Law: Azad Jammu and Kashmir Interim Constitution Act, 1974

Section: 4,42

PLJ 2026 SC (AJ&K) 55 [Appellate Jurisdiction] Azad Jammu and Kashmir Interim Constitution, 1974 (VIII of 1974)-- ----Arts. 4 & 42--Writ petition--Dismissed for want of prosecution--Application for restriction--Dismissed--Failure to consider written arguments-- It is settled law that dismissal for want of prosecution is an extreme measure and Courts ordinarily lean towards adjudication on merits--Once Bench was reconstituted on very date of hearing, proper course was to issue a fresh notice to parties and re-list matter for arguments--Proceeding to dismiss writ petition for want of prosecution on same date while imposing heavy costs was not a proper course-- For these reasons, we are of view that impugned orders dated 06.06.2024 and 03.09.2024 could not be sustained--Both appeals are, therefore, accepted--Appeals accepted.                                                                                                                                                    [P. 58] A & B Order Raja Saeed Akram Khan, C.J.--The brief facts of the case are that the appellants Instituted a writ petition before the High Court, calling in question the grant of pension, perks, and privileges to Respondent No. 4, Syed Manzoor Hussain Gillani (Retired Judge, Supreme Court), as Chief Justice of Azad Jammu and Kashmir. Vide judgment dated 06.06.2024, the learned High Court dismissed the writ petition for want of prosecution and further…