MUZAFFARABAD: The Azad Jammu and Kashmir (AJK) High Court on Wednesday took strong exception to what it believed was ‘dilly dallying’ on the part of the AJK government and the legislative assembly in submitting written statements regarding a petition about the appointment of the AJK chief election commissioner.

The petition was filed by two opposition PML-N legislators and a lawyer on Dec 1, 2015. The AJK government, AJK Assembly and AJK Council were included in the line of respondents.

The petition was admitted for regular hearing by a division bench comprising Justice M. Tabassum Aftab Alvi and Justice Azhar Salim Babar the same day, and notices were served to the respondents asking that they file their written statements on Jan 2, 2016, two days before the final hearing.

However, no one other than the AJK Council filed their written statements on Jan 2. Instead, Advocate General Sardar Mansoor Pervez appeared before one of the bench members and sought adjournment to file the written statement, which was granted until Jan 4 – the day before the next hearing date.

On Jan 5, the case was taken up by a larger bench, following inclusion of Justice Chaudhry Jehandad Khan and Justice Mohammad Shiraz Kiani, and a written application from the office of the advocate general was placed before it, seeking another adjournment due to the ‘hospitalisation of Mr Pervez’.

Accepting the application, the bench announced that it would hear the case on Jan 6, after receiving written statements on behalf of the respondents the same morning.

On Wednesday, the courtroom saw unusually high attendance, due to the presence of scores of PPP activists and half a dozen cabinet members.

However, when the bench inquired about the written statement, additional Advocate General Chaudhry Shaukat Aziz contended that since he had only been engaged for the case on Wednesday, he needed time to file the written statement.

Justice Alvi remarked that the case was not being taken seriously. “It’s the significance of this case, about an important constitutional office, that has made the larger bench assemble in winter vacations, but you are not taking it seriously by seeking adjournments day after day,” he said.

Justice Babar said: “If the debate cannot be held (due to the unavailability of a written statement by the government) then [why have these] ministers been brought here today?”

Mr Aziz was asked to submit a written statement by 2:00pm on Jan 7. The court said the final hearing would be held on Jan 8.

The bench declared that in default of submission, the defence of the respondents would be treated as ‘closed’.

Also on Wednesday, AJK Assembly Deputy Speaker Shaheen Kousar Dar and former speaker and ruling PPP AJK leader Chaudhry Anwarul Haq filed two separate applications that they should also be included in the line of respondents and heard.

Raja Mohammad Hanif, the petitioners’ counsel, objected to their plea and claimed that they wanted to delay the final hearing.

Ms Dar and Mr Haq failed to justify to the bench that they too were affected by the petition, and their applications were rejected for being ‘baseless’.

Published in Dawn, January 7th, 2016