AJK judicial-cum-political crisis

MUZAFFARABAD The judicial crisis has now turned into a political crisis, which erupted in Pakistan Occupied Kashmir earlier this week, as newly appointed ad hoc Chief Justice Manzoorul Hassan Gillani holding is discharging his duties in a court in Muzaffarabad and dysfunctional Chief Justice Riaz Akhtar Chaudhry has set up his court in the Supreme Court Mirpur office under the authority of Raja Zulqarnain, President Azad Jammu and Kashmir. On the other hand the Supreme Judicial Council has begun hearing of the reference filed against Justice Riaz Akhtar Chaudhry by Prime Minister Raja Farooq Haider. Both the President and the Prime Minister are sticking to their stance. While Raja Farooq Haider claimed that he had taken the step in accordance with the relevant provision of 1974 Act and Raja Zulqarnain believed that that when he was abroad on a official visit the Speaker Assembly in his position as acting president should have taken him into confidence before taking this major constitutional step that had shaken the judicial system and damaged the image of the Government and also caused rift in the party. The ironical aspect of the row is that it has disturbed the ruling party and the Opposition is enjoying the comic scene. Mian Manzoor Wattoo, Minister for Kashmir Affairs, has held meeting with heads of all the political parties on 5 April and urged them to resolve this ugly situation. The Federal Government would not interfere in their affairs. Sardar Attiq Ahmad, President Muslim Conference was in Saudi Arabia to perform Umra. He flew from Jeddah on the night of 5 April and called the Parliamentary meeting at Mujahid Manzil, Rawalpindi on 7 April, which deliberated the row for over 8 hours. Raja Farooq Haider also attended the meeting and defended his action. Finally, two committees have been formed to address the administrative and constitutional aspects of the row and asked to make their recommendations within two days. It is learnt that advice from the experienced jurists like former chief justice of Supreme Court, former chief justice of Azad Kahsmir High Court and former judge of the Supreme Court would also be sought. In the Parliamentary meeting of the ruling party, the row has been heatedly debated, the healthy and redeeming factor is that the Parliamentary party remained united and Sardar Attiq Ahmad assured of standing by the Government but he wished the issues should be resolved amicably. The key question lurching in the minds of various circles is that the petition of Justice Manzoorul Hassan Gilani was in the hearing process in Supreme Court of Pakistan and there were reports in the newspapers that the decision on it would be announced within two days. This is unlikely to happen, as other day former attorney general of Pakistan appeared before the Supreme Court requesting that Prime Minister of Pakistan Syed Yousuf Raza Gilani could not find time to look into the case as Chairman of the Azad J&K Council. The attorney general had sought 15 days time for the Prime Minister to address this case. The Supreme Court granted this time to the Prime Minister. Obviously, the petition of Justice Manzoorul Hassan Gillani is still unclear unless the judgement is made. How and why this speedy action has been taken by the Acting President of Azad Jammu and Kashmir on the advice of Prime Minister Raja Farooq Haider and a reference also has been filed against Justice Riaz Akhtar Chaudhry in the Judicial Council. What was the motivating force or factor, which forced them to act with this unusual haste to dislodge Justice Riaz Akhtar Chaudhry and induct Justice Manzoorul Hassan Gillani as Acting Chief Justice of Supreme Court Pakistan Occupied Kashmir.

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