Constitutional provisions
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
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.
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.-
Seat of the Supreme Court.- (1) The seat of the Supreme Court shall be at Muzaffarabad.
The Supreme Court of AJ&K is the highest Court of appeal in Azad Jammu and Kashmir. It consists of a Chief Justice and two other Judges. The Chief Justice of Azad Jammu and Kashmir shall make before the President, and the other Judge before the Chief Justice of Azad Jammu and Kashmir oath of their offices before entering upon the office. Appointment of Chief Justice and Judges shall take effect from making the oath of their offices. Unless a Judge of the Supreme Court (which includes Chief Justice) resigns earlier or is removed from his office in accordance with law, he shall hold office until he attains the age of sixty-five years.
The criminal and civil appellate jurisdiction of the Supreme Court of AJ&K is regulated by sub-section (11) of section 42 of the AJ&K Interim Constitution Act, 1974 under which appeal lies to the Supreme Court from any judgment, decree, final order or sentence of the High Court of Azad Jammu and Kashmir. Similarly an appeal also lies to the Supreme Court from the order passed by the Shariat Court of Azad Jammu and Kashmir under Islamic Penal Laws Act, Shariat Court Act and other Islamic Penal Laws. In the cases where sub-section (11) of section 42 is not attracted, the appeal lies to the Supreme Court against any judgment decree order or sentence of the High Court, if the Supreme Court grants leave to appeal. Similarly an appeal lies to the Supreme Court from the judgment, decree, order or sentence of an administrative Court or Tribunal under subsection (3) of section 47 of the Interim Constitution Act, if the case involves a substantial question of law of public importance and Supreme Court grants leave to appeal.
There is no provision in the AJ&K Interim Constitution Act, 1974, like Article 184(3) of the Constitution of Islamic Republic of Pakistan, 1973 vesting original jurisdiction in the Supreme Court of Pakistan. The Supreme Court of Azad Jammu and Kashmir is only the Appellate Court as the Board of Judicial Advisors and Judicial Board used to be. It cannot entertain any direct petition nor can issue any order except in an appeal. The only original jurisdiction it has is the advisory jurisdiction under section 46-A of the Interim Constitution Act. The appellate powers of the Supreme Court of Azad Jammu and Kashmir are identical and at par with the powers of the Supreme Court of Pakistan.
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 principal of law, be binding on all other Courts in Azad Jammu and Kashmir.]
Rules of the Supreme Court: Rules-2017[PDF]
