Sardar JAVAID SHARIF, ADVOCATE, HIGH COURT OF AJ&K vs GOVERNMENT OF THE STATE OF AZAD JAMMU AND KASHMIR art — 2021 YLR 470 SUPREME-COURT-AZAD-KASHMIR

Case information

Citation: 2021 YLR 470 SUPREME-COURT-AZAD-KASHMIR
Court: Supreme Court of Pakistan
Year: 2021
Reporter: YLR
Parties: Sardar JAVAID SHARIF, ADVOCATE, HIGH COURT OF AJ&K vs GOVERNMENT OF THE STATE OF AZAD JAMMU AND KASHMIR 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

Sardar JAVAID SHARIF, ADVOCATE, HIGH COURT OF AJ&K VS GOVERNMENT OF THE STATE OF AZAD JAMMU AND KASHMIR art. 43(2-a)---Judges of High Court of azad Jammu and Kashmir (aJ&K), appointment of---appointment process---Constitutionality---Consultation with the Chief Justice of Supreme Court (azad Jammu and Kashmir) and Chief Justice of the High Court---In the present case, the requirements regarding consultation process as stated in the Constitution of azad Jammu and Kashmir and the precedents of the superior Courts were not fulfilled---Consultation had not been made in accordance with the spirit of the provisions of art. 43(2-a) of the Constitution and the dictum laid down by the superior Courts---Supreme Court declared the appointments of the respondent-Judges, as ultra vires the Constitution and without lawful authority, but directed that validity shall be given to all the acts done by them as Judges on the basis of principle of de-facto doctrine including the drawing of the financial benefits etc.; and that the appointing authority shall initiate the fresh process for appointment against the vacant positions strictly in the light of the guidelines given in Muhammad Younas Tahir's case (PLD 2012 SC aJ&K 42).

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