MUZAFFARABAD, April 15 The Supreme Judicial Council (SJC) of Azad Jammu and Kashmir has recommended the removal of non-functional chief justice Reaz Akhtar Chaudhry for subverting and transgressing the constitution, violating his oath and committing blasphemy, Dawn has learnt.

The recommendation was sent to the prime minister, in his capacity as the chairman of the AJK council, in an 84-page inquiry report. The inquiry was initiated after the office of the AJK president filed a reference against Mr Chaudhry before the SJC on April 3. The SCJ comprises acting CJ Syed Manzoor Hussain Gilani, AJK High Court CJ Ghulam Mustafa Mughal and ad-hoc SC judge Chaudhry Ibrahim Zia.

According to the report prepared by the SJC, the deposed CJ acted beyond his jurisdiction by entertaining a direct constitutional petition (on March 15) involving his own person. Unlike the SC of Pakistan, which is vested with original jurisdiction and can hear petitions about itself, the AJK SC cannot.

In addition, the inquiry report points out, in his judgment on the petition, Mr Chaudhry termed AJK a separate country which violated his oath and Pakistan's international commitments.

The report also says that the deposed CJ misused his position by setting up an unconstitutional monitoring cell in the SC to benefit friends and relatives. He got his son, Mughees Reaz, inducted in the food department in violation of rules. The food department was then headed by the deposed CJ's younger brother, Fayyaz Akhtar Chaudhry. In addition, Mr Chaudhry got the exam board, AJKBISE, to increase the numbers secured by his daughter.

Last, the report says that Mr Chaudhry committed blasphemy in a judgement he gave because he distorted Quranic verses as well as attributed “errors and wrongdoings” to the holy prophets. The report also points out that this particular judgement benefited lawyer Mujahid Naqvi.

According to the report, however, Naqvi is not the only lawyer the CJ favoured. The deposed CJ gave a post-retirement extension to an employee, whose son in law, Maqbool Var, a lawyer, filed the March 15 petition against the CJ.

However, the report did not recommend any action against President Raja Zulqarnain Khan. It should be remembered that some lawyers had urged the SJC to initiate contempt proceedings against the president “for interfering in the process of SJC”. Lawyers had pressed for this because President Khan had ordered the “reinstatement” of the deposed CJ without the advice of prime minister. Later on, the president had also constituted a parallel “SJC” which had no legal authority.