MUZAFFARABAD (Kashmir English): The High Court of Azad Jammu and Kashmir (AJK) has accepted the writ petition filed against Prime Minister Chaudhry Anwarul Haq for regular hearing. The petition seeks the court to declare the election of the AJK premier Haq null and void.
A division bench comprising Senior Justice Syed Shahid Bahar and Justice Sardar Muhammad Ejaz Khan heard the writ petition.
Advocate General Masood Iqbal Sheikh presented arguments on behalf of the government, while Raja Ayaz Farid Advocate presented arguments on behalf of the petitioner, former Prime Minister Raja Farooq Haider, who was also present in the courtroom.
The court, while pronouncing its decision on whether the writ petition is admissible or not, declared the writ admissible and made the 48 members of the assembly, who voted for Chaudhry Anwarul Haq as the prime minister, a party, and issued notices to them.
Senior Justice Syed Shahid Bihar, while pronouncing its decision, declared that the petition contains constitutional questions, in which the Prime Minister and the 48 members of the assembly will also be heard.
During the hearing, Advocate General Masood Iqbal Sheikh told the court that when Speaker Chaudhry Anwarul Haq became the prime minister’s candidate, he did not preside over the session. He had resigned from the post of Speaker before taking the oath of office as Prime Minister.
However, the petitioner’s lawyer, Raja Ayaz Farid Advocate, told the court that Chaudhry Anwarul Haq contested the election of Prime Minister while holding the post of Speaker and also presided over the session as Speaker.
“Article 34 of the Constitution protects such actions that do not violate the Constitution. In this, the rules under the Constitution have been violated, which is an act contrary to the Constitution,” he said.
The points of the assembly’s action during the election of the Prime Minister were also read out in the court.
The court took a 10-minute break after the hearing was completed. After the break, it decided to accept the writ petitions for regular hearing.
