Law:

Section:

Arced Jammu and Kashmir High Court (Procedure) Rules, 1984-------S. 34---Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974), S.42---Appeal to Supreme Court---Grant of interim relief ---Validity--­ Respondent/petitioner in his Constitutional petition filed before High Court had challenged Ehtesab Act, 1997 and proceedings against him under the said Act--­ High Court admitted Constitutional petition and granted interim relief to respondent without issuing seven days' notice as required under R.34 of Azad Jammu and Kashmir High Court (Procedure) Rules, 1984---Legality---Violation of said rule had rendered interim relief granted to respondent/petitioner as patently illegal---Interim relief granted to respondent was vacated by Supreme Court with the direction that application for interim relief moved by respondent/petitioner in High Court would be deemed to be pending. Aisha Hameed Qadri v. Nomination Board and 6 others 1997 SCR 1; Abdul Khalil v. Manzoor Ahmad and 5 others 1997 SCR 85; Azad Government and another v. Sardar Pervaiz Khan 1994 SCR 254; Minister of AKLASC and another v. Rasheed Farooq Dar and another Civil Appeal No.55 of 1995 and Muhammad Aslam and others v. Kh. Nazir Ahmad and others Civil Appeal No.88 of 1997 ref. JUDGMENT BASHARAT AHMAD SHAIKH, J.--- The High Court admitted to regular hearing a writ petition filed by the respondent to challenge Ehtesab Act, 1997 as well as proceedings being taken under the said Act against respondent. A learned Judge in the High Court granted interim relief that respondents in the writ petition, Azad Government, Chief Ehtesab Commissioner, Director-­General, Ehtesab Cell etc. "should restrain to arrest the petitioner under the Ehtesab Act, 1997, till further order, subject to objection from other side". The admission order as well as the interim relief were challenged by filing petition for leave to appeal which was granted giving rise to the present appeal. We have heard the learned counsel for the parties. It is vehemently contended by Kh. Sahahd Ahmed, the learned counsel for the appellants, that the High Court granted interim relief in violation of Rule 34 of the High Court (Procedure) Rules, 1984.…

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