KARACHI: Lawyers' bodies Saturday demanded repealing 19th Constitutional Amendment and giving free hand to senior judges to make appointments in superior courts as per their will.
Adopting a resolution at all Pakistan Lawyers' Convention at Sindh High Court Bar Association, Pakistan Bar Council, Supreme Court Bar Association and other bar representatives of the provincial Bars demanded that Judicial Commission frame transparent and objective criteria and guidelines for the appointment of judges at all levels in conjunction with Bar and parliamentary committee and bring necessary amendments to the Judicial Commission rules.
The Bar councils and associations demanded that a permanent committee shall be constituted to represent the view of the Bars and until then the Judicial Commission strictly adhere to the seniority principles in the appointments to the apex court and from the district judiciary to high courts. The Bar representatives also resolved to file a petition in the Supreme Court challenging appointments made in violation of the seniority principles.
The lawyers' convention opposed ad hoc appointments in the Supreme Court and appointment of Chief Justice of Sindh High Court Ahmed Ali M Sheikh as an ad hoc judge in the SC against his consent. It urged that Justice Sheikh be appointed as permanent judge of the apex court for being the senior most CJ.
The convention questioned the powers of Chief Justices of superior courts with regard to fixation of cases and roster sittings and demanded that roster sittings must be regulated and controlled to promote trust in the institution and the relevant rules must be amended to ensure such power is devolved to a larger committee and follows some fixed parameters.
The lawyers' convention was of the view that unregulated power of the suo motu has replaced the objectivity of the judicial process with personal agendas and desires and demanded that rules be framed to govern suo motu cases that ensures that the bench that takes suo motu notice was not permitted to hear it and or confer a right of appeal to larger benches.
The bar leadership considered that it is duty of the Chief Justice of Pakistan to bring the judiciary together and promote amity and cordiality among judges. The bar leaders announced to observe complete strike on September 9 when the judicial commission of Pakistan meeting is scheduled to consider elevation of Lahore High Court's woman judge Justice Ayesha Malik to SC and hold a lawyers' convention at Islamabad.
Vice chairman PBC Khushdil Khan said that bar associations have decided to file petitions in the Supreme Court over the elevation criteria of the judges in superior courts. Supreme Court Bar Association President Abdul Lateef Afridi demanded that woman judges should be elevated in the Supreme Court but there shall be no compromised on the principal of seniority of judges.
Former SCBA President Hamid Khan demanded proportionate quota of judges from all provinces in the Supreme Court.
He criticized that judicial commission of Pakistan issued notification for appointment of SHC CJ Justice Sheikh as an ad-hoc judge despite lack of majority votes in the commission as one member of the commission gave conditional vote.
JCP member Akhtar Hussain said that criteria and guidelines shall be formulated for appointment and elevation of judges in the superior courts and principal of seniority must be adhered.
SHCBA President Salahuddin Ahmed said judiciary should exercise restrain while using its discretionary powers and discretion must be controlled. The representatives of all provincial bar councils and high court bar associations also spoke on the occasion.
Copyright Business Recorder, 2021
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