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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

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

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)---appointment of appellant as Judge and thereafter as Chief Justice of High Court, azad Jammu and Kashmir---appointment process---Constitutionality---Consultation with the Chief Justice of azad Jammu and Kashmir and Chief Justice of the High Court---Held, that the President receiving advice of the Council without completion of the consultative process with the Chief Justice of azad Jammu and Kashmir and the Chief Justice of the High Court was unconstitutional---On the basis of such advice no one could be validly appointed as a Judge of the High Court---For appointment of the appellant as Judge of the High Court, the advice of the Council was tendered without consultation of the Chief Justice of the High Court---Furthermore the record showed that when the Chief Justice of the High Court was consulted, he simply replied to the President that the appellant qualified for appointment as a Judge of the High Court and there was nothing against him in the official record---Such reply could not be termed as effective, meaningful, purposive and consensus-oriented consultation as it did not disclose whether the appellant was comparatively suitable or preferable or had such comparative qualities to be preferred among others---appointment of the appellant as Judge of the High Court and thereafter as Chief Justice of the High Court was set-aside.

Other judgments reported in 2021 PLD

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