MIRPUR (AJK) - The District Bar Association categorically declared that unlawful and unconstitutional induction of judges against vacant posts in the Azad Jammu & Kashmir High Court will not be acceptable to the legal fraternity of the state.

"The procedure for judges appointment in the superior judiciary of AJK is clearly mentioned in Act - 1974, and this procedure shall have to be obeyed during the course of induction of judges against the vacant posts in HC of AJK".

The demand was made at the District Bar Association meeting held here its President Arshad Mahmood Mallick in the chair.

"Four posts of judges in the High Court are lying vacant since long which needed to be filled in without further delay to ensure dispensation speedy justice to the litigants through early disposal of cases lying pending since long", the speakers expressed.

Presently, the AJK High Court is comprised of only three judges including Chief Justice Ghulam Mustafa Mughal, Justice Munir Hussain Chaudhry and Justice Aftab Ahmed Alvi.

Addressing the meeting, DBA President Arshad Mahmood Mallick stated that both the AJK government and AJK Council were legally and constitutional bound to make judges appointments in the High Court entirely in line with the interim constitution. He pointed out the AJK Supreme Court had also unequivocally determined and endorsed the procedure for appointment of judges in line with the interim constitution of the State in its verdict of May 16, 2012 in the case entitled Rafi Ullah Sultani - vs - Shoukat Aziz etc.

The DBA President pointed out that the AJK SC had, in its verdict on the aforesaid case, categorically ordered the AJK govt for filling in all the vacant posts of four judges of AJK High Court within next three months. He pointed out that The AJK president was constitutionally bound to summon the recommendations of the Supreme and high courts of AJK. "The act of the AJK President by not summoning the recommendations from the CJs of Supreme and High Courts of AJK on time for the induction of judges against vacant posts in AJK High Court has made the move dubious", he observed .

Mallick continued that that the aforesaid alleged attitude of the AJK President reflected that the government wanted to make the appointment of its favourites against the vacant posts of judges of AJK High Court.  It is to be noted that AHK HC Chief Justice Ghulam Mustafa Mughal has so far sent his recommendations to the President for appointment of judges on vacant posts in the AJK HC.

But the President has not consulted with the Chief Justice of the Supreme Court of AJK to invite his constitutional recommendation and approval over the recommendations moved by the CJ of AJK HC. For the very reason, the matter of much-needed early filling in the vacant positions of judges in AJK High Court is constantly getting delayed.