ABDUL WAHEED QASMI vs AZAD JAMMU AND KASHMIR GOVERNMENT through Chief Secretary, Muzaffarabad Direction to Leg

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ABDUL WAHEED QASMI VS AZAD JAMMU AND KASHMIR GOVERNMENT through Chief Secretary, Muzaffarabad Direction to Legislature---Scope---Direction to Parliament cannot be issued to add or modify a particular provision of the Constitution. Head NotesCase Description Citation Name: 2023 PLD 1 HIGH-COURT-AZAD-KASHMIRBookmark this Case ABDUL WAHEED QASMI VS AZAD JAMMU AND KASHMIR GOVERNMENT through Chief Secretary, Muzaffarabad art. 44---Penal Code (XLV of 1860), S. 298-C---Writ petition---alternate remedy---Scope---Petitioners sought a direction to the respondents to stop unlawful activities of Quadianis in the State for preaching ahmadism under the cover of word Muslims---Validity---Writ jurisdiction under art. 44 of the azad Jammu and Kashmir Interim Constitution act, 1974 could be exercised only if there was no alternate remedy available to the petitioners---Section 298-C, P.P.C., provided an alternate remedy to the petitioners---Section 298-C, P.P.C., provided that it was an offence to preach or propagate a faith by Quadianis group or Lahori group or by any other name and was punishable under the Penal Code---Writ petition was disposed of accordingly. Head NotesCase Description Citation Name: 2023 PLD 1 HIGH-COURT-AZAD-KASHMIRBookmark this Case ABDUL WAHEED QASMI VS AZAD JAMMU AND KASHMIR GOVERNMENT through Chief Secretary, Muzaffarabad art. 44---Writ jurisdiction---Direction to Legislature---Scope---Petitioners sought a direction to the respondents to prepare a separate Electoral Roll for non-muslims (Quadianis and Lahori groups)---Validity---Quadianis/ahmadis were indeed non-muslims, however, there was no calculation on record to ascertain the number of such non-muslims in the territory of azad Jammu and Kashmir so as to consider that whether a separate seat for such non-muslims could be created in the Legislative assembly of azad Jammu and Kashmir---Number of seats in the Legislative assembly of azad Jammu and Kashmir was created by the Constitution---Direction in this behalf could not be issued while exercising writ jurisdiction---Writ petition was disposed of accordingly. Head NotesCase Description Citation Name: 2023 PLD 1 HIGH-COURT-AZAD-KASHMIRBookmark this Case ABDUL WAHEED QASMI VS AZAD JAMMU AND KASHMIR GOVERNMENT through Chief Secretary, Muzaffarabad art. 44---Writ jurisdiction---Direction to legislature---Scope---Petitioners sought a direction to the respondents to add to the azad Jammu and Kashmir Interim Constitution, 1974, that Quadianis/ ahmadis or Lahori group are non-muslims---Validity---Writ petition was filed before the High Court prior to 12th amendment in the azad Jammu and Kashmir Interim Constitution, 1974---after amendment, the situation had changed and the legislature had inserted the definition of non-muslim in art. 2 of the azad Jammu and Kashmir Interim Constitution act, 1974---Grievance of the petitioners to this extent had been remedied---Writ petition was disposed of accordingly. Head NotesCase Description Citation Name: 2023 PLD 1 HIGH-COURT-AZAD-KASHMIRBookmark this Case ABDUL WAHEED QASMI VS AZAD JAMMU AND KASHMIR GOVERNMENT through Chief Secretary, Muzaffarabad Direction to Legislature---Scope---Courts are empowered to interpret the Constitution and law---High Court in its writ jurisdiction is empowered to set aside a provision of law or Constitution only if it is violative of the Constitution itself. Head NotesCase Description Citation Name: 2023 PLD 1 HIGH-COURT-AZAD-KASHMIRBookmark this Case ABDUL WAHEED QASMI VS AZAD JAMMU AND KASHMIR GOVERNMENT through Chief Secretary, Muzaffarabad Preamble & Art. 3-C---Islamic way of life---Scope---Preamble of the Azad Jammu and Kashmir Interim Constitution, 1974, provides that Muslims shall be enabled to order their lives in the individual and collective spheres in accordance with the teachings and requirements of Islam as set out in the Holy Quran and Sunnah---Constitutional liability of the Government to enable the Muslim State Subjects individually and collectively to order their lives in accordance with the commands of Quran and Sunnah---Requirement of the Constitution to make teachings of Holy Quran and Islamiat compulsory and to encourage and facilitate learning of Arabic language---Government of Azad Jammu and Kashmir is supposed to abide by the commands of the Constitution which is supreme law of the land. Head NotesCase Description Citation Name: 2023 PLD 1 HIGH-COURT-AZAD-KASHMIRBookmark this Case ABDUL WAHEED QASMI VS AZAD JAMMU AND KASHMIR GOVERNMENT through Chief Secretary, Muzaffarabad Direction to legislature---Scope---No direction can be issued to the legislature to legislate a particular law. Head NotesCase Description

ABDUL WAHEED QASMI vs AZAD JAMMU AND KASHMIR GOVERNMENT through Chief Secretary, Muzaffarabad Direction to Legislature — 2023 PLD 1 HIGH-COURT-AZAD-KASHMIR

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