Kashmir Media Watch (KMW) is an electronic newspaper cum news agency

Tuesday, April 13, 2010

Law affects daily lives of people: JKCHR writes to AJK SJC

LONDON, 12 Apr: Jammu and Kashmir Council for Human Rights (JKCHR) has taken cognizance of an allegation made by ex-Registrar of AJK High Court in his testimony in reference case pending before AJK Supreme Judicial Council and has conveyed its interest to be party in the case to the Chairman Supreme Judicial Council.
Secretary General JKCHR Dr. Syed Nazir Gilani has said that People of State of Jammu and Kashmir are engaged in a Rights Movement and the people distributed under three administrations need to have judges in judicial robes, who are remarkably dedicated public servants and are profoundly decent human beings.
Nazir Gilani in his letter sent to Chairman AJK Supreme Judicial Council  has said that in this day when the judges of independent mind are needed, with a record of excellence and integrity, a fierce dedication to the rule of law and a keen understanding of how the law affects the daily lives of the people, the allegation made by the witness ex Registrar of AJK High Court against a second Supreme Court judge if proven raises a fundamental question whether some of our judges have been wearing the judicial robe with due honour and humility or not.

Subscribing JKCHR interest in the reference case Dr. Nazir Gilani adds that the allegation further embeds the risk that Government of Pakistan, which has assumed trust duties under UNCIP Resolutions and have authored a ‘Constitutional Discipline’ for the people guaranteeing fundamental rights and providing a better Government and administration of AJK until such time as the status of Jammu and Kashmir is “determined in accordance with the freely expressed will of the people of the State through the democratic method of free and fair plebiscite under the auspices of the United Nations as envisaged in the UNCIP Resolutions adopted from time to time,” may have failed in its trust obligations during the appointment of judges in AJK.

JKCHR letter to chairman Supreme Judicial Council adds that it is understandable that a judge of the manner as described by the ex-Registrar of High Court can’t be trusted that he could have understood as to how the law shapes the lives of ordinary people in real and practical ways. Unfortunately a judge as described by the Registrar in his testimony could not have the ability to enrich the lives of everyone at the court through his intellect, independence, and warm grace. An independent and impartial judiciary and legal profession are prerequisites for the protection of human rights and the prevention of discrimination in the administration of justice.

JKCHR has subscribed its interest in the present hearing of Reference filed against Chief Justice of AJK Justice Riaz Akhtar Chaudhry. It has pointed out that the NGO wishes to know whether the Registrar has been cross examined by the defence and what degree of credibility the SJC has accorded to a serious allegation made against the judge of the Supreme Court. It has a serious bearing on the judicial culture in Azad Kashmir and it throws into full dispute the credibility of the decisions made on his own or in partnership with other brother judges by this judge.

JKCHR letter submits that unless there is a mala fide embedded in the statement of the Registrar the allegation accrues a liability of all sorts. If SJC is minded to call the judge as a witness, JKCHR would like to cross examine the Registrar and the judge without prejudice to anyone. We would like to cross examine other witnesses who have testified so far. (SANA)

No comments:

Post a Comment