The government is bound to follow the Supreme Court orders and termination from services of three judges of Lahore accountability courts is the outcome of the National Judicial Policy (NJP), Lahore High Court (LHC) was informed the Law Ministry on Monday.
The Ministry for Law and Parliamentary Affairs, in its reply to a constitutional petition filed by the accountability court judges, further stated that four vacancies for accountability courts were lying vacant in Lahore and a panel of three names for each seat had been sent to the competent authority for approval.
The counsel for petitioner judges informed the court that eight accountability judges in Sindh were also removed under the NJP, but now their removal order had been withdrawn. He said that Lahore judges were being subjected to discrimination. At this, the court observed that the petitioners had not taken ground of discrimination in the petition and for that purpose, they would have to file an amended petition.
The court allowed petitioners' counsel A.K. Dogar to file an amended petition within a week and gave a copy to the Deputy Attorney General in advance. On previous hearing, the court ruled that finality of their removal would be subject to outcome of the present case. Chaudhry Ahsan Ahmad, Muhammad Hanif Khan and Sardar Ahmad Chaudhry had challenged their removal.
They were appointed as judges of accountability court in 2006 and during service, the petitioners retired from regular service in 2006, but they were allowed to continue for the remaining period of their office as contemplated u/s 5-A (3) of the National Accountability Ordinance 1999.
The counsel pointed out that on June 1 a section officer issued their termination letter. He said because they were not retired judges at the time of their appointments in the NAB courts, rather they were serving sessions judges. He further argued that the NJP was not meant for termination of the incumbent judges, rather it would apply for future appointments.
He further said their termination was made in utter disregard of principle of natural justice and the NAB ordinance as they were neither served notices nor were they afforded opportunity of personal hearing. He prayed to the court to set aside petitioners' termination orders and allow them to continue as accountability judges.