MUZAFFARABAD, March 13: The Chief Justice of Azad Jammu and Kashmir (AJK) High Court, Justice Ghulam Mustafa Mughal, has asked the government not to appoint judges in the region’s Shariat Court against the spirit of the constitution and law, it has been learnt.
In a letter written separately to AJK President Sardar Mohammad Yaqoob Khan and Prime Minister Chaudhry Abdul Majeed on Wednesday, Mr Mughal pointed out that under the AJK Shariat Court Act 1993, the terms and conditions of its judge were same as that of a High Court judge, envisaging suitability, eligibility, competence and integrity for appointment of a judge in the Shariat Court.
Besides, determination of quota between judiciary and bar was dependent upon the option that the Chief Justice of AJK Supreme Court and the Chief Justice of AJK High Court “alone were competent to determine the professional and ethical competence and conduct of a judicial officer or of an advocate to be considered for appointment,” he added.
Any appointment in the Shariat Court bypassing the chief justices would be against the spirit of the Constitution and law, hence not defendable, CJ Mughal maintained in the letter, a copy of which was obtained by Dawn.
Court officials told Dawn that the seat fell vacant a day earlier following the appointment of a Shariat Court judge Mr Abdur Rashid Sulehria as judge of the AJK High Court.
The officials, while pleading anonymity, said there had been reports that Pakistans Prime Minister Raja Pervez Ashraf wanted to get a little known lawyer from his constituency as the Shariat Court judge.
Leader of the opposition and PML-N AJK chapter president Raja Farooq Haider has already warned the Pakistani premier against any such induction.
The AJK Shariat Court is not a constitutional court but it was established in early 1993 through a special legislation to hear, in appeals, matters pertaining to family disputes, murder cases along with all other Islamic penal offences.
Its judges, who are appointed by the AJK president on the advice of the AJK prime minister, enjoy same perks and privileges which are admissible to the HC judges.
AJK HC CJ also happens to be the CJ of AJK Shariat Court.