THE SUPREME COURT

OF AZAD JAMMU AND KASHMIR

 

(Extract from AJK Interim Constitution Act 1974)

 

The Supreme Court was established in Azad Jammu and Kashmir in place of Judicial Board, constituted under the Azad Jammu and Kashmir Judicial Board (Constitution and Jurisdiction) Act, 1974 (Act XX of 1974); after coming into force of the Azad Jammu and Kashmir Interim Constitution (First Amendment) Act, 1975 the said Act XX of 1974 became redundant and in operative. The text of relevant sections of AJK Interim Constitution Act, 1974 is given below:-

 

42.       Supreme Court of Azad Jammu and Kashmir: - (1) There shall be constituted a Supreme Court of Azad Jammu and Kashmir to be the highest Court of appeal.

 

(2)        Subject to the provisions of this Act, the Supreme Court of Azad Jammu and Kashmir shall have such jurisdiction as is or may be conferred on it by this Act or by or under any law.

 

(3)        The Supreme Court shall consist of a Chief Justice to be known as Chief Justice of Azad Jammu and Kashmir, and two other Judges.

 

(4)        The Chief Justice of Azad Jammu and Kashmir shall be appointed by the President on the advice of the Council and each of the other Judges of the Supreme Court of Azad Jammu and Kashmir shall be appointed by the President on the advice of the Council after consultation with the said Chief Justice.

           

(5)        A person shall not be appointed a Judge of the Supreme Court of Azad Jammu and Kashmir unless he has, -------

 

(a)                for a period of, or for periods aggregating, not less than five years been a Judge of a High Court; or

 

(b)                for a period of, or for periods aggregating, not less than fifteen years, been an advocate or pleader of a High Court .

 

Explanation:- In this sub-section, “ High Court” includes----

 

(a)                the High Court  of Azad Jammu and Kashmir  and a High Court  or an equivalent Court  that existed in Azad Jammu and Kashmir  before the fourteenth day of August, 1947, and

 

(b)                A High Court in Pakistan including a High Court that existed in Pakistan at any time before the fourteenth day of August, 1973.

 

(6)                Before entering upon office, the Chief Justice of Azad Jammu and Kashmir shall make before the President and any other Judge of the Supreme Court of Azad Jammu and Kashmir shall make before the Chief Justice, oath in the form set out in the First Schedule.

 

(7)        A Judge of the Supreme Court of Azad Jammu and Kashmir shall hold office until he attains the age of sixty-five years, unless he sooner resigns or is removed from office in accordance with law.

 

(8)        At any time when the office of the Chief Justice of Azad Jammu and Kashmir is vacant, or the Chief Justice is absent or unable to perform the functions of his office due to any other cause, the President shall appoint the most senior of the other Judges of the Supreme Court of Azad Jammu and Kashmir to act as Chief Justice of Azad Jammu and Kashmir.

 

(8-A)    If at any time it is not possible for want of quorum of Judges of the Supreme Court to hold or continue any sitting of the Court, or for any other reason it is necessary to increase temporarily the number of Judges of the Supreme Court, the Chief Justice of Azad Jammu and Kashmir may, in writing--

 

(a)                with the approval of the President, request a person who has held the office of a Judge of that Court, the Supreme Court of Pakistan or the Judicial Board or has held the office of Judge of the High Court for a minimum period of three years and since whose ceasing to hold that office three years have not elapsed; or

 

(b)                with the approval of the President and, except in the case of Chief Justice, with the consent of the Chief Justice of High Court , require a Judge of that Court  who has held office as such Judge for minimum period of three years, or

 

(c)                With the approval of the President, request any person qualified for appointment as judge of the Supreme Court.

 

to attend sittings of the Supreme Court as an ad-hoc Judge for such period as may be necessary and while so attending an ad-hoc Judge shall have the same power and jurisdiction as a Judge of the Supreme Court.

 

(9)        The remuneration and other terms and conditions of service of a Judge of the Supreme Court of Azad Jammu and Kashmir shall be as provided in the Fourth Schedule.

 

(10)      Subject to the succeeding provisions of this section, the Supreme Court of Azad Jammu and Kashmir shall have jurisdiction to hear and determine appeals from judgments, decrees, final orders or sentences of the High Court of Azad Jammu and Kashmir.

 

(11)      An appeal shall lie to the Supreme Court of Azad Jammu and Kashmir from any judgment, decree, final order or sentence of the High Court of Azad Jammu and Kashmir ----

 

(a)                if the High Court  has on appeal reversed an order of acquittal of an accused person and sentenced him to death or to imprisonment for life, or, on revision, has enhanced a sentence to a sentence as aforesaid; or

 

(b)                if the High Court  has withdrawn for trial before itself any case from any Court  subordinate to it and has in such trial convicted the accused person and sentenced him as aforesaid; or

 

(c)                if the High Court  has imposed any punishment on any person for contempt of  the High Court ; or

 

(d)                 if the amount or value of the subject-matter of the dispute in the Court  of first instance was, and also in dispute in appeal is, not less than fifty thousand rupees or such other sum as may be specified in that behalf by Act of the Council and the judgment, decree or final order appealed from has varied or set aside the judgment, decree or final order of the Court  immediately below; or

 

(e)                if the judgment, decree or final order involves directly or indirectly some claim or question respecting property of the like amount or value and the judgment, decree or final order appealed from has varied or set aside the judgment, decree or final order of the Court  immediately below; or

 

(f)                 If the High Court certifies that the case involves a substantial question of law as to the interpretation of this Act.

 

(12)      An appeal to the Supreme Court of Azad Jammu and Kashmir from a judgment, decree, order or sentence of the High Court in a case to which sub-section (11) does not apply shall lie only if the Supreme Court of Azad Jammu and Kashmir grants leave to appeal.

 

(13)      (a)       an appeal to the Supreme Court shall be heard by a Bench consisting of not less than two judges to be constituted or reconstituted by the Chief Justice;

 

(b)        If the Judges hearing a petition or an appeal are divided in opinion, the opinion of majority shall prevail;

 

(c)        if there is no such majority as aforesaid, the petition or appeal, as the case may be, shall be placed for hearing and disposal before another Judge to be nominated by the Chief Justice:

           

Provided that if there is no other Judge, or if no other Judge is able to hear the case, the judgment, decree, order or sentence appealed from shall be deemed to be the judgment, decree, order or sentence, as the case may be, of the Supreme Court:

 

Provided further that in case of difference of opinion as aforesaid, if the difference is only in respect of the nature, quantum or extent of the relief, liability, penalty or punishment to be granted or imposed, the decision of the Supreme Court shall be expressed in terms of opinion of the senior of the two Judges.

 

(14)      The person holding office as Chief Justice of the State of Azad Jammu and Kashmir immediately before the commencement of the Azad Jammu and Kashmir Interim Constitution (First Amendment) Act, 1975, shall as from such commencement hold office as Chief Justice of Supreme Court under this Act on the same terms and conditions of service as were applicable to him immediately before such commencement.

 

(15)      All legal proceedings pending in the Judicial Board immediately before the commencement of the Azad Jammu and Kashmir Interim Constitution (First Amendment) Act, 1975 shall, on such commencement, stand transferred to, and be deemed to be pending before the Supreme Court for determination and any judgment or order of the Judicial Board delivered or made before such commencement shall have the same force and effect as if it had been delivered or made by the Supreme Court.

 

42-A. Issue and execution of process of Supreme Court. (1) The Supreme Court shall have powers to issue such directions, orders or decrees as may be necessary for doing complete justice in any case or matter pending before it including an order for the purpose of securing the attendance of any person or the discovery or production of any document.

 

(2)        Any such direction, order or decree shall be enforceable throughout Azad Jammu and Kashmir as if it has been issued by the High Court.

 

(3)        All executive and judicial authorities throughout Azad Jammu and Kashmir shall Act in aid of the Supreme Court.

 

(4)        Subject to this Act and law, the Supreme Court may, in consultation with the Council, make rules regulating the practice and procedure of the Court:

 

Provided that till the new rules are framed the rules framed by the Judicial Board shall, so far as they are not inconsistent with this Act and any other law, be deemed to have been made by the Supreme Court until altered or amended and references to the Judicial Board in these rules shall be construed to be references to the Supreme Court.

 

42-B.    Decisions of Supreme Court binding on other Courts. Any decision of the Supreme Court shall, to the extent that it decides a question of law or is based upon or enunciates a principle of law, be binding on all other Courts in Azad Jammu and Kashmir.

 

42-C. Seat of the Supreme Court: - (1) The seat of the Supreme Court shall be at Muzaffarabad.

 

(2)        The Supreme Court may sit at such other place or places as the Chief Justice of Azad Jammu and Kashmir, with the approval of the President, may appoint.

 

42-D.    Review of judgment or order by the Supreme Court. The Supreme Court shall have powers, subject to the provisions of an Act of the Assembly or the Council and of any rules made by the Supreme Court, to review any judgment pronounced or any order made by it.

 

45.        Contempt of Court: - (1) In this section “Court” means the Supreme Court of Azad Jammu and Kashmir or the High Court.

 

(2)                A Court shall have power to punish any person who;

 

(a)                abuses, interferes with or obstructs the process of the Court  in any way or disobeys any order of the Court;

 

(b)                scandalizes the Court  or otherwise does anything which tends to bring the Court  or a Judge of the Court  into hatred, ridicule or contempt;

 

(c)                does anything which tends to prejudice the determination of a matter pending before the Court; or

 

(d)                does any other thing which, by law, constitutes contempt of the Court.

 

(3)        The exercise of the power conferred on a Court by this section may be regulated by law and, subject to law, by rules made by the Court.

 

46-A. Advisory jurisdiction:- (1) If, at any time, the Chairman of the Council or the President desires to obtain the opinion of the Supreme Court  of Azad Jammu and Kashmir  on any question of law which he considers of public importance, he may refer the question to the Supreme Court  of Azad Jammu and Kashmir  for consideration.

 

(2)        The Supreme Court of Azad Jammu and Kashmir shall consider a question so referred and report its opinion on the question to the Chairman of the Council or, as the case may be, the President.

 

47.        Administrative Courts and Tribunals. (1) Notwithstanding anything herein before contained, the Council in respect of matters to which its executive authority extends, and the Assembly in respect of matters to which the executive authority of the Government extends, may by Act provide for the establishment of one or more Administrative Courts or Tribunals to exercise exclusive jurisdiction in respect of;

 

(a)                matters relating to the terms and conditions of persons who are or have been in the service of Azad Jammu and Kashmir including disciplinary matters;

 

(b)        matters relating to claims arising from tortuous Acts of the Council or the Government or any person in the service of Azad Jammu and Kashmir or of any local or other authority empowered by law to levy any tax or cess and any servant of such authority acting in the discharge of his duties as such servant; or

 

(c)        matters relating to acquisition, administration and disposal of any property which is deemed to be enemy property under any law.

 

(2)        Notwithstanding anything hereinbefore contained, where any Administrative Court or Tribunal is established under sub-section (1), no other Court shall grant an injunction, make any order or entertain any proceeding in respect of any matter to which the jurisdiction of such Administrative Court or Tribunal extends and all proceedings in respect of any such matter which may be pending before such other Court immediately before the establishment of the Administrative Court or Tribunal shall abate on such establishment.

 

(3)        An appeal to the Supreme Court of Azad Jammu and Kashmir from a judgment, decree, order or sentence of any Administrative Court or Tribunal shall lie only if the Supreme Court of Azad Jammu and Kashmir being satisfied, that the case involves a substantial question of law of public importance, grants leave to appeal.

 

47-A. Employees of Court. The Supreme Court and High Court, with the approval of the President, may make rules providing for the appointment of employees of the Court  and for their terms and conditions of employment.

 

FOURTH SCHEDULE

(See Section 42 (9)

 

The Chief Justice and the Judges of the Supreme Court of Azad Jammu and Kashmir shall be entitled to the same Salary, Allowances, privileges and Pension as are admissible to the Chief Justice and the Judges of the Supreme Court of Pakistan.

 

  

THE HIGH COURT

OF AZAD JAMMU AND KASHMIR

[Constitutional Provisions]

 

The High Court of Azad Jammu and Kashmir is constituted under the AJK Interim Constitution Act, 1974 (VIII of 1974); the sections from the said Act providing for establishment of the Court, Jurisdiction, powers and authority etc. thereof are reproduced hereunder: -

 

43.               High Court:

 

(1)                here shall be a High Court for Azad Jammu and Kashmir,

hereinafter called the High Court, which shall consist of a Chief Justice and such number of other Judges as may be prescribed by an Act of the Assembly.

 

(1-A)  (a)          The functions of the High Court may be performed by a Single Bench, a Division Bench or Full Bench:

 

Provided that the Chief Justice may recall a case pending before a Bench and make it over to another Bench or constitute a larger Bench for the purpose;

 

(b)        In case of difference of opinion in a Full Bench, the opinion of the majority shall prevail;

 

(c)        In case of difference of opinion in a Division Bench, the matter shall be referred to a third judge and the decision of the High Court shall be expressed in terms of judgment of the majority.

 

(2)        The person holding office as Chief Justice or other Judge of the High Court immediately before the commencement of this Act shall be deemed to be the Chief Justice or other Judge as the case may be appointed under this Act.

 

(2-A)    A Judge of the High Court shall be appointed by the President on the advice of the Council and after consultation:

 

                        (a)        with the Chief Justice of Azad Jammu and Kashmir; and

                        (b)        except where the appointment is that of Chief Justice, with the Chief Justice of the High Court.

 

(3)        A person shall not be appointed as a Judge of the High Court or Advocate General unless:

 

(a)                he has for a period, or for periods aggregating, not less than ten years, been an Advocate or Pleader of the High Court of Azad Jammu and Kashmir or a High Court in Pakistan;

 

Provided that the term “ High Court” herein shall include a High Court or an equivalent Court that existed at any time before the 19th day of August; 1947; or

 

(b)                he has for a period of not less than ten years held a Judicial office out of which not less than three years shall have been as District and sessions Judge.

 

(4)        Before he enters upon his office, the Chief Justice of the High Court shall make before the President, and an other Judge of the High Court shall make before the Chief Justice, an oath in the form set out in the first Schedule.

 

(5)        The Chief Justice or a Judge of the High Court shall hold office until he attains the age of sixty-two years unless he sooner resigns or is removed from office in accordance with Law:

 

Provided that the president may appoint a Retired Judge of any High Court of Pakistan to be the Chief Justice or a Judge of the High Court for a period not exceeding three years and such person shall hold office till he attains the age of sixty-five years.

 

(6)        If at any time any Judge of the High Court is absent or is unable to perform his functions due to illness or some other cause, the President may appoint a person qualified for appointment as a Judge of the High Court to be an Additional Judge of the High Court for the period for which the Judge is absent or unable to perform his functions.

 

(7)                A Judge of the High Court shall not;

 

(a)                hold any other office of profit in the service of Azad Jammu and Kashmir if his remuneration is thereby increased; or

 

(b)                occupy any other position carrying the right to remuneration for the rendering of services, but this sub-section shall not be construed as preventing a Judge from holding or managing private property.

 

(8)        A person who has held office as a Judge of the High Court shall not hold any office of profit in the service of Azad Jammu and Kashmir, not being a judicial or quasi-judicial office or the office of the Chief Election commissioner or of chairman or member of the Public Service Commission, before the expiration of two years after he ceased to hold that office.

 

(9)        The remuneration and other terms and conditions of service of Judges of High Court shall be as provided in the 3[Fifth Schedule.]

 

43-A. Acting Chief Justice.    At any time when--

 

(a)                The office of Chief Justice of High Court is vacant; or

 

(b)                The Chief Justice of High Court is absent or is unable to perform the functions of his office due to any other cause the President shall appoint the Senior most of the other Judges of the High Court to act as Chief Justice.

 

44.               Jurisdiction of High Court.

 

(1)        The High Court shall have such jurisdiction as is conferred on it by this Act or by any other law:

 

(2)                Subject to this Act, the High Court 3[may] if it is satisfied that no other adequate remedy is provided by law:

 

(a)        on the application of any aggrieved party, make an order

 

(i)                  directing a person performing functions in-connection with the affairs of Azad Jammu and Kashmir or a local authority to refrain from doing that which he is not permitted by law to do or to do that which he is required by law to do; or

 

(ii)        declaring that any act done or proceedings taken by a person performing functions in connection with the affairs of the State or a local authority has been done or taken without lawful authority, and is of no legal effect; or

 

(b)        on the application of any person, make an order—

             

(i)         directing that a person in custody in Azad Jammu and Kashmir be brought before the High Court so that the Court may satisfy itself that he is not being held in custody without lawful authority or in any unlawful manner; or

 

(ii)        requiring a person holding or purporting to hold a public office in connection with the affairs of Azad Jammu and Kashmir to show under what authority of law he claims to hold that office; or

 

(c)        on the application of any aggrieved person, make an order giving such directions to the person or authority, including the Council and the Government, exercising any power or performing any function in, or in relation to, Azad Jammu and Kashmir as may be appropriate for the enforcement of any of the fundamental right conferred by this Act.

 

(3)                An order shall not be made under sub-section (2) of this section on application made by or in relation to a person in the Defence Services in respect of his terms and conditions of service, in respect of any matter arising out of his service or in respect of any action taken in relation to him as a member of the Defence Services.

 

(4)                Where--

 

a)         application is made to the High Court for an order under clause (a) or clause (c) of sub-section (2); and

 

(b)        The Court has reason to believe that the making of an interim order would have the effect of prejudicing or interfering with the carrying out of a public work or otherwise being harmful to the public interest,

 

The Court shall not make an interim order unless the Advocate General has been given notice of the application and the Court, after the Advocate General or any officer authorized by him in this behalf has been given an opportunity of being heard, is satisfied that the making of the interim order would not have the effect referred to in clause (b) of this sub-section.

 

(5)        In this section, unless the context otherwise requires, “Person” includes any body politic or corporate, any authority, of or under control of the Council or the Government and any Court or tribunal other than Supreme Court of Azad Jammu and Kashmir, the High Court or a Court or tribunal established under a law relating to the Defence Services.

 

44-A.    Rules of Procedure.

 

Subject to this Act and law, the High Court may in consultation with the Government, make rules regulating the practice and procedure of the Courts subordinate to it.

 

44-B.    Decision of High Court binding on subordinate Courts.  

 

Subject to section 42-B any decision of the High Court shall to the extent that it decides a question of law or is based upon or enunciates a principle of law, be binding on all Courts subordinate to it.

 

44-C. Seat of High Court.  

 

(1)        The permanent seat of the High Court shall be at Muzaffarabad.

 

(2)        The High Court may, from time to time, sit at such other places as the Chief Justice of the High Court, with the approval of the President, may appoint.

 

45.              High Court to superintend and control all Courts subordinate to it etc.

 

(1)        The High Court shall superintend and control all other Courts that are subordinate to it.

 

(2)        There shall, in addition to the Supreme Court of Azad Jammu and Kashmir] and the High Court, be such other Courts as are established by law.

 

(3)        A Court so established shall have such jurisdiction as conferred on it by law which is not conferred on it by this Act or by or under any other law.

 

 

 

FIFTH SCHEDULE

(See Section 43 (9)

 

The Chief Justice and the Judges of the High Court of Azad Jammu and Kashmir shall be entitled to the same Salary, Allowances, Privileges and Pension as are admissible to the Chief Justice and Judges of the High Court in Pakistan.

  

The Azad Jammu & Kashmir Shariat Court

 

Besides the above mentioned superior  Courts established under the Azad Jammu & Kashmir Interim Constitution Act of 1974, Shariat Court of Azad Jammu & Kashmir has also been constituted vide The Azad Jammu & Kashmir Shariat Court Act 1993. Sharia being the supreme law of the land, the Shariat Court is vested with the powers as described in section 6 of the said Act. The legal provision is reproduced hereunder;

 

“Section 6.

 

Powers, Jurisdiction and Functions of the Court. (1) The Court may, on the petition of a citizen of Azad Jammu and Kashmir or the Azad Jammu and Kashmir Government, examine and decide the question whether or not any law or provision of law is repugnant to the Injunctions of Islam as laid down in the Holy Quran and the Sunnah of the Holy Prophet, hereinafter referred to as the Injunctions of Islam.

 

(2)        If the Court decides that any law or provision of law is repugnant to the Injunctions of Islam, it shall set out in its decision.

 

            (a)        the reasons for its holding that opinion; and

 

(b)        the extent to which such law or provision is so repugnant and specify the day on which the decision shall take effect.

 

(3)        If any law or provision of law is held by the Court to be repugnant to the Injunctions of Islam:-

 

(a)        the President in the case of a law with respect to a matter not enumerated in Council List, shall take steps to amend the law so as to bring such law or provision into conformity with the Injunctions of Islam, and

 

(b)        such law or provision shall, to the extent to which it is held to be so repugnant, cease to have effect on the day on which the decision of the Court takes effect.

 

The Shariat Court of Azad Jammu & Kashmir is at par, in powers as well as in status,  with the High Court of Azad Jammu & Kashmir in all respects.

 

  

The Judicial Structure at District and Tehsil Level

(referred to as the lower courts) works as under

 

Criminal Jurisdiction

                       

District Level                        Sessions Judge, District Magistrate,

& Two Member District Criminal Courts (for Islamic Laws like Qisas and Diyat etc.)                 

 

Tehsil level                           Judicial Magistrates, Executive Magistrates,

& Two Members Tehsil Criminal Courts  (for Islamic Laws like Qisas and Diyat etc.)                 

 

Civil Jurisdiction

 

District Level                      District Judges vested with powers as Company Judges, Labor Courts along with ordinary original civil jurisdiction in matters having value of subject matter more than Rs, 100,000/-  as well as Appellate jurisdiction in respect of orders and decrees of the civil courts functioning at Tehsil level.

 

Tehsil Level                        Civil Judges vested with powers as Rent Controllers, family courts, courts of wards etc. along with ordinary original civil jurisdiction in matters having value of subject matter less than Rs. 100,000/-. Their orders and decree are appealable before District Judges at District level.   

 

All lower courts function as provided in the Court and Law Code Act passed by the Assembly of Public Representatives elected by People of the State.

 

  

AZAD JAMMU AND KASHMIR

 SUPREME JUDICIAL COUNCIL

         

The Supreme Judicial Council of Azad Jammu and Kashmir is constituted under Section 42-E of the Azad Jammu and Kashmir Interim Constitution Act, 1974 (Act VIII of 1974). The Council is to be constituted to regularize the conduct of and to look into the misconduct by the Judges of Supreme Court and High Court of Azad Jammu and Kashmir. A perusal of Articles 209, 210 & 211 of the Constitution of Islamic Republic of Pakistan reveals that the idea of constituting Supreme Judicial Council for Azad Jammu and Kashmir has been derived there from and like provisions have been legislated. Text of section 42-E to 42-G of the AJK Interim Constitution Act, 1974 as amended, is reproduced hereunder: -

 

42-E.   Supreme Judicial Council. (1) There shall be a Supreme Judicial Council of Azad Jammu and Kashmir.

 

(2)                The Supreme Judicial Council shall consist of: -

 

(a)                the Chief Justice of Azad Jammu and Kashmir who shall be its Chairman;

 

(b)                the Senior Judge of the Supreme Court ; and

 

(c)                the Chief Justice of the High Court.

 

(3)                A Judge of the Supreme Court or of the High Court shall not be removed from office except as provided by this Section.

 

(4)        If, on information received from the Supreme Judicial Council or from any other source, the Chairman of the Azad Jammu and Kashmir Council or the President is of the opinion that a Judge of the Supreme Court or of the High Court -

 

(a)        may be incapable of properly performing the duties of his office by reason of physical or mental incapacity; or

 

(b)                may have been guilty of misconduct;

 

The Chairman or the President, as the case may be, shall direct the Supreme Judicial Council to inquire into the matter.

 

(5)        If upon any matter inquired into by the Supreme Judicial Council, there is difference of opinion amongst its members, the opinion of the majority shall prevail, and the report of the Supreme Judicial council shall be expressed in terms of the view of the majority.

 

(6)        If, after inquiring into the matter, the Supreme Judicial Council reports to the Chairman of the Azad Jammu and Kashmir Council that it is of the opinion.

 

(a)                that the Judge is incapable of performing the duties of his office or has been guilty of misconduct; and

 

(b)                that he should be removed from office;

The Chairman shall advise the President to remove the Judge from his office and the President shall pass orders accordingly.

 

(7)        The Supreme Judicial Council shall issue a Code of conduct to be observed by Judges of the Supreme Court, and of the High Court.

 

(8)        If at any time the Supreme Judicial Council is inquiring into the conduct of a Judge who is a member of the Supreme Judicial Council, or a member of the Supreme Judicial Council is absent or is unable to Act due to illness or any other cause, then;

 

(a)                If such member is the Chief Justice or the Judge of the Supreme Court, the Judge of the Supreme Court who is next in seniority;

 

(b)                 If such member is the Chief Justice of High Court, the senior most of the other Judges of the High Court; shall act as a member of the Supreme Judicial Council in his place.

 

(9)        If, upon any matter inquired into by the Supreme Judicial Council, there is a difference of opinion amongst its members the opinion of the Supreme Judicial Council shall be expressed in terms of the view of the majority.

 

42-F.    Power of Supreme Judicial Council to enforce attendance of persons etc:  (1)        For the purpose of inquiring into any matter, the Supreme Judicial Council shall have the same powers as has the Supreme Court, to issue directions or orders for securing the attendance of any person or the discovery or production of any document and any such direction or order shall be enforceable as if it has been issued by the Supreme Court.

 

(2)        The provisions of Section 45 shall apply to the Supreme Judicial Council as they apply to the Supreme Court and the High Court.

 

42-G.   Bar of Jurisdiction: - The proceedings before the Supreme Judicial Council, and the removal of a Judge under Section 42-E shall not be called in question in any Court.

 

 

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