Law:

Section:

Azad Jammu and Kashmir Adaptation Act (IV of 2005)---.--- ---.----Ss.1(3) & 2---.---Azad Jammu and Kashmir Ehtesab Bureau Act (I of 2001), Preamble---.---Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974), Ss. 42 & 19(3)---.---Appeal to Supreme Court---.---Reference in Ehtesab Court---.---Interim relief, grant of---.---High Court admitted writ petition of appellant through which proceedings initiated by Azad Jammu and Kashmir Ehtesab Bureau and reference filed against him in Ehtesab Court, had been called in question on the ground; that he was an employee of Azad Jammu and Kashmir Council and retired, while law under which he was proceeded against, did not cater the cases of retired employees of the Council---.---Application for interim relief for restraining Ehtesab Court and Authority from proceeding against appellant having been rejected despite admission of writ petition appeal in Supreme Court had been filed to the extent of rejection of application of interim relief by High Court---.---Provisions of Ss.l(3) and 2 of Azad Jammu and Kashmir Adaptation Act, 2005, had revealed that Azad Jammu and Kashmir Ehtesab Bureau Act, 2001, was adapted to apply to "all persons who were serving in or in connection with affairs of departments under administrative control of Council"---.---Azad Jammu and Kashmir Adaptation Act, 2005, prima facie, did not extend the operation of said Act against retired employees of the Council---.---When High Court had admitted writ petition of the appellant on the ground that Azad Jammu and Kashmir Adaptation Act, 2005, prima facie applied to serving officers of Council only, there was no reason not to allow interim relief to the appellant---.---Interim relief would not debar competent Legislature to amend the law so as to bring in its ambit the ex or retired persons employed in or in connection with the affairs of the Council but as long as law would stand in field, it had to be applied as it was---.---Accepting appeal, it was directed by the Supreme Court that appellant would not be proceeded against under Azad Jammu and Kashmir Adaptation Act, 2005. THIS JUDGMENT DELIVERED BY: SYED MANZOOR HUSSAIN GILANI,…

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