Altaf Hamid Rao
AJK HC gave verdict against its own CJ on a writ petition filed against his induction as Judge and CJ
MUZAFFARABAD/MIRPUR (Parliament Times): Azad Jammu Kashmir High Court Friday declared the appointment of Justice Tabbasam Aftab Alvi, the siting chief Justice of the court, as judge and chief justice of the AJK High Court as null and void for its being contradictory to the prevailing terms set in the interim constitution – Act 1974 of Azad Jammu and Kashmir. The learned AJK High Court comprising Justice Azhar Saleem Baber gave the verdict on a writ petition filed by Raja Waseem Younas Advocate, former Secretary General of AJK High Court Bar Association.
The petitioner had prayed for setting aside the appointment of Justice Tabbasam Aftab Alvi as judge and later as chief justice of the AJK High Court for being unconstitutional and unlawful. “This order forms part of dissenting judgement recorded learned members of the division bench and in view of the majority opinion, the writ petition is accepted in the terms that the appointment of the respondent No. 7 [Justice Tabbasam Aftab Alvi ] as judge of the high court dated 24.2.2011 and his appointment as chief justice vide notification dated 03.4.2017 is set aside”, the learned court announced in its detailed judgment.
The Court also ordered that Justice Tabbasam Aftab Alvi shall seize to hold the office of the Chief Justice of AJK High Court forthwith. “While applying defector doctrine, acts done and judgments delivered by the respondent (Justice Alvi) shall stand protected”, the learned court declared.
The petitioner Raja Waseem Younas Advocate appeared himself in the case as Counsel on his own.