Altaf Hamid Rao
MIRPUR, (Parliament Times): Islamabad High Court Bar Association has demanded of the Supreme Court of Azad Jammu & Kashmir to take immediate notice of alleged injustice meted out to Justice Tabassam Aftab Alvi, former Chief Justice of the AJK High Court, through his removal from the office by the same AJK HC last month, IHCBA said in a resolution.
The Islamabad High Court Bar Association condemned through the resolution, signed by Muhammad Umair Baloch, Advocate, Secretary of the Islamabad High Court Bar Association, issued on December 2, what it called, the “illegal removal” of Chief Justice Tabassam Aftab Alvi of Azad Jammu Kashmir High Court from his office. The IHCBA termed the action, what it decalred, totally unconstitutional and unwarranted.
“Justice Tabassam Aftab Alvi was upright and honest judge who has performed his constitutional duties honestly, justly and strictly in accordance with law”, the resolution said adding “his removal on a tactical ground after 10 years of his service speaks volume of maladies and illegalities”, it added.
It may be recalled that Azad Jammu Kashmir High Court had recently declared the appointment of Justice Tabbasam Aftab Alvi, the 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 had given 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 judgment 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 high court had said in its detailed judgment.
The Court had 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 had also declared.