Saqib Ali Haidri
Muzaffarabad: Azad Jammu & Kashmir Constitution of Shariat appellate bench of High court 2017 has been challenged by Zulqarnain Raza Naqvi Advocate before High Court Circuit Bench Mirpur.
Petitioner filed case against respondents AJK assembly through Speaker AJK, AJK government through Chief Secretary, AJK council through secretary council, department of Law, Justice , Parliamentary affairs and human rights through the same office bearer secretary and President AJK through secretary Presidential affairs. However, President has been impleaded from respondents on perusal of memorandum of writ petition.
Petitioner argued that AJK Shariat Appellate act 2017 has been promulgated against the spirit of the AJK Interim constitution Act 1974.
It was mentioned in petition that “The Act is against the fundamental rights of the state subjects as well the qualification for appointment as Aalim Judge is “vague and not clear.”
Moreover, the said Act is promulgated in negation of interim constitution as no new bench in High court can be created without constitutional amendment.
The honorable Chief Justice issued notices to respondents and the case has been transferred to Muzaffarabad for further proceedings. On the other hand, chief justice AJK Supreme Court approved the Shariat Appellate Bench comprised of Chief Justice and 2 Muslim judges, Registrar Supreme issued a notification in this regard.
