M. TABASSUM AFTAB ALVI, CHIEF JUSTICE, HIGH COURT OF AJ&K, MUZAFFARABAD vs Raja WASEEM YOUNIS, ADVOCATE, EX-GENERAL SECRETARY, AZAD JAMMU AND KASHMIR, HIGH COURT BAR ASSOCIATION, MIRPUR art — 2021 PLD 1 SUPREME-COURT-AZAD-KASHMIR

Case information

Citation: 2021 PLD 1 SUPREME-COURT-AZAD-KASHMIR
Court: Supreme Court of Pakistan
Year: 2021
Reporter: PLD
Parties: M. TABASSUM AFTAB ALVI, CHIEF JUSTICE, HIGH COURT OF AJ&K, MUZAFFARABAD vs Raja WASEEM YOUNIS, ADVOCATE, EX-GENERAL SECRETARY, AZAD JAMMU AND KASHMIR, HIGH COURT BAR ASSOCIATION, MIRPUR art

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Judgment text as reported

M. TABASSUM AFTAB ALVI, CHIEF JUSTICE, HIGH COURT OF AJ&K, MUZAFFARABAD VS Raja WASEEM YOUNIS, ADVOCATE, EX-GENERAL SECRETARY, AZAD JAMMU AND KASHMIR, HIGH COURT BAR ASSOCIATION, MIRPUR art. 43(2-a)---Judge of High Court azad Jammu and Kashmir, appointment of --appointment by President on the advice of the Council and after consultation with the Chief Justice of azad Jammu and Kashmir and Chief Justice of the High Court---Question as to whether such consultation with Chief Justices was to be made before the advice of the Council----Held, that for seeking the advice of the Council, the consultation of the appointing authority (i.e. the President) with the Chief Justices was the most basic pre-requisite---Chief Justices, in view of the practice and ground realities, were only the concerned persons who were best placed to judge the ability, neutrality and other required qualities of the person to be appointed as Judge of High Court---Neither the President nor the Council had other alternate or direct means or sources to judge the required abilities of a person for appointment as a Judge.

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