Supreme Court of Azad Jammu and Kashmir

Supreme Court of Azad Jammu and Kashmir

The Supreme Court of Azad Jammu and Kashmir (AJK) serves as the highest appellate court in the region of Azad Jammu and Kashmir. It holds the supreme authority to decide legal disputes and interpret the constitution, acting as a key institution in maintaining the rule of law within the region.

Composition of the Court

The Supreme Court of Azad Jammu and Kashmir consists of a Chief Justice and two other judges, as stipulated by the AJK Interim Constitution Act, 1974. This constitutional framework fixes the total number of judges at three, ensuring a streamlined yet effective judicial structure.

Judges of the Supreme Court are appointed by the President of Azad Jammu and Kashmir, based on the advice of the Prime Minister of Pakistan. This process ensures that the appointments are carried out with input from both regional and national leadership, maintaining judicial integrity and independence.

Role and Functions

As the highest judicial authority in Azad Jammu and Kashmir, the Supreme Court serves as the ultimate court of appeal. It is tasked with resolving constitutional, civil, and criminal cases of critical importance. The court also acts as a guardian of the AJK Interim Constitution, ensuring that the fundamental rights of citizens are upheld.

Leadership and Recent Developments

In April 2020, Raja Saeed Akram Khan was appointed as the Acting Chief Justice of the Supreme Court of Azad Jammu and Kashmir. He took the oath of office from the President of AJK, Masood Khan. This event marked a significant moment in the leadership of the judiciary, showcasing the seamless transition of authority within the region’s legal system.

Composition of the Supreme Court of Azad Jammu and Kashmir

The Supreme Court of Azad Jammu and Kashmir (AJK) is structured in accordance with the Interim Constitution of Azad Jammu and Kashmir, 1974, as amended in 1993. The court comprises three justices, including the Chief Justice, who are appointed to serve until they reach the mandatory retirement age of 65 years, unless they resign earlier or are removed in accordance with constitutional provisions. The court may also have ad hoc judges when necessary to manage its workload effectively.

Appointment and Tenure of Judges

Judges of the Supreme Court of AJK are appointed by the President of Azad Jammu and Kashmir on the recommendation of the Prime Minister of Pakistan. The constitutional amendment of 1993 firmly established the fixed number of justices at three. As of now, the court includes a Chief Justice, two regular judges, and one ad hoc judge.

Current Composition

Chief Justice

The current Chief Justice of AJK, Honorable Justice Raja Saeed Akram Khan, was appointed on May 18, 2021, and is set to retire on March 10, 2027. He brings significant legal expertise to his role and presides over the court with a commitment to upholding the constitution and delivering justice.

Regular Judges

The Supreme Court also includes the following two regular judges:

1. Honorable Justice Khawaja Muhammad Nasim
   • Appointed: May 26, 2021
   • Retirement Date: September 30, 2025
   • Noted for his expertise in constitutional and civil matters.
2. Honorable Justice Raza Ali Khan
   • Appointed: May 26, 2021
   • Retirement Date: July 3, 2034
   • Recognized for his contributions to the development of judicial precedents.

Ad Hoc Judge

The court currently includes one ad hoc judge to support its functions:

• Justice Masood A. Sheikh
  • Appointed: March 13, 2024 (Ad hoc)
  • Brings additional judicial support for handling specialized or high-priority cases.

Jurisdiction of the Supreme Court of Azad Jammu and Kashmir

The Supreme Court of Azad Jammu and Kashmir (AJK) functions primarily as an appellate court with authority granted under the AJ&K Interim Constitution Act, 1974. Its jurisdiction extends to appeals from decisions made by lower courts and administrative tribunals, maintaining judicial oversight within the region.

Appellate Jurisdiction

1. Appeals from the High Court
   Under sub-section (11) of Section 42 of the AJ&K Interim Constitution Act, 1974, any judgment, decree, final decision, or sentence issued by the High Court of Azad Jammu and Kashmir can be appealed to the Supreme Court of AJK.
2. Appeals from the Shariat Court
   Judgments from the Azad Jammu and Kashmir Shariat Court, issued under the Islamic Penal Laws Act and the Shariat Court Act, are also subject to appeal. This ensures alignment with Islamic legal principles while providing litigants with a higher forum for redress.
3. Appeals with Leave of the Supreme Court
   • For cases not covered under sub-section (11) of Section 42, an appeal can still be made to the Supreme Court if leave to appeal is granted by the court.
   • This applies to judgments, decrees, orders, or sentences from the High Court involving questions of significant legal importance.
4. Appeals from Administrative Tribunals
   • Under sub-section (3) of Section 47 of the Interim Constitution Act, decisions from administrative courts or tribunals can be appealed to the Supreme Court if they involve a substantial question of law deemed of public importance, and if the court grants leave to appeal.

Original Jurisdiction

The Supreme Court of AJK differs from the Supreme Court of Pakistan in its lack of broad original jurisdiction. Unlike Article 184(3) of the Constitution of Pakistan, which allows the Supreme Court of Pakistan to address matters of public importance directly, the Supreme Court of AJK does not entertain direct petitions.

• Advisory Jurisdiction
  • The court’s original jurisdiction is limited to its advisory authority under Section 46-A of the AJ&K Interim Constitution Act, 1974.
  • This empowers the Supreme Court to provide advice on legal matters referred to it by appropriate authorities, ensuring it acts as a consultative body for constitutional and legal interpretations.

Parity with the Supreme Court of Pakistan

Although it lacks certain original jurisdiction powers, the appellate authority of the Supreme Court of Azad Jammu and Kashmir is equivalent to that of the Supreme Court of Pakistan. It serves as the highest forum for appeals, ensuring that justice is administered uniformly and effectively across Azad Jammu and Kashmir.