Law:

Section:

(a) Qanun-e-Shahadat (10 of 1984)-------Art. 129, Illus.(e)---Presumption of correctness would be attached to all official acts unless and until they were rebutted through some cogent evidence. (b) Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974)--- ----Ss. 44 & 43(2-A) [as amended by Azad Jammu and Kashmir Interim Constitution (Amendment) Act (XX of 1993)]---Azad Jammu and Kashmir Courts and Laws Code, 1949, S.5(1-A) ---Appointment of Judge of High Court with consultation of Acting Chief Justice of Azad Jammu and Kashmir High Court assailed, seeking relief to issue direction to appointee to show under what authority of law he was holding public office in his capacity as Judge of High Court and, ultimately to direct .him to vacate said office--- Ice, all acts performed by Acting Chief Justice had not only de facto validity but had acquired de jute validity by reasons of unquestioned recognition, extended to them by Courts in Azad Kashmir and later on by the Constitution itself, after it was amended strictly in accordance with provisions contained in S.5(1-A), Azad Jammu and Kashmir Courts and Laws Code, 1949---Validity of the act done by Acting Chief Justice including drawing of panel of eligible persons for their elevation as Judge of High Court, was, therefore, no longer open to challenge---No justification thus existed to issue notice to appointee to show under what authority of law he was holding his office as Judge of High Court. AI-Jehad Trust and others v. Federation of Pakistan and others PLD 1996 SC 324 and State of J&K v. Kh. Noor-ul-Amin and others 1991 MLD 1190 ref. (c) Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974)--- ----S. 44---Constitutional petition---Indecent remarks about respondent (High Court Judge) to blame him contained in Constitutional petition ---Impropriety--­Such remarks were likely to cause adverse effect on dignity, impartiality and independence of the Institution' (High Court) and might even lower down prestige of Judges in minds of general public---Such remarks could be taken notice of for action, but keeping in view that petitioner had been removed from service against his expectation that…

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