A constitutional petition seeking appointment of superior court judges in light of Supreme Court verdict in Al-Jihad Trust case of 1996, especially with reference to Islamic concept of employing a transparent manner in the selection of judges, was filed in the Supreme Court here on Tuesday. Advocate Abdul Shakoor filed the petition under Article 184 (3) of the Constitution making the federal government and all provincial governments respondents.
The petition claims that the procedure in vogue for the appointment of judges is not transparent requiring every judge of the high court to go through the test of public criticism or hearing before appointment. In the absence of a written criterion and transparent procedure, the selection of judges will always give rise to pointing fingers even if they are appointed in good faith.
The petitioner highlighted the recent speech of Chief Justice Iftikhar Muhammad Chaudhry that no constitutionally consulted appointments should succumb to the pressure of lobbyists, and recalled the recent press statement of president, Peshawar High Court Bar Association, in which he had questioned the appointment of two provincial high court judges by terming them political appointees.
Similarly, he also cited the reported concerns expressed by the president of Sindh High Court Bar Association and some lawyers who were in the forefront of the lawyers' movement on the proposed list of would-be judges of Sindh High Court. The petition said that as per rules laid down in Al-Jihad Trust case, additional judges cannot be appointed on permanent seats. Judges' appointments should not be made in contravention of the Islamic injunctions, it added.
He said the judges should be appointed keeping in view the Objectives Resolution so that nobody could question their credibility. The petitioner said that there was an ample need of judicial reforms. He requested the court to give six months' time to the government to introduce legal and constitutional reforms. Therefore, to fulfil the desire of the people of a true independent judiciary and to save this country from any future adventuresome, it is necessary to take steps either through constitutional amendments or legislative enactments, said the petition.