Federal and state governments in tug of war ahead of general elections in region. PHOTO: EXPRESS
The PPP-led AJK government sent three names of serving AJK Supreme Court judges — Justice Mustafa Mughal, Justice Rasheed Sularia and Justice Sardar Abdul Hameed — to the Kashmir Council on September 11. The council, a federally-controlled body headed by the prime minister, ignored all three and sent back an advice to appoint Justice (retd) Munir Ahmed Chaudhry the CEC.
It may be recalled that Justice Chaudhry, then AJK High Court judge, was given the additional charge of CEC on April 27, 2013. He held the post till his retirement on April 14, 2015.
AJK President Sardar Yaqoob Khan filed a reference with the AJK apex court over the CEC appointment controversy on September 17. A full bench — headed by Chief Justice Mustafa Mughal and comprising Justice Muhammad Azam Khan, Justice Chaudhry Mohammad Ibrahim Zia, Justice Raja Saeed Akram Khan and Justice Masood Ahmed Sheikh — ruled that the council could only pick one of the three names the legislative assembly would forward to it. And that the council can ask the assembly to send another three names if it does not pick any from the first list.
The court had also maintained that a serving judge of the high court could be appointed as CEC, but if a high court judge ceases to function as CEC for any reason, he could not be reappointed for the remaining period.
The full bench had further clarified that a person who remained CEC could not be reappointed till the expiry of two years from the date he ceased to function as CEC.
Under section 50 of the AJK Interim Constitution Act, 1974, the CEC is appointed by AJK president on the advice of the council on such terms and conditions prescribed by law or rules enacted by the legislative assembly.
The supreme court while terming appointment of Justice (retd) Munir Ahmed Chaudhry as null and void, directed the AJK government to send a new summary of another three names to the council for appointment as CEC.
The government sent names of retired judges including Justice Khawaja Shahad, Justice Shair Zaman and Chaudhry Besharat to the council. The council, however, sent back advice for the appointment of Mustafa Mughal from the first list. No headway has been made since.
A source said that the federal government’s apprehension could be that the PPP-led state government would appoint an election commissioner of its own choice ahead of the general elections in the state next year.
Under the AJK Interim Constitution of 1974, powers have been divided between the AJK Legislative Assembly and the Kashmir Council. The council has been given exclusive legislative and executive authority over 52 subjects derived from the former concurrent and federal legislative lists before the 18th Amendment.
A joint committee of the legislative assembly and the council comprising representatives from all parties had unanimously recommended amendments to AJK Interim Constitution in line with the empowerment of provinces under the 18th Amendment.
AJK President Sardar Yaqoob Khan wrote a letter to Ministry of Kashmir Affairs requesting that AJK government also be empowered in the same fashion as other federating units of Pakistan were under the 18th Amendment.
Published in The Express Tribune, December 15th, 2015.
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