3

THE AZAD JAMMU AND KASHMIR SHARIAT COURT ACT, 1993 THE AZAD JAMMU AND KASHMIR SHARIAT COURT ACT, 1993 (ACT IX OF 1993) [Dated March 16, 1993] AN ACT to provide for law relating to the constitution of Azad Jammu and Kashmir Shariat Court. WHEREAS it is expedient to provide for law relating to the constitution of Azad Jammu and Kashmir Shariat Court, in the manner hereinafter appearing ; It is hereby enacted as follows :‑ 3. The Azad Jammu and Kashmir Shariat Court. (1) There shall be constituted for the purposes of this Act a Court to be called the Azad Jammu and Kashmir Shariat Court. (2) The Court shall consist of two Muslim judges including the Chief justice to be appointed by the President. (3) The Chief Justice shall be a person who is, or has been or is qualified to be a judge of the Supreme Court and a judge shall be a person who is, or is qualified to be a judge of a High Court. (4) The Chief Justice and a Judge shall hold office for a period not exceeding three years; Provided that a retired judge appointed as Chief Justice or judge shall not hold office later than three years from the date of his retirement; Provided further that the President may re‑appoint the Chief justice or the judge, as the case may be, for a period of two years; Provided further that the Chief justice appointed beyond the aforesaid period shall be deemed to have been validly appointed. (5) The Chief Justice if lie is not a judge of the Supreme Court and a Judge who is not judge of the High Court, may, by writing under his hand addressed to the President resign his office. (6) The Principal seat of the Court shall be at Muzaffarabad. (7) Before entering upon office, the Chief Justice and a Judge shall make before the President or a person nominated by him oath in the form set out in the Schedule. (8) At any time when the Chief Justice or a judge is absent or is unable to perform the functions of his office, the President shall appoint another person qualified for the purpose to act as Chief justice or, as the case may be, the judge. (9) At any time when the Court is not complete or it is not possible for want of quorum of judges of the Court to hold or continue any sitting of the Court or for any other reason it is necessary to increase temporarily the number of judges of the Court, the Chief Justice may in writing, with the approval of the President, request a person who is duly qualified for appointment as judge of the Court to attend the sitting of the Court as an ad hoc Judge for such period or such cases as may be necessary and while so attending an ad hoc Judge shall have the same powers and jurisdiction as are vested in the judge of the Court. (10) (i) A Chief justice who is not a judge of the Supreme Court shall be entitled to the same salary, allowances and privileges as are admissible to a Judge of the Supreme Court and Judge who is not a Judge of a High Court shall be entitled to the same salary, allowances and privileges as are admissible to a Judge of a High Court; (ii) A sitting judge if appointed as Chief justice or judge of the Shariat Court shall be entitled to the same salary, allowances and privileges as are admissible to such judge, before appointment as Chief Justice or as the case may be, the judge in the Shariat Court.