MUHAMMAD YASIR SAFEER MUGHAL vs FAYYAZ AHMED JANJUA art — 2022 PLD 35 SUPREME-COURT-AZAD-KASHMIR

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MUHAMMAD YASIR SAFEER MUGHAL VS FAYYAZ AHMED JANJUA art. 42---State Judicial (Policy Making) Committee act (XXXVIII of 2017), Ss. 3 & 4---appeal---Establishment of State Judicial (Policy Making) Committee---Functions of the Committee---Scope---appellant assailed order passed by High Court whereby State Judicial (Policy Making) Committee act, 2017, was declared to be ultra vires the azad Jammu and Kashmir Interim Constitution act, 1974---Contention of respondents was that introduction of an officer from the Executive corner in the State Judicial (Policy Making) Committee was against the concept of separation of powers---Validity---Supreme Court, High Court, Shariat Court, etc were the special institutions of the Law, Justice, Parliamentary affairs and Human Rights Department, hence, the Secretary Law, Justice, Parliamentary affairs and Human Rights department had a very close nexus with the judiciary; he was the person who conveyed pleasure or displeasure of the Courts to the Government, hence, he had to act as a bridge in relation to the communication of the Government with the Courts---Keeping in view the nature of tasks to be performed by him, he had been included in the Committee to convey the decisions of the Committee to the Government otherwise he had nothing to do with the formation of policies by the Committee rather policies were made under the supervision of judicial members of the Committee---Introduction of Member of the Executive in the Committee was against the concept of separation of powers. Head NotesCase Description Citation Name: 2022 PLD 35 SUPREME-COURT-AZAD-KASHMIRBookmark this Case MUHAMMAD YASIR SAFEER MUGHAL VS FAYYAZ AHMED JANJUA art. 46---High Court to superintend and control all courts subordinate to it---Scope---article 46 of the azad Jammu and Kashmir Interim Constitution act, 1974, casts a duty on the High Court to keep the subordinate courts within the limits of their authority so that they may not cross the limit, ensure the performance of duties by such courts and tribunals in accordance with law conferring power within the ambit of the act creating such Courts---Powers of posting, transfer and appointments are vested in the High Court under this article. Head NotesCase Description Citation Name: 2022 PLD 35 SUPREME-COURT-AZAD-KASHMIRBookmark this Case MUHAMMAD YASIR SAFEER MUGHAL VS FAYYAZ AHMED JANJUA art. 42---State Judicial (Policy Making) Committee act (XXXVIII of 2017), Ss. 3 & 4---appeal---Establishment of State Judicial (Policy Making) Committee---Functions of the Committee---Scope---appellant assailed order passed by High Court whereby State Judicial (Policy Making) Committee act, 2017 was declared to be ultra vires the azad Jammu and Kashmir Interim Constitution act, 1974---One of the reasons, which prevailed with the High Court while handing down the impugned judgment was that since there was only single High Court in azad Jammu and Kashmir, as such, there was no requirement of co-ordination and harmonizing of judicial policy within the court system---Held; functions of the State Judicial (Policy Making) Committee were clearly postulated in S. 4 of the act---Words "court system" included the whole system of judiciary; it included Supreme Court, High Court, all the subordinate Courts and Tribunals established in azad Jammu and Kashmir, hence, it could not be said that there was a single High Court in azad Jammu and Kashmir due to which co-ordination and harmonization of judicial system was not possible. Head NotesCase Description Citation Name: 2022 PLD 35 SUPREME-COURT-AZAD-KASHMIRBookmark this Case MUHAMMAD YASIR SAFEER MUGHAL VS FAYYAZ AHMED JANJUA Vires of legislation---Scope---When any person attributes mala fide to the Legislature he must have strong proof otherwise malice cannot be attributed to the Legislature---For proving mala fide should be proved by cogent and reasonable evidence---Presumption of bona fide is attached to the legislation enacted by the Assembly. Head NotesCase Description Citation Name: 2022 PLD 35 SUPREME-COURT-AZAD-KASHMIRBookmark this Case MUHAMMAD YASIR SAFEER MUGHAL VS FAYYAZ AHMED JANJUA Vires of legislation---Scope---Piece of legislation can be invalidated by the court only when the same is found inconsistent with the Constitution or where there is violation of any of the fundamental rights. Head NotesCase Description Citation Name: 2022 PLD 35 SUPREME-COURT-AZAD-KASHMIRBookmark this Case MUHAMMAD YASIR SAFEER MUGHAL VS FAYYAZ AHMED JANJUA art. 42---State Judicial (Policy Making) Committee act (XXXVIII of 2017), Ss. 3 & 4---appeal---Establishment of State Judicial (Policy Making) Committee---Functions of the Committee---Scope---appellant assailed order passed by High Court whereby State Judicial (Policy Making) Committee act, 2017 was declared to be ultra vires the azad Jammu and Kashmir Interim Constitution act, 1974---Validity---Legislature while realizing the challenges and emerging issues posed to the judicial system of azad Jammu and Kashmir had felt it expedient to make enactment in that regard by empowering the superior judiciary of azad Jammu and Kashmir to assess better the problems of the judicial system, its components and make policies for more efficient working of the judiciary and its allied limbs as per public aspirations and confidence---In order to achieve such noble goals, the legislature had enacted the impugned act, the purpose of which was to constitute a high level committee to co-ordinate and harmonize the judicial policy within the court system and in co-ordination with azad Jammu and Kashmir Law Commission, ensure its implementation---Committee had to work for improving the capacity and performance of the administration of justice; setting performance standards for judicial officers and persons associated with performance of judicial and quasi-judicial functions; improving the terms and conditions of service of judicial officers and Court staff, ensuring skilled and efficient judiciary; and publishing the annual or periodic reports of the Courts---Supreme Court observed that High Court had fallen in grave error of law while holding that the impugned legislation was ultra vires the Constitution---appeal was accepted and the impugned judgment was overturned. Head NotesCase Description

MUHAMMAD YASIR SAFEER MUGHAL vs FAYYAZ AHMED JANJUA art — 2022 PLD 35 SUPREME-COURT-AZAD-KASHMIR

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