ISLAMABAD: The Supreme Court summoned the registrar Sindh High Court (SHC) on December 2 regarding illegal appointments in the province’s courts.
A three-judge bench headed by Justice Umar Ata Bandial, on Monday heard a petition regarding appointment of judges in the Sindh High Court (SHC) and civil and additional district judges in the lower judiciary of the province.
The registrar SHC was ordered to submit a report containing information how many persons were recruited since 2017 and on whose orders. He should also inform that under which law the recruitments were made.
The bench noted that according to the petitioner, six persons who were appointed as court clerks were the relatives of one Zulfiqar Sheikh, who had contact with the policymakers of the province.
The bench further noted that the petition also says that former registrar SHC Ghulam Rasool Sammu appointed many persons against merit and in disregard of the age limit.
Ghulam Sarwar Qureshi has filed a petition through advocate Khawaja Shamsul Islam under Article 184(3) of the Constitution.
He has requested the apex court to declare the appointment of judges and other staff in the SHC, as well as, civil and additional district judges in the subordinate judiciary from 2017 till date as illegal, mala fide, unlawful, ultra vires, unconstitutional and null and void, having no legal effect.
Chief Justice and registrar SHC and the provincial law ministry and the federal government have been made respondents.
The petitioner requested the Supreme Court to order for the constitution of an investigation commission consisting of senior judges of the apex court, as well as, the senior-most judges of the SHC to scrutinise the record of appointments made in the high court and the district judiciary of Sindh since 2017.
The petitioner believed that all such appointments were made in flagrant violation of the rules and regulations applicable in such employment.
The petitioner believes all such recruitments since 2017 were made in violation of rules.
The Supreme Court should also order the SHC registrar, as well as, the Sindh Law Ministry to produce the entire record of the appointments made in the high court and the lower judiciary from 2017 till date, the petitioner argued.
Similarly, he said, the apex court should also order the registrar and chief justice of the SHC and the provincial law ministry to de-notify the appointments made in the high court and the lower judiciary after 2017 and direct initiation of an inquiry against the respondents and all judges of Sindh since their appointments were made in violation of the relevant rules and regulations.
The apex court was also pleaded to issue a restraining order against the respondents from making any further appointments in the SHC, as well as, in the district courts till a decision on the petition.
Copyright Business Recorder, 2021
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