About Supreme Court
The territory of Azad Jammu and Kashmir is a distinct entity administered in accordance with the resolutions of the United Nation’s Commission on India and Pakistan(UNCIP). It has its own Constitutional and Administrative setup including President, Prime Minister, Legislative Assembly and Supreme Court as Apex Court of judicial hierarchy.
The Supreme Court of AJ&K has emerged in the State with unique background and system of administration of justice. Prior to emergence of the State of Azad Jammu & Kashmir in 1947, a Judicial Board was established during Dogra Regime vide as Act known as Jammu and Kashmir Constitution Act,1996 Bikrimi (Act No. XIV of 1996 i.e. 7th September,1939 A.D.) for hearing appeals etc. against the judgments and orders of the High Court. After the war of liberation in 1947,the legal system in the liberated territory, including the High Court, was established by virtue of Courts and the Laws Code,1948 which was subsequently substituted by the Courts and Laws code,1949.However, there was no forum for filing appeals etc. against the judgment and orders of the High Court as was present in the Dogra Regime in the form of aforesaid Judicial Board.Thus,the necessity of establishing such a forum was keenly felt by the legal fraternity in particular and people of the liberated territory in general. The Interim Constitution Act,1974(Act No. VIII of 1974) was promulgated on 24th August,1974, wherein a provision was made for the establishment of a Judicial Board. In pursuance of the aforesaid constitutional provision an Act known as the Azad Jammu and Kashmir Judicial Board (Constitution and Jurisdiction) Act, 1974(Act No. XX of 1974) was promulgated on 14th September,1974, whereby the Judicial Board on the pattern of one which existed in Dogra Regime was established. As a result of popular demand that instead of Judicial Board, Supreme Court be established, the relevant provision of the Interim Constitution Act, 1974, was amended vide Act No. IX of 1975, whereby the Judicial Board was renamed and reconstituted as the Supreme Court of Azad Jammu and Kashmir which consisted of Chief Justice and a Judge. The Terms and Conditions of the service of the judges and the procedure of their appointment was identical to one laid down in the Constitution of Islamic Republic of Pakistan, 1973.Subsequently, the number of Judges was increased from one Judge to two Judges vide a constitutional amendment made on 3.4. 1993.Presently the Court consists of a Chief Justice and two Judges.
The Supreme Court is vested with appellate jurisdiction against the judgments, orders, decrees and any sentence passed by the High Court, the Shariat Appellate Bench of the High Court, the Service Tribunal and the Election Tribunals or any other special Court. It also has the powers of revision in the criminal cases decided by the High Court and the Shariat Appellate Bench of the High Court. The Supreme Court has jurisdiction to review its judgements and orders and also has advisory jurisdiction on the matters relating to any point of law as referred to it by the Chairman of the Kashmir Council (the Prime Minister of Pakistan) or the President of AJ&K under Article 46-A of Interim Constitution 1974. The Supreme Court has got wide constitutional powers to issue such directions, orders or decrees as may be necessary for doing complete justice in any case or matter pending before it and all executive and judicial authorities of Azad Jammu & Kashmir are bound to act in aid of the Supreme Court under the provisions of Article 42-A of Interim Constitution, 1974. The Supreme Court of AJ&K does not have original jurisdiction as the Supreme Court of Pakistan has, under Article 184(3) of the Constitution of Pakistan. The judgments of the Supreme Court are binding on all the lower Courts of Azad Jammu & Kashmir under Article 42-B of AJ&K Interim Constitution 1974.
The Principal seat of the Supreme Court is situated at Muzaffarabad, the capital of Azad Jammu & Kashmir. It also has branch registries at Mirpur and Rawalakot. The cases are instituted at principal seat and also at the branch registries. The cases are heard at Principal seat and the branch registries on rotation basis by the benches of the Court.