A division bench of Sindh High Court (SHC) comprising Chief Justice Saiyed Saeed Ashhad and Justice Syed Zawar Hussain Jaffery dismissed the petition challenging reduction in age of retirement of superior judiciary through 17th Constitutional amendments terming it not maintainable and frivolous.
The constitutional petition was filed by Maulvi Syed Iqbal Haider, chairman of Awami Himayat Tehreek praying court to declare that amendments in Article 179 and 195 of Constitution to reduce age of retirement of judges of Supreme court and High Courts from 68 to 65 and 65 to 62 respectively is not in accordance with the independence of judiciary protected under Article 2A of the Constitution.
Petitioner's counsel Sohail Hameed contended that if independence of judiciary is not secure then no body can secure in the country.
He submitted in petition that amendment in 17th constitutional amendment adversely affects independence of judiciary and to substitute age of retirement of judges of superior judiciary amounts to harm it.
According to him, the judiciary performance is proportionate to experience of judges of superior judiciary with an enhancement of age and the nation will be benefited by their valuable experience as it will expedite disposal of pending matters.
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