| Citation(s) |
|---|
| 1999 SLG 897 1999 SLD 897 1999 CLC 913 |
Supreme Court (AJ&K)
Civil Appeal No.30 of 1997, decision dated: 14-10-1997, hearing DATE : 6-10-1997 (On appeal from the judgment of the High Court, dated 18-3-1997 in Writ Petition No.208 of 1996)
BASHARAT AHMAD SHAIKH AND MUHAMMAD YUNUS SURAKHVI, JJ
Sardar Rafique Mahmood Khan, Advocate for Appellant M. Tabassum Aftab Alvi, Advocate for
Respondent No. 2
Civil Appeal No.30 of 1997, decision dated: 14-10-1997, hearing DATE : 6-10-1997 (On appeal from the judgment of the High Court, dated 18-3-1997 in Writ Petition No.208 of 1996)
BASHARAT AHMAD SHAIKH AND MUHAMMAD YUNUS SURAKHVI, JJ
Sardar Rafique Mahmood Khan, Advocate for Appellant M. Tabassum Aftab Alvi, Advocate for
Respondent No. 2
Hafiz MUHAMMAD ISHAQUE
VS
AZAD JAMMU AND KASHMIR GOVERNMENT and 2 others
Law:
Section:
(a) Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974)-------Ss. 44 & 42---Appeal to Supreme Court---Appellant had filed Constitutional petition before High Court to restrain respondent being appointed as Tehsil Mufti---Respondent had also filed a Constitutional petition in respect of his appointment as a Tehsil Qazi---Respondent was appointed as Tehsil Qazi as a result of the Constitutional petition and was no more interested in appointment of Tehsil Mufti---Appeal before Supreme Court became infructuous and was dismissed accordingly. (b) Administration of justice--- ---- Decision is only given about live issues; academic questions are no answered---Such practice, however, can be departed from in exceptional cases. JUDGMENT BASHARAT AHMAD SHAIKH, J.--- This appeal has been filed to challenge the judgment of the High Court announced on 18th of March, 1997, whereby three writ petitions were decided. This appeal relates to Writ Petition No.283 of 1996 titled Hafiz Muhammad Ishaq v. Azad Government and others, which was dismissed. The appellant, Hafiz Muhammad Ishaq, was also the petitioner in Writ Petition No.208 of 1996, which was accepted. Liaqat Ali Qureshi, respondent No.2 in this appeal, was the private respondent in both of them. The third writ petition was Writ Petition No.263 of 1996 titled Liaqat Ali Qureshi v. Azad Government and 2 others which was dismissed. 2. The background of the aforementioned writ petitions is that some posts of Tehsil Qazi and Tehsil Mufti were vacant and it was decided to fill them up on ad hoc basis. One post of Tehsil Qazi was reserved for District Poonch in pursuance of the quota policy. Appellant Hafiz Muhammad Ishaq. and respondent No.2 Liaqat Ali Qureshi are both from District Poonch. On 24th of September, 1996, the appellant filed a Writ Petition, being No.208 of 1996, in which he prayed for a direction that Liaqat Ali Qureshi may not be appointed as Tehsil Qazi as he did not fulfil the requisite academic qualifications. The writ petition was Accepted and the High Court declared that Liaqat Ali Qureshi was not qualified for appointment as Tehsil Qazi. An appeal filed by Liaqat Ali Qureshi, by leave of the…
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