MUZAFFARABAD, July 30: AJK President Sardar Mohammad Anwar Khan has refused to accept the advice of Prime Minister Sardar Attique Ahmed Khan and declined to an ordinance sent to him two days ago, it was learnt here on Saturday.
The Criminal Procedure Code (Amendment) Ordinance, 2006 sent to the president envisages release on bail of women who have been in jails for more than six months without completion of trial, or facing charges other than murder, terrorism and financial corruption in which death penalty or imprisonment for life or imprisonment for 10 years or more can be awarded.
However, sources said, the president had made it clear to the officials concerned that since the ordinance had not been presented to the cabinet he could not accord assent to it.
The newly elected AJK Prime Minister Sardar Attique Ahmed Khan, who was sworn in on July 24, has not formed his cabinet so far, although traditionally the ministers are appointed within a day after the premier assumes the post.
The president, the sources said, had based his stances on section 12 of AJK’s Interim Constitution, commonly known as Act 1974, and sub rule 1 of rule 23 of Rules of Business 1985.
The section 12 reads: “The executive authority of Azad Jammu and Kashmir shall be exercised in the name of the president by the government, consisting of the prime minister and the ministers, which shall act through the prime minister who shall be the chief executive of the state.”
Whereas Rule 23 (1) says that proposals for legislation, official or non-official bills, including money bills; promulgation and withdrawal of ordinances, budget position and proposals and other financial statements, proposals for levy of new taxes etc. shall be brought before the cabinet.
However, a law department source asserted that sub rule 2 of rule 23 exempted the premier from referring any matter to the cabinet in matters of urgent nature.
Sub rule 2 reads: “Notwithstanding the provision of sub rule (1), the prime minister may, in cases of urgency or other exceptional circumstances, give directions as to the manner of disposal of a case without prior reference to the Cabinet, but such case shall be reported to the cabinet at the earliest opportunity thereafter.”
The source said that under section 7 of the constitution it was binding upon the president to act on and in accordance with the advice of the prime minister.
“If the president refuses to act on the advice of the premier till 7 days, it shall be deemed to have taken effect after that in accordance with the judgments of the superior judiciary,” he said.
The source regretted that the president was creating an unnecessary hurdle in implementation of a law that would benefit the imprisoned women.