RULE

SUPREME COURT OF AZAD JAMMU AND KASHMIR SUPREME COURT OF AZAD JAMMU AND KASHMIR The Supreme Court was established in Azad Jammu and Kashmir in place of judicial Board, constituted under the Azad Jammu and Kashmir Judicial Board (Constitution and & Jurisdiction) Act, 1974 (Act XX of 1974); after coming into force of the Azad Jammu and Kashmir Interim Constitution (First Amendment) Act, 1975 the said Act XX of 1974 became redundant and inoperative. The text of relevant sections is given below:‑ (Substituted by the AJ&K Interim Constitution (First Amendment) Act, 1975 (Act IX of 1975).)[42. Supreme Court of Azad Jammu and Kashmir.‑ (1) There shall be constituted a Supreme Court of Azad Jammu and Kashmir to be the highest court of appeal. (2) Subject to the provisions of this Act, the Supreme Court of Azad Jammu and Kashmir shall have such jurisdiction as is or may be conferred on it by this Act or by or under any law. (Substituted by the AJ&K Interim Constitution (Third Amendment) Act, 1976 (Act VIII of 1976) and further substituted by the tenth Amendment Act, 1993 (Act XX of 1993).) [(3) The Supreme Court shall consist of a Chief Justice to be known as Chief Justice of Azad Jammu and Kashmir, and two other Judges.] (4) The Chief Justice of Azad Jammu and Kashmir shall be appointed by the President on the advice of the Council and each of the other Judges of the Supreme Court of Azad Jammu and Kashmir shall be appointed by the President on the advice of the Council after consultation with the said Chief Justice. (5) A person shall not be appointed a judge of the Supreme Court of Azad Jammu and Kashmir unless he has ‑‑‑‑‑‑ (a) for a period of, or for periods aggregating, not less than five years been a Judge of a High Court ; or for a period of, or (b) for periods aggregating, not less than fifteen years, been an advocate or pleader of a High Court. Explanation.‑ In this sub‑section, "High Court" includes‑‑‑‑ (a) the High Court of Azad Jammu and Kashmir and a High Court or an equivalent Court that existed in Azad Jammu and Kashmir before the fourteenth day of August, 1947, and (b) a High Court in Pakistan including a High Court that existed in Pakistan at any time before the fourteenth day of August, 1973. (6) Before entering upon office, the Chief Justice of Azad Jammu and Kashmir shall make before the President and any other Judge of the Supreme Court of Azad Jammu and Kashmir shall make before the Chief Justice, oath in the form set out in the First Schedule. (7) A Judge of the Supreme Court of Azad Jammu and Kashmir hold office until he attains the age of sixty‑five years. unless he sooner resigns or is removed from office in accordance with law. (8) At any time when the office of the Chief Justice of Azad Jammu and Kashmir is vacant, or the Chief justice, is absent or unable to perform the functions of his office due to any other cause, the President shall appoint the most senior of the other judges of the Supreme Court of Azad Jammu and Kashmir to act as Chief Justice of Azad Jammu and Kashmir. (Added by the AJ&K Interim Constitution (First Amendment) Act, 1975 (Act IX of 1975)[(8‑A) if at any time it is not possible for want of quorum of Judges of the Supreme 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 Supreme Court, the Chief Justice of Azad Jammu and Kashmir may, in writing‑‑‑‑ (a) (Substituted by the AJ&K Interim Constitution (Fourth Amendment) Act, 1977 (Act I of 1977.)[with the approval of the President, request a person who has held the office of a judge of that Court, the Supreme Court of Pakistan or the Judicial Board or has held the office of Judge of the High Court for a minimum period of three years and since whose ceasing to hold that office three years have not elapsed; or (b) with the approval of the President and, except in the case of Chief Justice, with the consent of the Chief Justice of High Court, require a Judge of that Court who has held office as such Judge for minimum period of three years; or (c) with the approval of the President, request any person qualified for appointment as judge of the Supreme Court.] to attend sittings of the Supreme Court as an ad‑hoc Judge for such period as may be necessary and while so attending an ad‑hoc Judge shall have the same power and jurisdiction as a judge of the Supreme Court.] (9) The remuneration and other terms and conditions of service of a Judge of the Supreme Court of Azad Jammu and Kashmir shall be as provided in tile Fourth Schedule. (10) Subject to the succeeding provisions of this section, the Supreme Court of Azad Jammu and Kashmir shall have jurisdiction to hear and determine appeals from judgement, decrees, final orders or sentences of the High Court of Azad Jammu and Kashmir. (11) An appeal shall lie to the Supreme Court of Azad Jammu and Kashmir from any judgement, decree, final order or sentence of the High Court of Azad Jammu and Kashmir ‑‑‑‑‑ (a) if the High Court has on appeal reversed an order of acquittal of an accused person and sentenced him to death or to imprisonment for life, or, on revision, has enhanced a sentence to a sentence as aforesaid; or (b) if the High Court has withdrawn for trial before itself any case from any Court subordinate to it and has in such trial convicted the accused person and sentenced him as aforesaid; or (c) if the High Court has imposed any punishment on any person for contempt of the High Court; or (d) if the amount or value of the subject‑matter of the dispute in the Court of first instance was, and also in dispute in appeal is, not less than fifty thousand rupees or such other sum as may be specified in that behalf by Act of the Council and the judgement, decree or final order appealed from has varied or set aside the judgement, decree or final order of the Court immediately below; or (e) if the judgement, decree or final order involves directly or indirectly some claim or question respecting property of the like amount or value and the judgement, decree or final order appealed from has varied or set aside the judgement, decree or final order of the Court immediately below; or (f) if the High Court certifies that the case involves a substantial question of law as to tile interpretation of this Act. (12) An appeal to the Supreme Court of Azad Jammu and Kashmir from a judgement, decree, order or sentence of the High Court in a case to which sub‑section (11) does not apply shall lie only if the Supreme Court of Azad Jammu and Kashmir grants leave to appeal. (Sub‑sections (13), (14) & (15) added by the AJ&K Interim Constitution (Third Amendment) Act, 1976 and sub‑section (13) further substituted by the AJ&K Interim Constitution (Tenth Amendment) Act, 1993 (Act XX of 1993). )[(13) (a) An appeal to the Supreme Court shall be heard by a Bench consisting of not less than two judges to be constituted or reconstituted by the Chief justice; (b) If the Judges hearing a petition or an appeal are divided in opinion, the opinion of majority shall prevail; (c) if there is no such majority as aforesaid, the petition or appeal, as the case may be, shall be placed for hearing and disposal before another Judge to be nominated by the Chief Justice: Provided that if there is no other Judge, or if no other judge is able to hear the case, the judgement, decree, order or sentence appealed from shall be deemed to be the judgment, decree, order or sentence, as the case may be, of the Supreme Court: Provided further that in case of difference of opinion as aforesaid, if the difference is only in respect of the nature quantum or extent of the relief, liability, penalty or punishment to be granted or imposed, the decision of the Supreme Court shall be expressed in terms of opinion of tile senior of the two judges.] (14) Tile person holding office as Chief Justice of the State of Azad Jammu and Kashmir immediately before the commencement of the Azad Jammu and Kashmir Interim Constitution (First Amendment) Act, 1975, shall as from such commencement hold ‑ office as Chief Justice of Supreme Court under this Act on the same terms and conditions of service as were applicable to him immediately before such commencement. (15) All legal proceedings pending in the Judicial Board, immediately before the commencement of tile Azad Jammu and Kashmir Interim Constitution (First Amendment) Act, 1975 shall, on such commencement, stand transferred to, and be deemed to be pending before the Supreme Court for determination and any judgement or order of the Judicial Board delivered or made before such commencement shall have the same force and effect as if it had been delivered or made by tile Supreme Court.] (Added by Act VIII of 1976.)[42‑A. Issue and execution of processes of Supreme Court.‑ (1) The Supreme Court shall have powers to issue such directions, orders or decrees as may be necessary for doing complete justice in any case or matter pending before it including an order for tile purpose of securing the attendance of any person or the discovery or production of any document. (2) Any such direction, order or decree shall be enforceable throughout Azad Jammu and Kashmir as if it has been issued by tile High Court. (3) All executive and judicial authorities throughout Azad Jammu and Kashmir shall act in aid of tile Supreme Court. (4) Subject to this Act and law, the Supreme Court may, in consultation with the Council, make rules regulating the practice and procedure of the Court: Provided that till the new rules are framed the rules framed by the judicial Board shall, so far as they are not inconsistent with this Act and any other law, be deemed to have been made by the Supreme Court until altered or amended and references to the Judicial Board in these rules shall be construed to be references to the Supreme Court. 42‑B. Decisions of Supreme Court binding on other Courts.‑ Any decision of the Supreme Court shall, to tile extent that it, decides a question of law or is based upon or enunciates a principle of law, be binding on all other Courts in Azad Jammu and Kashmir.] 7(42‑C. Sent of the Supreme Court:‑ (1) The seat of the Supreme Court shall be at Muzaffarabad. (2) The Supreme Court may sit at such other place or places as the Chief Justice of Azad Jammu and Kashmir, with the approval of tile President, may appoint. 42‑D. Review of judgement or order by the Supreme Court:‑ The Supreme Court shall have powers, subject to the provisions of an Act of the Assembly or the Council and of any rules made by the Supreme Court, to review any judgement pronounced or any order made by it.] 45. Contempt of Court.‑ (1) In this section "Court" means the (Substituted by the AJ&K Interim Constitution (First Amendment) Act, 1975 (Act IX of 1975).)[Supreme Court of Azad Jammu and Kashmir] or the High Court. (2) A Court shall have power to punish any person who‑ (a) abuses, interferes with or obstructs the process of the Court in any way or disobeys any order of the Court; (b) scandalizes the Court or otherwise does anything which tends to bring the Court or a judge of the Court into hatred, ridicule or contempt; (c) does anything which tends to prejudice the determination of a matter pending before the Court; or (d) does any other thing which, by law, constitutes contempt of the Court. (3) The exercise of the power conferred on a Court by this section may be regulated by law and, subject to law, by rules made by the Court. Added by the AJ&K Interim Constitution (First Amendment) Act, 1975 (Act IX of 1975) [46‑A. Advisory jurisdiction.‑ (1) If, at any time, the Chairman of the Council or the President desires to obtain the opinion of the Supreme Court of Azad Jammu and Kashmir on any question of law which he considers of public importance, he may refer the question to the Supreme Court of Azad Jammu and Kashmir for consideration. (2) The Supreme Court of Azad Jammu and Kashmir shall consider a question so referred and report its opinion on the question to the Chairman of the Council or, as the case may be, the President.] 47. Administrative Courts and Tribunals.‑ (1) Notwithstanding anything herein before contained, the (Substituted by the AJ&K Interim Constitution (First Amendment) Act, 1975 (Act IX of 1975).)[Council in respect of matters to which its executive authority extends, and the Assembly in respect of matters to which the executive authority of the Government extends,] may by Act provide for the establishment of one or more Administrative Courts or Tribunals to exercise exclusive jurisdiction in respect of‑‑ (a) matters relating to the terms and conditions of persons who are or have been in the service of (Substituted by the AJ&K Interim Constitution (First Amendment) Act, 1975 (Act IX of 1975).) [Azad Jammu and Kashmir] including disciplinary matters; (b) matters relating to claims arising from tortious acts of (Substituted by the AJ&K Interim Constitution (First Amendment) Act, 1975 (Act IX of 1975).) [the Council or the] Government or any person in the service of (Substituted by the AJ&K Interim Constitution (First Amendment) Act, 1975 (Act IX of 1975).) [Azad Jammu and Kashmir] or of any local or other authority empowered by law to levy any tax or cess and any servant of such authority acting in the discharge of his duties as such servant; or (c) matters relating to acquisition, administration and disposal of any property which is deemed to be enemy property under any law. (2.) Notwithstanding anything hereinbefore contained, where any Administrative Court or Tribunal is established under sub‑section (1), no other Court shall grant an injunction, make any order or entertain any proceeding in respect of any matter to which the jurisdiction of such Administrative Court or Tribunal extends and all proceedings in respect of any such matter which may be pending before such other Court immediately before the establishment of the Administrative Court or Tribunal shall abate on such establishment. (3) An appeal to the 1[Supreme Court of Azad Jammu and Kashmir] from a judgement, decree, order or sentence of any Administrative Court or Tribunal shall lie only if the (Substituted by the AJ&K Interim Constitution (First Amendment) Act, 1975 (Act IX of 1975).)[Supreme Court of Azad Jammu and Kashmir] being satisfied, that the case involves a substantial question of law of public importance, grants leave to appeal. (Added by Act XX of 1993.)[47‑A. Employees of Court.‑ The Supreme Court and High Court, with the approval of the President, may make rules providing for the appointment of employees of the Court and for ‑ their terms and conditions of employment.] (Substituted by ibid.)[FOURTH SCHEDULE] (See Section 42 (9) The Chief Justice and the Judges of the Supreme Court of Azad Jammu and Kashmir shall be entitled to the same Salary, Allowances, Privileges and Pension as are admissible to the Chief Justice and the Judges of the Supreme Court of Pakistan.]