RAJA FAROOQ HAIDER KHAN vs Chaudhary ANWAR-UL-HAQ arts — 2026 CLC 263 HIGH-COURT-AZAD-KASHMIR

Case information

Citation: 2026 CLC 263 HIGH-COURT-AZAD-KASHMIR
Year: 2026
Reporter: CLC
Parties: RAJA FAROOQ HAIDER KHAN vs Chaudhary ANWAR-UL-HAQ arts
Subject matter: Criminal

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

RAJA FAROOQ HAIDER KHAN VS Chaudhary ANWAR-UL-HAQ arts. 42-B & 44---Writ petition, filing of---Laches, doctrine of---Scope---a former Prime Minister of the azad Jammu and Kashmir (aJ&K) filed writ petition calling into question the claim to premiership of the incumbent Prime Minister of the aJ&K---Held: Present petition was filed after lapse of 2 years of election of the incumbent Premier---although there is no estoppel against law and warrant of the Court can be asked for against occupier of the position public office, but conduct of petitioner is one of the relevant factors, thus the petitioner has to cross the barrier of laches as well---Whether a constitutional petition in a High Court can be filed after delay of 3 months sans furnishing reasonable explanation for condonation of delay and in case of affirmation, won't the ratio decidendi of the Honorable Supreme Court handed down in Syed altaf Hussain Bukhari v. Zeeshan Shaukat (2022 SCR 1088) be flouted which is binding on everyone throughout aJ&K in view of art. 42-B of the aJ&K Interim Constitution, 1974?---Said law point required to be resolved---Present constitutional petition was admitted for regular hearing.

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