ISLAMABAD: The legal fraternity, on Thursday, protested across the country and demanded that seniority principle must be observed for the appointment of the judges in the Supreme Court.
The members of the Pakistan Bar Council (PBC), the Supreme Court Bar Association (SCBA), the provincial bar councils, High Courts and District Bar Associations gathered outside the Supreme Court and disapproved the elevation of junior judges to the Supreme Court.
Heavy contingent of police was deployed at the Supreme Court and its parking lot was closed due to security concerns. The Judicial Commission of Pakistan (JCP) also met on Thursday under the chair of the chief justice of Pakistan to consider elevation of Justice Ayesha Malik, number four on the LHC judges' seniority list, to the apex court.
However, the JCP could not approve her elevation, the sources said. A 'lawyers' convention' was held under the auspices of the Council and the SCBA, and joined by representatives of the provincial bar councils/associations. They asked the government to immediately withdraw the Pakistan Media Development Authority (PMDA) bill.
The convention resolved that the Judicial Commission must strictly adhere to the seniority principle in judicial appointments to the Supreme Court from the provincial high courts until such time as fair, transparent and objective criteria for appointment of judges at all levels are framed in consultation with all stakeholders including the Bar and the appropriate amendments to the Judicial Commission Rules are made. "Unless this is done, allegations of favouritism and pick and choose will continue to damage the image of the judiciary."
It further resolved that the unfettered and unstructured exercise of discretion is a recipe for the abuse of power, whether the same is exercised in relation to the appointment of judges or constitution of benches, fixation of cases or initiation of suo moto proceedings and the same must be duly regulated through rules and guidelines, if public confidence in the apex court is to be maintained.
The convention condemned the passage of the amendment bill by the National Assembly in relation to Section 5 (d) of the Legal Practitioners and Bar Councils Act, 1973, whereby, members already appointed to various posts in the service of Pakistan on the basis of their legal experience have, despite such appointment, been provided a cover to continue as members of their respective Bar Councils and Associations and to enjoy voting rights and a right to be considered against all judicial and other legal posts and elevations, which are otherwise reserved for practicing lawyers.
This has been done to bestow additional favours upon the blue-eyed boys of the government and also to influence the electoral process and independence of the Bar Councils and Bar Associations.
It further demanded that a Lawyers Protection Act be immediately passed by the Parliament for the protection of lawyers, who are being frequently targeted and even murdered for performing their professional duties.
It also resolved that Article 175(A) should be amended to reduce the monopoly of judges over the Judicial Commission, and enhance the representation of other stakeholders especially the Bar on the basis of parity.
The Convention demanded of the Parliament to undo the judgment passed by Justice Musheer Alam, by which more than 17,000 employees had been declared jobless. It further demanded a ban on all forms of reappointments after retirement.
The Convention further adopts and affirms all the previous resolutions passed in the earlier meetings and Conventions held on 4th August 2021 in Islamabad, 21st August 2021 in Karachi, and 26th August 2021 in Multan.
Copyright Business Recorder, 2021
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