acting CEC appointed in AJK 'in a controversial manner'

The Azad Jammu and Kashmir (AJK) government on Tuesday appointed the AJK High Court Chief Justice Ghulam Mustafa Mughal as acting Chief Election Commissioner (CEC) in a move that an opposition lawmaker said amounted to infringement of the Interim Constitution Act 1974.

“In exercise of powers conferred by section 6-A of the AJK Chief Election Commissioner (Terms and Conditions) Act, 1992, as amended vide Ordinance XIX of 2015, the AJK President, after consultation with the AJK (Supreme Court) Chief Justice, has been pleased to appoint Mr Justice Ghulam Mustafa Mughal, Chief Justice AJK High Court, as acting CEC in addition to his duties as High Court CJ, till the appointment of (permanent) CEC,” said a notification issued by the AJK law department here.

“The notification shall take effect on and from the date Justice Mughal takes upon himself the oath of this office,” it added.

An official spokesman told this scribe that Justice Mughal would be administered oath at 11:30 am on Wednesday.

Under section 50 of the AJK Interim Constitution Act, 1974, the CEC is appointed by the AJK President on the advice of the Council (headed by the Prime Minister of Pakistan as Chairman) on such terms and conditions, as may be prescribed (by law or rules made thereunder).

However, the issue had become an area of contention between the governments in Muzaffarabad and Islamabad, after the retirement of Justice Munir Ahmed Chaudhry on April 14, 2015, who was holding the additional charge of this office since April 27, 2013.

On September 11, the Council sent an advice to the AJK government for the appointment of Justice (retired) Munir as CEC for one year and 15 days, i.e. the remaining period of his previous term of three years.

However, the AJK government did not comply with the advice, and instead filed a reference in the AJK Supreme Court that which authority was competent to legislate about the terms and conditions of CEC in the present situation.

Interestingly, the AJK Chief Election Commissioner (Terms & Conditions) Act was passed by the AJK Assembly in 1992 and by the Council in 2000.

The Apex Court opined on October 21 that the matter relating to the terms and conditions of the CEC was within the legislative competence of the AJK Assembly and not the AJK Council.

After the apex court opinion the AJK government promulgated Ordinance XIX of 2015, whereby section 6-A was inserted in the 1992 Act to create room for the appointment of acting CEC.

However, in the meanwhile, the Council sent advice for appointment of Justice Mughal as permanent CEC. Instead of following the advice, the AJK government locked horns with the Council, maintaining that Justice Mughal did not figure in the 3-member panel it had sent to the Council for the purpose.

In the meanwhile, the AJK government asked the AJK Supreme Court CJ to recommend any judge as acting CEC. As the SC CJ also proposed Justice Mughal, the government initiated the case for his appointment as acting CEC. The summary was however withheld by the chief secretary on the grounds that since the constitutional advice from the Council for appointment of permanent CEC had already been received, there was no reason to appoint an acting CEC.

On Monday, the AJK President allegedly wrote to the chief secretary to return the summary, lying pending with him. While that was yet to happen, the government initiated a fresh case for appointment of acting CEC and got the notification issued from the law department on Tuesday, without involving the chief secretary’s office.

Under section 7 (b) of the Rules of Business, all cases submitted to the Prime Minister are required to be routed back through the chief secretary. However, sources confirmed that the summary regarding Mr Mughal’s appointment was not routed back through the chief secretary’s office.

Chaudhry Tariq Farooq, deputy opposition leader in the AJK Assembly and PML-N senior vice president, said the government had infringed the interim Constitution Act, 1974 by ignoring the advice of the Council.

“Unfortunately the AJK government is on a warpath under a well thought out conspiracy and in doing so is trespassing not only the subordinate laws but also the supreme law, that is the Constitution,” he said. 

... Tariq Naqash