Justice Muhammad Shiraz Kiani, senior most judge of the Azad Jammu and Kashmir (AJK) High Court, passed away in an Islamabad hospital on Monday morning of brain paralysis after more than a month long hospitalisation, leaving the court with only one judge against its sanctioned strength of nine.
Born in August 1965 in Ratta village of Mirpur district, Justice Kiani had joined judicial services as a civil judge in October 1995 and was elevated to the bench of the High Court in September 2015 “on account of his lengthy and meritorious service in the subordinate Judiciary,” according to the court’s website.
On March 19 this year, AJK president had appointed him as acting chief justice to assume the office after the retirement of his predecessor Justice Azhar Saleem Babar on March 22.
He took the oath of office on March 24 in Kashmir House Islamabad, a day before he was hospitalized there for treatment in the wake of a multitude of medical conditions.
On Sunday night he suffered brain paralysis that took his life within 12 hours, according to family sources.
Mr Kiani will be laid to rest in his ancestral town of Dadyal after the funeral prayer at 11am on Tuesday, they said.
His sudden death plunged not only the legal fraternity in gloom but also people from all walks of life as he enjoyed the reputation of a thorough professional without any slightest political leanings.
Social media was flooded with condolence messages from across the state as well as from the Kashmiri diaspora members.
“From subordinate to superior judiciary, Justice Muhammad Shiraz Kiani remained a celebrated jurist with invaluable services for dispensation of justice to all and sundry. His untimely death is an irreparable loss in [the] true sense of words…” wrote AJK Prime Minister Raja Farooq Haider on Twitter.
“Today is a very sad day for me and all of us. Justice Shiraz Kiani has left us. In March, he was sworn in as Acting Chief Justice of AJK High Court. A soft-spoken professional known for humility and justness left for his eternal abode...” tweeted AJK President Sardar Masood Khan.
AJK SUPERIOR COURTS SHORT OF JUDGES
While Justice Kiani was unable to perform his functions due to illness, Justice Sadaqat Hussain Raja, the next senior judge, was appointed as acting CJ on April 17 till the former resumed his responsibilities.
It may be relevant to recall that since November 2019, the AJK High Court has seen removal of six judges due to flaws in the process of their appointment.
On Nov 15, 2019, the then CJ M Tabassum Aftab Alvi was the first of the six judges to go and ever since the High Court is being run by an acting CJ, firstly by Justice Azhar Saleem Babar and late by Justice Kiani.
After the demise of Justice Kiani, the AJK High Court has now been left with only one judge – acting CJ Sadaqat Hussain Raja - against its sanctioned strength of nine.
On the other hand, the AJK Supreme Court is also working with only one judge – acting chief justice Raja Saeed Akram Khan – since December last year against its sanctioned strength of three.
Under Article 42(4) of the AJK Constitution, AJK President appoints the Supreme Court CJ on the advice of the AJK Council chairman – Prime Minister of Pakistan - and under Article 43(2-A) the High Court CJ is appointed by the President on the advice of the AJK Council and after consultation with the apex court’s CJ.
Each of the other judges of both courts is appointed by the president on the advice of the chairman council after consultation with the chief justice(s).
Due to the non-appointment of the permanent CJs, the process for the appointment of judges in both courts has been in limbo since long, triggering a serious judicial crisis in the territory.
A number of submissions or ‘warnings’ in black and white, protest demonstrations and other peaceful measures by the AJK’s legal fraternity have failed to press the AJK Council chairman to appoint permanent CJs which subsequently has been obstructing the process for appointment against the vacant posts of judges.
15th CONSTITUTIONAL AMENDMENT TO RESOLVE CRISIS
It was in the wake of the very “inaction” on the part of the prime minister of Pakistan the AJK government was said to have decided to introduce 15th constitutional amendment to reclaim the authority to appoint judges from the AJK council chairman.
“We will discuss and approve the 15th amendment bill in the cabinet meeting and table the same in the Legislative Assembly session on Tuesday,” a cabinet minister told this scribe on Monday evening, moments before the cabinet meeting in Kashmir House, with Prime Minister Raja Farooq Haider in the chair.
The minister, who did not want to be identified, claimed that the move was taken in consultation with the central government “for a specified period” to address the ongoing judicial crisis.
A press release issued by Raja Muhammad Wasim, press secretary to Prime Minister Haider, after the meeting stated that the cabinet had consented to an “interim procedure to address the issues arising out of the judicial crisis by making appointment of permanent CJs and judges for a period of two months.”
However, late night developments suggested that the exercise had been shelved following reservations either by the central government or the powers that be.
Tariq Naqash
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