MUZAFFARABAD:
The Supreme Court of Azad Jammu and Kashmir (AJK) has sacked three judges of the Shariat Court of the region who were appointed by the Prime Minister Chaudhry Abdul Majeed under the Shariat Court Act, 1993.
On Wednesday, the region’s apex court asked the AJK government to appoint judges in the Shariat Court through lawful authority and directed it to legislate on the mechanism of appointment of judges to the Shariat Court.
The three-member bench headed by Chief Justice Azam Khan, while giving a verdict on two appeals against the appointment of judges in the Shariat Court, termed the judges’ appointment against the Interim Act 1974 (AJK Constitution). The Supreme Court termed the appointment of three judges, Justice Mazhar Kaleem, Justice Chaudhry Mushtaq and Justice Shahzad Khan, as unlawful. The apex court in its order however, termed their acts lawful during their tenure till the decision.
“The AJK government must appoint judges of Shariat Court through lawful authority and a religious scholar judge’s appointment is vital in the Shariat Court,” read the Supreme Court’s judgment.
The Supreme Court also directed the government to assign hearing of pending cases to the high court till the appointment of new judges at the Shariat Court.
The appeals against the appointments of judges in Shariat Court were filed by senior lawyer Saddaqat Hussain on December 2013.
Published in The Express Tribune, September 19th, 2014.
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if their appointment was illegal.... then how their acts lawful during their tenure till the decision....very confusing