- AJ&K Interim Constitution Act, 1974 — section 41— ordinance — promulgation of — word ‘immediate’ not considered — non-existence of emergent circumstances nor action taken by the President was ‘immediate’— held: promulgation of Ordinance No. XVIII not proper and valid legislation. Azad Govt. & 4 others v. Sardar Javed Naz & 2 others 2016 SCR 400 (G)
- Re-promulgation of — just to defeat the judgment of Supreme Court — amounts to practicing fraud — provisions of section 41 of Act, 1974 were invoked, not to make legislation in compliance of the judgment of this Court rather just to appoint the Judges in the Shariat Court; therefore, in the light of the legal precedents exercise of legislative powers in the manners as cited hereinabove, is a fraud played with the Constitution which cannot be given any legal cover. Azad Govt. & 4 others v. Sardar Javed Naz & 2 others 2016 SCR 400 (I) AIR 1987 SC 579 rel.
- Section 4-A — Shariat Court — unique nature — purpose to determine validity of laws on touchstone of Sharia Laws — Alim Judge— wisdom behind appointment of— qualification of — Held:court direction regarding appointment of Alim Judge has not been complied with by mere appointment of Non-Alim Judges. Azad Govt. & 4 others v. Sardar Javed Naz & 2 others 2016 SCR 400 (L)
- Shariat Court Judges — appointment of — consultation of the Chief Justices is the basic mandatory requirement — the consultation of the Chief Justices is the basic mandatory requirement to judge the fitness of a candidate for Judgeship and it is now settled that there is no concept of Judges without consultation of two Chief Justices. Azad Govt. & 4 others v. Sardar Javed Naz & 2 others 2016 SCR 400 (M) 2014 SCR 1259 &PLJ 2012 SC (AJ&K) 226 rel.
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