Judicial crisis in PaK to end soon: Shah G Qadir
‘President’s move to reinstate CJ unconstitutional’
NISAR AHMED THOKAR
Islamabad, Apr 14: Judicial crises that created political hullabaloo within and outside the power corridors in Pakistani Administered Kashmir would be settled within a couple of days as the political leadership was hectically engaged in thrashing out a solution of the issue. Legislative Assembly Speaker, Shah Ghulam Qadir, said this while talking to Greater Kashmir in Rawalpindi today.
Shah said that there were no judicial crises in the region as every thing was going on in accordance with the constitution and as per the law of the land.
“So far as the issue of making Chief Justice dysfunctional and sending a reference against him is concerned there is nothing contrary to the principles of justice or law as it is the constitutional right of any government to send a reference against any of the judges in case he/she is either held responsible for misconduct, violated the constitution or has lost mental-balance,” he said.
“This is what the constitution says so the government accordingly sent a reference against Justice Choudhary which was forwarded to the judicial council advising it to initiate inquiry about the conduct of Justice Riaz Akther Choudhary,” he said.
“Being the region’s acting President I discussed the issue with the PAK premier and the law minister and later signed the reference and sent to Supreme Judicial Council for inquiry”, he said adding that each and every step was taken in accordance with the constitution.
He said that it was President Raja Zulqarnain Khan’s hurriedly taken decision of reinstating the deposed Chief Justice which led to the chaotic situation. He said that there has been no malafide intention whatsoever behind the move. “Being the acting President I was bound to act upon the
advise of Prime Minister under Article 7 of the constitution.”
“The counter move on the part of President of Azad Kashmir was unconstitutional because he has no authority to act. He just sent a letter to PM of AJK who responded immediately saying that the President has no authority to reinstate the dysfunctional CJ.” He said that notification was not sent from the ministry of Law that is why the President’s order has no legality.
He said that the SJC accordingly entertained the reference and initiated an inquiry against the dysfunctional CJ. He said Choudhary’s appointment was questioned in 2006 but to avoid rift people remained tight lipped. Shah said that irrespective of how Justice Choudhary was elevated to the highest slot the question however arises that what has been his conduct afterwards.
Lastupdate on : Wed, 14 Apr 2010 21:30:00 Makkah time
Lastupdate on : Wed, 14 Apr 2010 18:30:00 GMT
Lastupdate on : Thu, 15 Apr 2010 00:00:00 IST
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