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AJK SC dismisses review petition of 5 removed judges seeking reinstatement

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Altaf Hamid Rao

Mirpur

The Supreme Court of Azad Jammu & Kashmir (AJK) on Tuesday dismissed the review petition of all the recently-removed five judges of the Azad Jammu Kashmir High Court seeking their reinstatement. The bench of the apex court of the State of AJK comprising Chief Justice Raja Saeed Akram Khan and the Judge Justice Ghulam Mustafa Mughal issued the short order rejecting the review petition, filed by President of AJK State and the four out of five sacked judges of the AJK High Court including Justice Raza Ali Khan, Justice Raja Sajaad Ahmed Khan, Justice Sardar Muhammad Ejaz and Justice Choudhry Khalid Yousaf seeking their reinstatement.
The fifth removed judge Justice Munir Chauhdry had not filed the review petition since he was restored to the office of the District & Session Judge. The Supreme Court of Azad Jammu & Kashmir had through an order issued on July 17 this year removed five of the above mentioned AJK HC judges from service declaring their appointments being violation of the provisions of the Interim Constitution of Azad Jammu Kashmir 1974, declaring the appointments ultra virus the Constitution of the State.
The Supreme Court of Azad Jammu Kashmir comprising acting Chief Justice Raja Saeed Akram Khan and Justice Ghulam Mustafa Mughal had declared the appointments of five judges of the AJK High Court against the provision of the article 43 of AJK Interim constitution 1974. The apex court had also declared in its verdict announced in the State’s metropolis on July 17 this year that the appointments were made without proper consultation.
The removed judges including Justice Raza Ali Khan, Justice Raja Sajaad Ahmed Khan, Justice Sardar Muhammad Ejaz, Justice Choudhry Khalid Yousaf and Justice Ch Muhammad Munir, had been appointed as judges of the AJK High Court by the President of Azad Jammu Kashmir on the advice of the AJK Council vide the notification No LD/AD/711-30/2018, dated 21.05.2018.

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