Law: Azad Jammu and Kashmir Interim Constitution Act, 1974

Section: 42(8),44

Azad Jammu and Kashmir Interim Constitution, 1974-- ----Arts. 42(8) ,  44--Appointment of ad-hoc Judge--Sole prerogative--It is a sole prerogative of Hon’ble Chief Justice of Azad Jammu and Kashmir to determine necessity of ad-hoc Judge in Supreme Court--An order, letter or Notification can only be set-aside in exercise of writ jurisdiction, if it violates any legal provision but no such situation exists in present case, as no violation of law or of any instrument having force of law has been shown--Notification of appointment of Respondent No--6 is completely as per scheme of Constitutional command--Ad-hoc Judge is at par with permanent Judge of Hon’ble Supreme Court for all practical purposes. [Pp. 87, 89 ,  90] B, F, G ,  H PLD 2012 Lahore 52, PLD 2009 SC 28 ,  2007 SCMR 1318 ref. Azad Jammu and Kashmir Interim Constitution, 1974-- ----Art. 42(8)--Appointment of ad-hoc Judge of Supreme Court--It is necessary to increase temporarily number of Judges of Supreme Court, Chief Justice of AJK may in writing, request any person qualified for appointment as Judge of Supreme Court with approval of worthy President to attend sitting of Court as an Ad-hoc Judge and he shall have same powers and jurisdiction as a Judge of Supreme Court. Words and Phrases-- ----Necessity--The word necessity has been defined in/ 11th Edition Black’s Law dictionary as under: Necessity:- A force or influence that compels an unwilling person to act--The term refers to a lack of free will to do a legal act, as opposed to libera voluntas (free will). A force, power, or influence which compels one to act against his will.[P. 88] C Azad Jammu and Kashmir Interim Constitution, 1974-- ----Art. 44--Jurisdiction--Writ jurisdiction can only be exercised, where there is violation of law or principle of law. 2015 SCR 837 ref. Azad Jammu and Kashmir Interim Constitution, 1974-- ----Art. 42-A(8)--Process for appointment--According to Article 42-A(8) of Azad Jammu and Kashmir Interim Constitution, 1974, Hon’ble Chief Justice of Azad Jammu and Kashmir has to initiate process for appointment of ad-hoc Judge and notification is issued with approval of worthy President.[P. 89] E JUDGMENT…

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