MIRPUR (AJK) -  The Azad Jammu & Kashmir High Court on Friday imposed restriction on making any appointment of Judges in the AJK Shariat Court till a verdict on an under trial case about the appointment of the judges in the Shariat Court.
A full bench of the AJK High Court headed by senior Judge Justice Munir Ahmed Chaudhry, Justice Tabassam Aftab Alvi and Justice Sardar Abdul Hamid, in Muzaffarabad on Friday, issued the stay order directing the authorities concerned not to make any appointment of judges in the AJK Shariat Court till a final verdict on the case.
The AJK HC full bench issued the orders on a writ petition challenging the recent induction of two judges into the Shariat Court including Justice Muhammad Mushtaq Chaudhry and Justice Sardar Muhammad Shahzad.
The petitioner Shadaqat Hussain Raja, former president Central Bar Association Muzaffarabad challenged the appointment and posting of the aforesaid two judges under sub section 2 of Section 3 of the Shariat Act 1993.
The petitioner contended that under sub section 2 of Section 3 of the Shariat Act 1993, only the AJK President had the power to appoint judges in the Shariat Court. He maintained that the current simple process for the appointment of judges in the Shariat Court was contradictory to the basic human rights. “And as such the procedure of appointment of the judges in Shriat court should be made similar to the procedure of appointment for a judge of the AJK HC”, the petitioner argued.
The court put off hearing on the case till March 26, 2013.
The court also turned down the petitioner request for abstaining the two recently-appointed judges from performing duty till a decision of the case.