MUZAFFARABAD (Kashmir English): The larger bench of the Azad Jammu and Kashmir (AJK) High Court was to hear the writ petition for PM Anwarul Haq’s nullification today which has been postponed to April 7 since the larger bench was broken, a case that could potentially nullify his appointment as AJK’s premier.
The court scheduled the next session for April 7, 2025. Legal experts point out that Justice Mian Arif, who heads the bench, is set to retire by the end of this month, which means that the bench is likely to break before the end of this month. The process demands the formation of a new judicial panel for upcoming court proceedings.
In October 2014 Raja Ayaz Farid Advocate filed a case through his client Raja Farooq Haider as the former Prime Minister of AJK. According to the petition Anwarul Haq’s appointment as Prime Minister of AJK violated Article 172 of the Constitution thus rendering his election unconstitutional.
Raja Farooq Haider’s petition argues that Anwarul Haq failed to resign from his position as Speaker of the Legislative Assembly before contesting the election for Prime Minister. Furthermore, it claims that no separate assembly session was convened for the election, as required by law.
The petition also highlights that the election process should have been completed within three days following the disqualification of former PM Sardar Tanveer Ilyas Khan by the Supreme Court.
The petition contends that Anwarul Haq retained the position of Speaker while participating in the election for Prime Minister, which constitutes a constitutional violation. As a result, it requests the court to declare the election null and void and order a fresh election in accordance with the Constitution.
During the previous hearings, Assistant Advocate General Sheikh Atiq represented the Prime Minister’s side and stated that the legal team would submit the necessary documents, including the power of attorney, at the next hearing on April 7.
Since Justice Mian Arif plans to retire ahead of the next hearing the case will be sent to the Honourable Chief Justice for a new bench to be established. The fresh panel of judges creates additional complications for the case because they may handle the proceedings in a different manner.
The high political tension surrounding this case will impact the governance situation in AJK. The pending April 7 court decision will decide if Chaudhry Anwarul Haq continues as premier or the position requires another electoral process.
