| Case ID |
36e24a0d-397d-4d6c-b892-354c991ade51 |
| Body |
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| Case Number |
Civil Appeal No. 65 of 2012 |
| Decision Date |
Jun 15, 2012 |
| Hearing Date |
Jun 05, 2012 |
| Decision |
The Supreme Court of AJ&K ruled that the High Court's decision to dispose of the writ petition without admitting it for regular hearing and without summoning the respondents was not sustainable. The court emphasized the importance of following proper procedures as outlined in the AJ&K High Court Procedure Rules, which require that when a writ petition is filed, it must be admitted for regular hearing and the opposing party must be given the opportunity to respond. The court set aside the impugned order of the High Court, thus allowing the appeal made by the appellants. |
| Summary |
In the case of Civil Appeal No. 65 of 2012, the Supreme Court of AJ&K addressed a significant procedural issue regarding the handling of writ petitions. The court emphasized the necessity of adhering to the Azad Jammu and Kashmir High Court Procedure Rules, particularly the requirement that a writ petition must be admitted for regular hearing before any final orders are made. The court found that the High Court had erred by not providing the respondents an opportunity to be heard, thereby condemning them unheard. The court's ruling reinforces the principles of natural justice and procedural fairness, ensuring that all parties have a fair chance to present their case. This case highlights the critical importance of following established legal procedures in the adjudication of cases, especially in administrative matters. The decision serves as a precedent for future cases regarding the proper handling of writ petitions in the AJ&K legal system. |
| Court |
Supreme Court (AJ&K)
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD AZAM KHAN, C.J.,
CH. MUHAMMAD IBRAHIM ZIA,
RAJA SAEED AKRAM KHAN, JJ
|
| Lawyers |
Sardar Muhammad Resham Khan, Addl. Advocate-General for Appellants,
Barrister Humayun Nawaz, Advocate for Respondents Nos. 1 to 4
|
| Petitioners |
AZAD GOVERNMENT OF THE STATE OF JAMMU AND KASHMIR through Chief Secretary and another
|
| Respondents |
MEHERUNNISA QADRI and 5 others
|
| Citations |
2013 SLD 2080,
2013 YLR 211
|
| Other Citations |
2001 MLD 514
|
| Laws Involved |
Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974),
Azad Jammu and Kashmir High Court Procedure Rules, 1984,
Azad Jammu and Kashmir Institution of Petitions and Grant of Writ Rules, 1975
|
| Sections |
44,
44-A,
33,
35,
36,
38,
3,
4,
6
|