The Sindh High Court (SHC) on Tuesday dismissed the constitutional petition seeking to consider elevation of six lower court judges to SHC, who had taken oath of judges of SHC under a provisional constitutional order (PCO) promulgated on 3, 2007 by the then President Pervez Musharraf.
Muhammad Nadeem Khan, has urged the court to consider elevation of six judges including Sofia Latif, Syed Zakir Hussain, Arshad Noor Khan, Ali Sain Dino Metlo, Qamruddin Bohra, Zafar Ahmed Khan Sherwani to SHC. A division bench of SHC headed by Chief Justice Maqbool Baqar dismissed the petition when the petitioner told the court that he did not want to press the petition.
The petitioner submitted that lower court judges were elevated to the post of additional judges of the SHC during the emergency declared by the then President General Pervez Musharraf (Retd). But their appointments were subsequently declared unconstitutional by the apex court on July 31, 2009.
He said that judges were elevated and they took oath of their office in accordance with the prevailing law of the country, adding that a number of judges were elevated to SHC but they were being ignored. However, advocate Zain Jatoi appeared before bench on behalf of Sofia Latif, presiding officer of special court (Custom, Taxation and Anti-smuggling) at Karachi stated that learned judge had no concern whatsoever with the petition and requested the court to expunge her name from proceedings.