| Citation(s) |
|---|
| 2003 SLG 974 2003 SLD 974 2003 PLC 887 2003 PLJ 129 |
Supreme Court (AJ&K)
Civil Appeal No.71 of 2002, decision dated: 3rd March, 2003.(On appeal from the judgment of the High Court dated19-4-2002 in Writ Petition No.641 of 2001).
MUHAMMAD YUNUS SURAKHVI, C.J., KHAWAJA MUHAMMAD SAEED AND CHAUDHRY MUHAMMAD TAJ, JJ
Ch. Muhammad Azam Khan and S.M. Suleman Khan, Advocates for Appellant. Mujahid Hussain Naqvi, Advocate for
Respondent No. 1 Raja Ibrar Hussain, A.-G. for
Respondents Nos.2 to 4.
Civil Appeal No.71 of 2002, decision dated: 3rd March, 2003.(On appeal from the judgment of the High Court dated19-4-2002 in Writ Petition No.641 of 2001).
MUHAMMAD YUNUS SURAKHVI, C.J., KHAWAJA MUHAMMAD SAEED AND CHAUDHRY MUHAMMAD TAJ, JJ
Ch. Muhammad Azam Khan and S.M. Suleman Khan, Advocates for Appellant. Mujahid Hussain Naqvi, Advocate for
Respondent No. 1 Raja Ibrar Hussain, A.-G. for
Respondents Nos.2 to 4.
[Supreme Court (AJ&K)]SARDAR MUHAMMAD AZIM ZIA, CUSTODIAN, EVACUEE PROPERTY, AZAD JAMMU AND KASHMIR AT MUZAFFARABADvsNAZIR AHMED QADRI and 3 others
Law: Azad Jammu and Kashmir Interim Constitution Act, 1974
Section: 44
Law: Pakistan Administration of Evacuee Property Act (XII of 1957)
Section: 6
Law: Qanun-e-Shahadat (10 of 1984)
Section: 72, 73, 74
(a) Azad Jammu and Kashmir Custodian of Evacuee Property (Terms and Conditions of Service) Rules, 1992---------R. 11---Government was bound to safeguard the interest of serving Custodian in respect of terms and conditions of his service and if any rule or any law for the time being in force was likely to affect the terms and conditions of Custodian's service, the Government was duty bound to make appropriate orders to safeguard his Constitutional legal rights---Rule 11 of Azad Jammu and Kashmir Custodian of Evacuee Property (Terms and Conditions of Service) Rules, 1992, did not envisage any review or representation by an outgoing Custodian before the Government---Said rule further envisaged that Government could riot pass any adverse order against serving Custodian without notice and without following the due process of law. Faqir Muhammad and others v. Custodian of Evacuee Property and others 1996 SCR 349; Ch. Muhammad Fayyaz, Additional Custodian, Muzaffarabad and another v. Syed Arshid Gillani, Ex-Additional Custodian, Muzaffarabad PLJ 1999 SC (AJK) 89; Syed Arshid Gillani and another v. Azad Jammu and Kashmir Government and 2 others 2000 PLC (C.S.) 66; Muhammad Latif Khan v. Sarwar Hussain and others 1995 PLC (C.S.) 182; Azad Government of the State of Jammu and Kashmir through Chief Secretary of Azad Government, Muzaffarabd v. Mujahid Hussain Naqvi and another PLJ 2001 SC (AJ&K) 50; Muhammad Siddique Farooqi v. Azad Jammu and Kashmir Government through Chief Secretary, Muzaffarabad and 3 others PLD 1994 SC (AJ&K) 13; Allah Ditta and others v. Sher Ahmed Khan and others 1993 SCR 325; Abdul Haq Mughal v. Muhammad Naseer Usmani and 2 others 2002 SCR 146; Mehmood Akhter, Kiani v. Azad Jammu and Kashmir Government and 3 others 1998 SCR 310 and Inspector-General of Police and 3 others v. Aurangzeb and 4 others 2002 PLC (C.S.) 785 ref. (b) Natural justice, principles of--- ----Principles of natural justice were supposed to be the part of every statute having the force of law---Natural justice demands that before condemning any person in any judicial or quasi-judicial proceedings, such person, must be heard. Inspector-General of Police and 3 others v.…