| Case ID |
2327d36d-0163-4ff7-a314-ff34c825e4fe |
| Body |
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| Case Number |
W.P. No. 1617 of 2022 |
| Decision Date |
Jul 26, 2022 |
| Hearing Date |
Jul 26, 2022 |
| Decision |
The instant writ petition is accepted by the High Court of Azad Jammu and Kashmir. The court has declared the subsequent proceedings regarding the revisiting and withdrawal of the petitioner's name as nullity in the eye of the law, rendering them without legal consequences. The respondents are directed to notify the appointment of the petitioner, FIYAZ HAIDER NAWABI, as Chairman of the Appellate Tribunal Inland Revenue Azad Jammu and Kashmir, in light of the prior approval granted on 21.02.2022, within one month. This decision reinforces adherence to the established legal procedures outlined in the Income Tax Ordinance, 2001, and the Azad Jammu and Kashmir Interim Constitution Act, 1974, ensuring that administrative actions remain within the bounds of statutory authority. |
| Summary |
In the landmark case W.P. No. 1617 of 2022, adjudicated by the High Court of Azad Jammu and Kashmir on July 26, 2022, the petitioner, FIYAZ HAIDER NAWABI, an esteemed advocate of the Supreme Court Mirpur and member of the Azad Jammu and Kashmir Bar Council, sought judicial intervention to affirm his appointment as Chairman of the Appellate Tribunal Inland Revenue Azad Jammu and Kashmir. The petitioner contended that his appointment process, governed by the Income Tax Ordinance, 2001 and the Azad Jammu and Kashmir Interim Constitution Act, 1974, was lawfully initiated and endorsed by the Honorable Chief Justices of AJK. Despite obtaining approval from the competent authority on February 21, 2022, the Chief Secretary Azad Jammu and Kashmir Government delayed the formal notification, subsequently attempting to withdraw the approval without adhering to the procedural mandates. The petitioner argued that such actions were arbitrary, lacking rational nexus with existing rules, and violated fundamental principles of administrative justice and the Constitution. The respondents, represented by high-ranking officials, maintained that the withdrawal was justified based on administrative grounds and that the petitioner lacked locus standi to challenge the process. The court meticulously examined the statutory provisions, emphasizing the non-arbitrary nature of discretionary powers under Section 21 of the General Clauses Act, 1897, and highlighted the supremacy of codified statutory rules over unwritten policies or administrative preferences. Citing numerous precedents, including 2015 SCR 860 and 2019 SCR 391, the court underscored that any interference in ongoing judicial proceedings without proper authorization contravenes the principles of justice and legal certainty. Ultimately, the High Court ruled in favor of the petitioner, declaring the respondents' actions as null and void, and mandated the immediate notification of the petitioner's appointment. This decision not only reinforces the adherence to statutory procedures in judicial appointments but also serves as a pivotal affirmation of the rule of law, ensuring that executive actions remain within their constitutional and legal confines. The judgment is a significant milestone in upholding judicial integrity and administrative accountability in Azad Jammu and Kashmir, setting a firm precedent for future cases involving executive overreach and procedural fairness. |
| Court |
High Court (AJ&K)
|
| Entities Involved |
Azad Jammu and Kashmir Bar Council,
Chief Secretary Azad Jammu and Kashmir Government,
Civil Secretariat Muzaffarabad
|
| Judges |
MIAN ARIF HUSSAIN,
SYED SHAHID BAHAR
|
| Lawyers |
FIYAZ HAIDER NAWABI,
Raja Muhammad Hanif Khan,
Tahir Aziz Khan
|
| Petitioners |
FIYAZ HAIDER NAWABI
|
| Respondents |
5 Others,
CHIEF SECRETARY AZAD JAMMU AND KASHMIR GOVERNMENT,
CIVIL SECRETARIAT MUZAFFARABAD
|
| Citations |
2023 SLD 1211,
2023 PLJ 27
|
| Other Citations |
2015 SCR 860,
2019 SCR 391,
PLD 2012 SC (AJK) 42,
2015 SCR 238-B,
1995 SCR 374,
1999 SCR 204,
2004 SCR 329,
2017 SCR 236,
2019 SCR 703,
2015 SCR 123,
2021 SCR 665,
PLD 1973 Supreme Court 144,
2000 SCR 97,
2016 SCR 1599,
2013 SCR 1176,
2014 SCR 995,
2003 SCR 142,
1997 SCR 389,
2010 PLC 266 (AD),
2011 PLC 836 (E),
2016 PTD 1675,
PLD 1997 SC 32,
2011 SCR 257
|
| Laws Involved |
Income Tax Ordinance, 2001,
Azad Jammu and Kashmir Interim Constitution Act, 1974
|
| Sections |
130,
44
|