MUZAFFARABAD:Contrary to widespread expectations, senior puisne judge of the Azad Jammu and Kashmir (AJK) High Court, Justice Sardar Liaqat Hussain, took oath as acting chief justice on Monday.

The oath-taking ceremony was held at Kashmir House in Islamabad, a venue frequently used for official functions for the convenience of AJK’s ruling elite.

AJK President Barrister Sultan Mahmood administered the oath, while Prime Minister Chaudhry Anwarul Haq was also in attendance.

Under the AJK Constitution, the President is empowered to appoint an acting Chief Justice. However, the appointment of a permanent Chief Justice requires the advice of the Chairman of the AJK Council — the Prime Minister of Pakistan — which is then forwarded to the President, and subsequently to the Law, Justice and Parliamentary Affairs Department for formal notification.

Following reports on Thursday that the Prime Minister of Pakistan had issued the required advice for Justice Hussain’s appointment as permanent Chief Justice, it was widely expected that the Law Department’s notification would be issued ahead of Monday’s ceremony, which had already been scheduled for his swearing-in.

However, the notification was not issued, and Justice Hussain took oath only as acting Chief Justice.

When contacted, a spokesperson for the AJK President said that no advice had been received from the Prime Minister’s Office in Islamabad.

Meanwhile, AJK’s legal fraternity expressed serious concerns over the delay, despite the reported approval by the Prime Minister. They urged the relevant authorities to fulfill their constitutional responsibilities without further delay.

Following the oath, the AJK Bar Council held an informal meeting during which Vice Chairman Aqab Hashmi issued a one-week notice to the government for the appointment of a permanent Chief Justice.

Separately, the President of the AJK Supreme Court Bar Association, Javed Najam us Saqib, said that as the position of Chief Justice had been permanently vacant, Justice Hussain should have been administered oath as the permanent Chief Justice.

“It is deeply concerning that such a step has been taken despite past Supreme Court rulings, judicial precedents, and especially the principles established in the Al-Jehad Trust case,” he said. “This move not only defies the spirit of the Constitution but also undermines the core principles of judicial independence.”

He added that the Bar Association would immediately consult other lawyers’ bodies to devise a joint strategy.

“We stand with the Constitution and will resist any step that undermines its spirit, judicial dignity, or the principle of transparency,” he said.

Published in Dawn, June 10th, 2025