promulgated ordinance, were challenged by PML-N AJK President Raja Farooq Haider, who is also the leader of opposition in the AJK Assembly, through the AJK Bar Council’s former vice-chairman, Raja Sajjad Ahmed.

Both the courts had directed the government to bring suitable amendments to the PSC Act 186, laying down pre-requisites for membership that were at par with the Federal PSC and Punjab PSC.

It, however, took the government almost four months to enact an amended law, which was in line with the directions of the superior court, and another two months to make appointments of the members and the chairman.

According to the amended law, the PSC members include four retired AJK officers in grade-20 or above; two educationists, to be appointed from amongst the retired officers of grade-20 or above; one retired judge of superior judiciary or a retired district and sessions judge in grade-21; one woman, possessing PhD or a masters degree with 20 years of relevant experience in public or private sector; one technocrat and one retired army officer, not below the rank of a colonel.

Their terms are to last for three years, which cannot be extended. The chairman has to take oath of the office from AJK president and then administer the same to the members.

According to an official notification, retired Justice Khawaja Shahad Ahmed, a former AJK Supreme Court chief justice, was appointed as PSC chairman. The members include retire bureaucrats Khawaja Mohammad Saleem Bismil, Mohammad Saeed Mughal, Manzoor Ahmed Kiani, Chaudhry Ghulam Mustafa; technocrat Advocate Khurshid Ahmed Rathore; educationists Prof Dr Aslam Zafar and Kabir Chughtai; and Prof Rafia Shireen. Three of them – Mr Mustafa, Mr Rathore and Mr Zafar - were also members in the dissolved PSC. So far, the quota of the retired army officer has not been filled.

The PML-N was, however, disappointed with most of the new appointments, alleging that they were made with sheer disregard to an understanding between the government and the opposition over this issue.

Interestingly, the PML-N top leadership had also helped the AJK government unanimously pass the current year’s budget on the premise that Prime Minister Chaudhry Abdul Majeed had accepted almost all of the opposing party’s demands, including transparency and impartiality in appointment of PSC members.

“It’s very unfortunate that the government has backed out of its commitment by constituting a PSC which is no different than the previous one. In fact we have been ditched,” Mr Haider told Dawn.

“They have done it under the cover of reconciliation in Pakistan, but we will resist and challenge it at legal and public fronts,” he said.

Mr Haider maintained that while the PSC members should carry an impression that they cannot be approached or influenced by anyone.

He went on to declare that the PSC, constituted by the present government, was merely a “rubber-stamp”. He asked Mr Bismil to pull out of the setup “to preserve his goodwill”.

Mr Bismil, it may be mentioned here, was regarded as an upright and insightful bureaucrat. He had topped the National Defence University course in 2006-07, participated by 75 officers from 16 countries.

His name was reportedly included in the panel by Chief Secretary Khizar Hayat Gondal.

Mr Haider alleged that most of the nominees were approved by Chaudhry Riaz, a non-Kashmiri adviser to the AJK prime minister, who calls the shots in AJK on behalf of MNA Faryal Talpur.

A source in PSC told Dawn that the new chairman would take oath after the return of President Sardar Yaqoob Khan from a brief foreign tour.

Published in Dawn, August 18th, 2014