Advocate Syed Feroz Shah Gillani, president Lawyers Foundation for Democracy and Justice, moved the petition before the Lahore High Court (LHC) asking to restrain the newly appointed 16 additional judges of the LHC from functioning.
Petitioners counsel AK Dogar submitted that these appointments were made in sheer violation of the Constitution. Counsel said the petitioner had already filed a petition requesting to make appointments in accordance with law and before decision of the petition 16 new judges has been appointed.
He alleged that these 16 judges were appointed on purely political and partisan consideration. He said, if these illegally appointed judges were allowed to act as the judges of High Court it would amount to great miscarriage of justice, damaging the very foundation of the country.
He requested that these should be stopped from performing functions as judge of the High Court. Gillanis petition is already pending asking to appoint judges strictly on merit. On the main petition Justice Syed Shabbar Raza Rizvi of Lahore High Court on December 23, 2008 had sought reply from the attorney general of Pakistan and advocate general of Punjab. Petitioner had made party only to federal government in his petition, however, the judge also issued notices to Punjab government through advocate general observing that the intensity of the matter required comments of provincial government as well.
Petitioners counsel AK Dogar stated that the independence and impartiality of judiciary is the foundation of democracy and socio-economic justice. He said article 2-A of the constitution commands that the principles of democracy, freedom, equality, tolerance and social justice as enunciated by Islam, shall be fully observed. He stated that the matter of judges appointments is a sacred trust but in Pakistan the appointments in superior judiciary are made without ascertaining the merit and impartiality of the candidates, ignoring the Islamic injunctions and also in violation of the directions of the constitution.
He alleged that only people with political affiliations are appointed as judges, petitioner alleged. Counsel said that the fundamental rights including equality of opportunity and status of other lawyers who have completed ten years of High Court practice are negated and flouted by the government when they are not allowed to apply for appointment in the superior judiciary.
He alleged that contrary to the constitutional directions the present federal government has secretly selected some lawyers having affiliation with a particular political party, to be appointed as the judges of high courts of the country. He said the petitioner had sent a letter to prime minister pointing the unconstitutionality and undemocratic methods of appointments in higher judiciary.
Petitioner prayed to direct the federation not to proceed with appointment of judges in the superior judiciary in arbitrary and unconstitutional manner. He further prayed that before sending the names for appointment of judges and prior to the consultations with chief justice and other consultees the prime minister be directed to obtain the recommendations of JAC as done in England and Wales.
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