MUZAFFARABAD: Azad Jammu and Kashmir (AJK) President Sardar Masood Khan on Friday appointed Justice Raja Shiraz Kiani, senior most judge of the AJK High Court, as acting chief justice (CJ) to assume this office after the retirement of Justice Azhar Saleem Babar, also the acting CJ, on March 22.

A notification to this effect was issued by the AJK law department. The authority to appoint permanent CJs in AJK’s superior courts vests in the AJK Council chairman and the prime minister of Pakistan while acting CJs are appointed by the AJK president as a stopgap arrangement.

Justice Babar was appointed as acting CJ on Nov 16, 2019 after the then CJ Justice Tabassam Aftab Alvi was nullified by a High Court bench - of which he was also a member as a referee judge.

However, he could not get an advice in his favour from the AJK Council chairman for his elevation as permanent CJ due to some alleged lacuna in the AJK Constitution created by the 13th amendment of June 2018, even though it was removed by the AJK government on Dec 24 last year through the 14th constitutional amendment.

Last month, the AJK High Court was hit by controversy over the retirement of Justice Babar, who was due to retire on Feb 22, 2021 on attaining the age of superannuation in the light of his date of birth (DoB) printed on in his CNIC and salary slips. However, days before his retirement it transpired that according to his secondary school certificate his DoB was March 23.

It was in the wake of a petition filed by a legal fraternity member in the high court on this issue that the government notified his retirement on March 22. The petition was disposed of by Justice Sadaqat Hussain Raja on Friday reportedly with a direction to the authorities to appoint permanent CJs in AJK’s superior judiciary within one month in addition to filling all vacant posts of judges.

Published in Dawn, March 20th, 2021