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AJK SC to hear today ex-PM’s appeal against disqualification

Case fixed for hearing after registrar's office removes objections against third appeal

By News Report
April 13, 2023
Sardar Tanveer Ilyas addressing AJK Legislative Assembly. — Twitter/@PMOAJK
Sardar Tanveer Ilyas addressing AJK Legislative Assembly. — Twitter/@PMOAJK

MUZAFFARABAD: The Azad Jammu and Kashmir (AJK) Supreme Court Wednesday fixed former prime minister Sardar Tanveer Ilyas’s petition for hearing today (Thursday) against the high court’s decision to disqualify him from the top office.

The development came after the registrar of AJK SC removed the objections against the third appeal.

In a major setback to Pakistan Tehreek-e-Insaf (PTI) on Tuesday, the AJK High Court removed Ilyas from the post of prime minister, making him the region’s first premier to be disqualified in a contempt of court case.

Following the disqualification, the politician moved AJK’s top court against the high court’s decision via a plea that mentioned Ilyas as the “AJK prime minister”.

At this, the top court’s registrar’s office returned the plea with objections.

Earlier, AJK Chief Justice Raja Saeed Akram censured the petitioner’s lawyers for mentioning Ilyas as the “current prime minister”.

“Why didn’t you comply when the registrar had raised objections?” he asked.

At this, Ilyas’s lawyer requested the court to consider it written “former prime minister”.

“How could we read it as former. You are a senior lawyer and this is Supreme Court [of AJK],” the justice remarked.

He observed that the high court’s ruling will be maintained till the top court takes action and Ilyas would be considered a former prime minister.

The court then directed the lawyers to file new plea, saying that the court will see when it has to take it up. After this, the lawyers left for removing the objections imposed on the plea.

Before the hearing, Ilyas’s lawyer Sardar Raziq Khan talking to media said that there was a proper procedure to disqualify a premier in the Constitution. “Election Commission cannot disqualify a prime minister without following [that] procedure,” the lawyer said.

He further stated that the maximum penalty for a contempt of court is six months. “Sardar Tanveer Ilyas is still the prime minister of AJK,” Khan said, terming the notification disqualifying Ilyas as “unconstitutional”.

Tuesday’s decision of the high court came after Ilyas was summoned to AJK’s Supreme Court and High Court for using a “threatening tone” in one of his speeches. A full bench, led by Justice Sadaqat Hussain Raja, conducted the hearing of the case. During the hearing, the clips featuring Ilyas were played.

Ilyas gave an unconditional apology to the court, saying “I apologise unconditionally if any of my words hurt the judge.” But the AJK premier was sentenced till the rising of the court.

Following the disqualification of Azad Jammu and Kashmir prime minister Sardar Tanveer Ilyas by the AJK High Court’s full court bench, Khawaja Farooq Ahmad has been appointed as acting AJK prime minister.

On Tuesday, the President’s House in Muzaffarabad issued a notification in this regard. The summary was signed by AJK President Barrister Sultan Mehmood Chaudhry.

According to the notification, Khawaja Farooq Ahmad will serve as acting Prime Minister of Azad Kashmir until a new Leader of the House is appointed. Ahmad is a seasoned politician who has been involved in politics for over three decades.