The PoK judicial crisis is worsening
Here is the story so far . . .
Justice Riaz Akhtar was appointed CJ PoK while ignoring his six years senior Justice Manzoor Hussain Gillani. Since 2006 Justice Gillani has been seeking justice on the grounds of his seniority and had also filed a petition before the Supreme Court of Pakistan. On 15th March 2010, the Supreme Court of Pakistan sought from the AJK Council the record of PoK CJ appointment but the CJ PoK, very next day, passed an interim order against the Supreme Court of Pakistan, barred the PM of Pakistan from issuing any order regarding judges appointment in the PoK and declared Kashmir as separate country.
This highly objectionable order resulted in filing of a reference by the acting president PoK on the advice of the PoK prime minister against the CJ PoK but the president AJK, who at that time was abroad, upon his return tried to undo the acting president’s order, which led to a serious judicial crisis.
Sources said that Mian Manzoor Watto now proposes that Justice Riaz Akhtar should be asked to proceed on leave till the retirement of the incumbent Acting Chief Justice as a way out. However, the prime minister of PoK, speaker legislative assembly, substantial members of the PoK Muslim Conference leaders and almost all bar councils of PoK are not prepared to show any sort of leniency for the condemned CJ PoK.
On what grounds was the CJ of PoK removed ?
The PoK Supreme Judicial Council has unanimously concluded that the PoK deposed CJ PoK has transgressed and subverted the Constitution by usurping and exercising the jurisdiction not vested in him as chief justice and judge of the Supreme Court and violated the oath of judge which implies complete submission to the Constitution and under the Constitution to the law, he persistently violated the Constitution and the law against the rule of law by not abiding by the law.
The SJC also said the CJ also manoeuvred the petition for his own interest through the lawyers who are obliged to him through the favourable court orders for them and their kith for his personal advantage and seditiously subverted the Constitution by holding PoK as “another country”, thereby compromising the integrity of institution of justice.
He has also distorted Quran by misquoting the verse of Holy Quran, thereby impairing and destroying the reverence, respect and confidence due to the holy prophets, amounting to blasphemy.
OK. . . why is the situation then worsening now ? Because of this:
Prime Minister Yousuf Raza Gilani is being ill advised by his Kashmir Affairs minister and two important players of PoK power politics to violate the PoK Constitution.
The Constitution binds the prime minister of Pakistan, who is the chairman of the Kashmir Council, to approve the recommendations of the Supreme Judicial Council. Informed sources said PoK President Raja Zulqarnain, President of the ruling Muslim Conference Sardar Atiq Khan and the Federal Minister for Kashmir Affairs Mian Manzoor Watto are trying to influence the prime minister of Pakistan to avoid approving the SJC recommendations to sack PoK deposed chief justice Justice Riaz Akhtar Chaudhry.
This group of three is eager to save the skin of the deposed and condemned CJ by allowing the incumbent Acting CJ Justice Manzoor Gillani to continue till his superannuation i.e. June 7, 2010 when the deposed CJ should be brought back again to take charge of the office of the CJ PoK.
PoK Prime Minister Raja Farooq Haider, however, is not agreeing to this strange rapprochement and has already pleaded before Prime Minister Gilani to proceed in line with the law and the Constitution.
While Prime Minister Gilani is being advised to find a middle way, the PoK Constitution binds him to approve the SJC recommendations, which has already unanimously sought the sacking of PoK CJ Riaz Akhtar Chaudhry.
The PoK Constitution says that in case the SJC is of the opinion that the judge should be removed from the office, the Chairman of the council (Prime Minister of Pakistan) “shall advise” the president (of PoK) to remove the judge from his office and the president shall pass orders accordingly.
When things are happening in Kashmir, can the ISI be left out ? No, they are in the picture too . . .
Sources in the PoK government said that certain elements in the ISI are also trying to save the skin of the PoK CJ, who was rewarded by the Musharraf regime for his “services” rendered in his capacity as chief election commissioner during the election of 2006 as a result of which Muslim Conference came into power.