AJK Judicial (Policy Making) Committee Act, 2017

—Legislative background—object & purpose of—reforms and progressions of institutions and governing systems cannot be clogged up just on assumption of mere ostrich optimism—realizing the challenges and emerging issues posed to the judicial system legislature felt it expedient to make enactment in this regard by empowering the superior judiciary to assess better the problems of the judicial system and its all components and suggest and make policies for more efficient working—in order to achieve these noble goals, the legislature has enacted the Act, 2017, for the purpose to constitute a high-level Committee to co-ordinate and harmonize the judicial policy. Muhammad Yasir Safeer Mughal Versus Fayyaz Ahmed Janjua & 6 others 2021 SCR 6 (C)
—Sections 3 & 4—Challenge to—writ—section 4 of Act challenged on the ground that it offends the independence of judiciary—observed that the Committee has to work for improving the capacity and performance of administration of justice—setting performance standards for judicial officers etc.—nothing is provided in section 4 which violates the independence of judiciary–the very purpose of the Committee is to formulate a policy appliable to all over the AJ&K—no person of prudent mind can accept that how the constitution of such like Committee, which has to work for betterment of the administration of justice, efficient disposal of the cases and ensuring the efficient and skilled judiciary, is against the concept of independence of judiciary—the thrust of constitution of the Committee is to consolidate and strengthen the concept of independence of judiciary—it further empowers the Court to do the judicial work in a more independent, transparent, reformed and progressive manner. Muhammad Yasir Safeer Mughal Versus Fayyaz Ahmed Janjua & 6 others 2021 SCR 6 (D&E)
—Sections 3 & 4— National Judicial (Policy Making) Committee Ordinance, 2002—writ—the Committee has been constituted to co-ordinate and harmonize judicial policy within the Court system— the words “Court System” (also used in Ordinance, 2002) include Supreme Court, High Court, all the subordinate Courts and Tribunals—it cannot be said that there is a single High Court in Azad Jammu and Kashmir due to which co-ordination and harmonization of judicial system is not possible. Muhammad Yasir Safeer Mughal Versus Fayyaz Ahmed Janjua & 6 others 2021 SCR 6 (I)