December 09 , 2019
Syed Amjad Shah, Vice-Chairman, Pakistan Bar Council has expressed his serious concern on apparently unconstitutional ouster of Mr. Justice Tabassum Aftab Alvi, the Chief Justice of Azad Jammu & Kashmir High Court, and that too by his peer Judge. Mr. Justice Tabassum Aftab Alvi was appointed as Judge of the AJK by the Court in February, 2011 and subsequently, in April, 2017 was elevated as Chief Justice of the said High Court but it is ironical that after despite of his having remained on the Bench for more than 8 years, he has been ousted from the coveted post just on flimsy ground. It is also noteworthy that previously his appointment was challenged twice, also including the present Petitioner but the Petitions so filed were dismissed once by the single Judge and the other by the Division Bench of the High Court and the said decision later on were also upheld by the Supreme Court of AJK. The unconstitutional and un-ceremonial ouster of Mr. Justice Tabassum Aftab Alvi from the office of Chief Justice of AJK, High Court, seems his bold decision even individuals whose appointment as Judges of Shariat Court of AJK, were nullified.
The Vice-Chairman, Pakistan Bar Council, while severely criticizing the ouster of Mr. Justice Tabassum Aftab Alvi, has termed it as unconstitutional and attack on the independence of AJK Judiciary which action the legal fraternity of Pakistan disapproves and, therefore, demands of the Hon’ble Chief Justice of the Supreme Court of AJK to look into the matter and consider the possibility for taking appropriate remedial steps for ensuring upholding of the Constitutional process in its true spirit.