AJK Law Department Manual, 1984

  1. Rule 3 (3) Rule 7 — Under rule 3(3), the Law Department has the general charge of all the legal affairs of the Government and the legal proceedings, taken by, or against or affecting the Government — Under rule 7 the law Department is responsible to conduct the Government. Litigation, including the representation in criminal cases, appeals and granting sanction for prosecution and filing of appeals etc. Ehtesab Bureau v. Rashid Ah. Katal 2011 SCR 512 (F)
  2. R. 23 — Nowhere the word “writ petition” has been used — The definition of word “suit” even includes an application for execution of decree — The High Court by strictly construing the words “writ petition” which were mis-described in the Govt. sanction dismissed the appeal — Such a narrow construction should not have been made by High Court — At the most it was an irregularity which was curable. AJK Government v. Ghulam Rasool Loon another 2000 SCR 611 (A)
  3. Proviso 2 of rule 29 — sanction for filing appeals, review etc. — in absence of Law Minister, who has been delegated with the powers of granting approval for filing appeals, review etc., the Secretary Law shall stand delegated with the same powers under rule 17 and 29 of Law Department Manual. Azad Govt. & 3 others v. Mrs. Jamshed Naqvi & 2 others 2014 SCR 13 (A)
  4. R. 29 — A cause instituted or filed before a notification issued by competent authority can be validated provided the limitation for its filing still remains. Abdul Razzaq & 7 others v. Anwar Hussain & 5 others 2005 SCR 194 (A)
  5. Rules 29 & 35 — According to respondents they have been aggrieved by appointment of petitioner as Advisor….Because when he will exercise the powers, then their schemes will be affected and other official works will also suffer — Held: This version reveals that they filed writ petition in their official capacity as Ministers and they want that their official business and powers vested in them should not be jeopardized — According to rules 29 and 35 of Law Department Manual no such kind of writ petition can be filed without sanction of Government — Held further: both the writ petitions have been filed without the sanction of Government — Therefore, the writ petitions were not maintainable. Ch. M. Yasin v. Sr. M. Naeem Khan 2010 SCR 17 (A) 2004 SCR 274 & 2004 SCR 284 rel.
  6. —Rule 34—it is sole prerogative of Law Department to engage a counsel to defend the Government. Javed Iqbal v. D.G Local Govt. & others 2022 SCR 699 (B) 2011 SCR 299 rel.
  7. SS. 34 & 36 — Prosecution of cases in Courts of law — Engagement of counsel on behalf of Government — Under section 34 of the Manual, it is the sole prerogative of the Law Department to engage a counsel to defend the Government — Under section 36 of Law Department Manual, on receipt of a notice from any Court by the public office holder, the said officer is bound to submit a report to Law Department through head of Department. Mumtaz Rasool Mir v. Tariq Mir & 6 others 2011 SCR 299 (E & F)
  8. Rules of business 1985 — All the departments of Secretariat are mentioned in Rules of Business — In the schedule the law Department figures at serial No. 19 — There can be no other view that Law Department is a part of Government Secretariat — No doubt certain qualifications have been laid down for certain posts in Law Department for certain posts  — The vacancy of Draftsman of Law Department, like Secretary Law is in B-20 and no person from Secretariat can ask for promotion against the posts merely on the basis of his seniority .The reason is that the people serving in Law department are required to possess professional and technical qualification — Under law the Government is legally competent to appoint any person in Law Department through transfer from any other branch of the civil Secretariat if in its wisdom he can fulfil the requirement of job in Law Department — Even direct induction can be made in the department — The prerogative of the Government to fill in the vacancy in Law Department cannot be questioned — The only criteria is that a person sent to serve in Law Department through transfer or by promotion must possess technical qualification — It is the requirement of public interest that a person should be adjusted against a post who is suitable and capable to meet the requirement of that post. AJK Govt. and another v. Shakir Shah and 7 others 2001 SCR 352 (A)
  9. Section 34 — Government sanction was under process — no any request was made before the High Court for placing the same on record — the learned counsel conceded that he was engaged by the petitioners without getting permission of the law Department — The copy of notification dated 15.03.2012, referred to by the Additional Advocate-General before this Court cannot be considered as the same has been obtained after filing of appeal before the High Court. Held: It may be observed here that law is equal for everybody. The special treatment cannot be extended to the Government Functionaries. Department of Agriculture & another v. Raees Khan & others 2015 SCR 1501 (1)PLJ 1989 SC 411, rel. 
  10. Power of attorney—Execution of—Held: The sole reason advanced in the appeal is non-furnishing of the power of attorney on behalf of the appellant through Chief Secretary. In my opinion, the stated reason appears to be misconceived as due to change in law now the power of attorney on behalf of the Government through Chief Secretary is no more required. In the Azad Jammu and Kashmir Law Department Manual, 1984 amendments have been introduced vide Government Notification dated 19.5.2016 and the power of attorney on behalf of the Government  now has to be executed by the Secretary of the department having concern with the subject matter. Azad Government v. Pervaiz Akhter & others 2017 SCR 677 (A)
  11. —Sanction for filing appeal—competency of appeal  —Held:- “ admittedly, before the High Court neither the appellant was party nor anything has been mentioned in the memo of appeal filed before this Court that how he is aggrieved for filing appeal. Same like, the notification of sanction of filing appeal issued on 4.6.2015(available at page 28 of the paper book) also does not prove that any sanction by the Government has been granted for filing appeal on behalf of the Secretary. In this State of affairs, there is no hesitation in holding that this appeal has been filed incompetently without proper sanction of the Government. In the above referred notification the sanction has been granted for filing appeal against the impugned judgment of the High Court. It shall be construed that the sanction is granted to file appeal on behalf of the persons who are parties in the impugned judgment and not on behalf of a stranger. If there is any justification for filing appeal on behalf of the Secretary, then the Government should have specifically granted sanction for filing appeal on behalf of the Secretary for Department”. Secretary Education v. Imtiaz –ur-Rehman & others 2017 SCR 676
  12. —PLA filed by civil servants/public officers of Forrest Deptt. —competency of—held: Under the provisions of the Law Department Manual, 1984, the petitioners being public officers/civil servants of the Forest Department without previous sanction of the competent authority cannot file the appeal/PLA. Raja M. Asgher & another v. State & others 2017 SCR 1290 (A)
  13. —public officer “term”— meaning of—The term “public officer” is defined in the Law Department Manual that “Public Officer’ means and includes a member of civil services of Azad Jammu & Kashmir or any other services maintained under authority of Government. Raja M. Asgher & another v. State & others 2017 SCR 1290 (B) —Rule 29—appeal by public officer—sanction of— Under the provisions of rule 29 of the Law Department Manual, 1984, no appeal on behalf of the public officer is competent without sanction of the Minister Incharge and in case of his absence the Secretary Law. Raja M. Asgher & another v. State & others 2017 SCR 1290 (C)
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