MUZAFFARABAD: The legal fraternity in Azad Jammu and Kashmir (AJK) has decided to observe complete strike and boycott of judicial work across the region on Wednesday to express displeasure at the “politically motivated appointments” in the Shariat Court.

The decision was taken by the members of the AJK Bar Council and the presidents of the district and tehsil bar associations at a joint marathon meeting in Kashmir House on Tuesday, where participants deplored in their fiery speeches the recent appointments, hours before the expiry of AJK Shariat Court (Amendment) Ordinance 2014.

The charged participants also criticised the chief justices of supreme and high courts in AJK, maintaining that they had not done “meaningful consultations” for the appointments as enunciated in the AJK

Supreme Court’s own verdict on Shariat Court as well as the famous al-Jihad Trust case verdict by the Supreme Court of Pakistan.

The participants said that while the ordinance was referred back to the Legislative Assembly’s select committee for reconsideration, the government made appointments “to adjust its favourites in the absence of a proper legislation.”

Protest ‘politically motivated appointments’ to Shariat Court

“These are politically motivated appointments and should be withdrawn without further ado,” demanded a resolution adopted on the occasion.

The meeting decided that the executive committee of AJK Bar Council would examine the situation following Wednesday’s strike and devise and announce course of action.

It may be recalled here that the AJK Shariat Court is not a constitutional court but it was established in Under the AJK Shariat Court Act 1993 to hear petitions pertaining to family disputes, murder cases along with all other Islamic penal offences.

Appointment of judges in the Shariat Court was sole prerogative of the government, without any mention of the consultation with the chief justices.

The perks and privileges of Shariat Court judges are equivalent to that of the High Court judges.

However, in September last year the AJK Supreme Court declared section 3 of the Shariat Court Act 1993 ultra vires of the AJK Constitution, and resultantly all appointments of judges made under it were declared void.

As the apex court had, among other things, directed the government to do requisite legislation for composition of the Shariat Court, the government introduced an ordinance in this regard, but could not get it enacted from the legislature.

The amended ordinance expired on the night of March 27, hardly 12 hours after the appointment of three judges, of whom the name of one was omitted after 24 hours.

The other two were administered oath by President Sardar Yaqoob Khan, here on Monday.

Published in Dawn, April 1st, 2015

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