Former AJK PM dealt ‘technical’ blow

CJ Akram allows Ilyas to file fresh appeal in disqualification case

ISLAMABAD:

The Azad Jammu and Kashmir (AJK) Supreme Court rejected on Wednesday Sardar Tanveer Ilyas’s appeal challenging his disqualification on technical grounds.

The AJK High Court had disqualified  

Ilyas a day earlier from his position as a member of the legislative assembly and as premier on contempt charges.

Ilyas had indirectly pinned the blame on the judiciary for impairing the functioning of his government and interfering in the domain of the executive through the grant of stay orders. He had claimed that a multimillion Saudi-funded education project was incomplete due to a court order.

He had also spoken against the court orders to reopen tobacco factories that were involved in tax evasion worth billions of rupees.

Following his disqualification, the AJK Election Commission Secretariat had issued a notification, stating: “Pursuant to the judgment dated April 11, 2023, passed by the Honourable High Court of Azad Jammu and Kashmir in Robkar Adalat vs Tanvir Ilyas, Prime Minister Govt of Azad Jammu and Kashmir, and sub-article (2) of Article 25 of the Azad Jammu and Kashmir Interim Constitution 1974, the Chief Election Commissioner AJK hereby issued notification of disqualification of Tanvir Ilyas as member AJK Legislative Assembly.”

It is “with effect from April 11, 2023, in consequence thereof the notification dated July 27, 2021, to the extent of declaring him as a returned candidate from the AJK Legislative Assembly Constituency No LA-XV, Bagh-II stands rescinded with effect from April 11, 2023.”

On Monday, the superior courts of AJK had served notices to Ilyas seeking an explanation about his position on derogatory remarks about the judiciary in speeches at public gatherings. On Tuesday, the prime minister had been asked to appear before the AJK High Court and Supreme Court.

On Tuesday, the full bench of the high court pronounced the verdict, convicted him for statements against the judiciary and sentenced him.

The court had taken notice of Ilyas’ anti-judiciary statements and had not accepted his apology. Subsequently, Ilyas filed an appeal in the AJK Supreme Court praying for his conviction to be overturned.

The apex court, however, rejected his plea on technical grounds with SC Chief Justice Raja Saeed Akram observing that it was “incompetently worded”. He noted that the plea mentioned Ilyas as the prime minister even though the high court’s order was still holding ground. CJ Akram nonetheless permitted Ilyas' lawyer to file a fresh plea in court.

Meanwhile, the AJK chief secretary's office has issued a notification stating that Khawaja Farooq Ahmed has been appointed as the interim premier.

The notification was issued late last night stating that “the president of Azad Jammu and Kashmir, in the exercise of powers vested in him under sub-article (1) of Article 17 of the AJK Constitution, is pleased to call upon Khawaja Farooq Ahmed, the most senior minister, to perform functions of the Office of the Prime Minister until a new prime minister has been appointed and elected upon his office".