Case of misconduct: AJK SC advises minister to study law

MIRPUR (AJK): Aug 12 (APP): The Supreme Court of Azad Jammu Kashmir here on Friday, in a case of misconduct, advised the AJK minister for law and parliamentary Sardar Faheem Akhter Rubbani to study the law and the constitution.

The learned court comprising full bench of the apex court of AJK headed by Chief Justice Mr. Justice Raja Saeed Akram Khan with judges – Muhammad Justice Raza Ali Khan and Mr. Justice Khawaja Muhammad Nasim started the proceeding of the case in continuation of the top court notice served to the AJK law minister Faheem Akhter Rubbani on August 10, 2022.

As reported earlier, the Judges Council comprising top Judges of the Supreme Court of Azad Jammu and Kashmir had unanimously decided on Wednesday to summon the AJK Minister for Law, Justice, Parliamentary Affairs and Human Rights Sardar Akhtar Rubbani to appear, in person, before the apex court on August 12 – Friday to explain about his alleged misconduct of directly contacting, by phone, to the honorable Chief Justice of Azad Jammu Kashmir Justice Raja Saeed Akram Khan over an absolutely irrelevant and unconcerned matter.

In response to the orders of the AJK Supreme Court, the AJK law minister Faheem Akhter Rabbani on Friday appeared before the full bench of the apex court in person along with the Advocate General and submitted his clarification in writing by framing entire responsibility of the episode on his personal assistant.

The AJK SC strongly reprimanded the minister declaring his act and deed absolutely contradictory.

Responding to that the minister prayed to the court that he would offer unconditional apology.

The learned apex court, however, advised the minister to submit his apology in writing in the court within next one week – besides directing him to immediately withdraw the orders of the suspension of his Personal Assistant. The court also ordered the law minister Faheem Akhter Rabbani to submit the implementation report, in response to the above orders of the learned court, to the Registrar of the court.

The case shall be taken up after summer vacation at Muzaffarabad, the court ordered.

Earlier while hearing the case, the Chief Justice Mr. Justice Raja Saeed Akram Khan reportedly remarked that why not the law minister should be sent without the official flag car.

The honorable AJK CJ remarked about the law minister: “You seem to be in any political pressure. You don’t have your own thinking – rather seems like you are playing in the hands of others. You don’t know your office work – since several issues related to your department are still lying incomplete. You must be seriousness in yourself”.

The learned judge Mr. Justice Raza Ali Khan asked the law minister why he was seeking meeting of the Secretaries of the political parties with the Chief Justice ? What is the link of the Supreme Court to this message of the law minister in connection with the Local Bodies elections in Azad Jammu Kashmir ? On this question, the minister responded by saying “sorry.”

It may be recalled that the Supreme Court of Azad Jammu Kashmir in a short order announced in Mirpur on Wednesday stated that “after performing the routine court work on Wednesday, the Chief Justice of Azad Jammu and Kashmir Raja Saeed Akram Khan, accompanying the Judges, proceeded to offer Fateha over the demise of sister of former Chief Justice of Azad Jammu and Kashmir, Justice [Retd] Mohammad Azam Khan, at his native village in outskirts of Mirpur city.

At about same time, the Chief Justice received a telephone call from the P.A to the AJK Law Minister, who told the Chief Justice that the minister for law wanted to talk to him.

“After keeping the Chief Justice on hold, the Minister Law came on line and requested for convening the meeting of Secretaries of the political parties. Prima facie, this indecent act of the Law Minister is contemptuous and amounts to undermine the authority of the Chief Justice, who has nothing to do with the meeting of Secretaries of the political parties,” the short order by the apex court said.

The short order continued as saying “keeping in view the gravity of the matter, a meeting of Judges Council was immediately convened and the conduct of the Minister Law was discussed”.

The Council unanimously decided to call explanation from the Minister Law, regarding his conduct”, the short order said,.

“In view of the decision taken, the office is directed to issue notice to the Law Minister to appear in person along with the explanation that under what authority/capacity he directly talked to the Chief Justice and made the request for the meeting with the Secretaries of the political parties. He will also explain the way he talked to Chief Justice on telephone. A notice shall also be issued to the Advocate General to ensure his presence. The matter shall be placed before the Court on Friday, the 12th instant”, the short order concluded.