MUZAFFARABAD: A hearing on a constitutional writ petition challenging the election of Chaudhry Anwarul Haq as prime minister of Azad Jammu and Kashmir (AJK) was rescheduled for Friday due to the unavailability of a larger bench in the AJK High Court on Thursday.

The petition, filed by former prime minister and PML-N leader Raja Farooq Haider under Article 17(2) of the AJK Constitution more than four months ago, was slated to be heard by a larger bench comprising Justice Mian Arif Hussain, Justice Sardar Mohammad Ejaz and Justice Syed Shahid Bahar.

According to the petition, Mr Haq had contested and won the prime ministerial election in April 2023 without first resigning from his position as speaker of the AJK Legislative Assembly.

Mr Haq’s resignation letter itself states that he stepped down as speaker only after being elected the prime minister, which constitutes an unconstitutional move, the petition added.

On Thursday, Mr Haider was present in the court of Justice Hussain along with his legal team.

However, as Justice Hussain, who is due to retire on March 23 after attaining the age of superannuation, rose for a recess after hearing other cases, Mr Haider attempted to draw his attention to the pending petition.

As he moved forward, he stumbled over a table and fell, sustaining minor scratches on his arm and leg. Lawyers present in the courtroom immediately helped him back to his seat.

Upon hearing the commotion, Justice Hussain returned to check on Mr Haider and assured him that the hearing would proceed after the break if the other bench members were available.

However, about an hour later, Justice Hussain informed Mr Haider’s counsel and the additional advocate general that the case would now be heard on Friday morning, subject to the availability of the other judges.

Expressing his frustration over the prolonged delay, Mr Haider accused the government of deliberately employing delaying tactics, despite having already been granted time to respond by the court.

He maintained that a person holding one constitutional office could not contest another without first resigning, a position he asserted was supported by senior legal experts interpreting Article 17(2).

“The people of AJK are well aware of the facts, and it is now nearly impossible for this government to survive on crutches,” he said.

However, he clarified that his intention was not to create political instability or unrest but to uphold the supremacy of the Constitution.

Published in Dawn, March 21st, 2025