SHCBA challenges procedure for SC judges’ appointment
It stated that judges, parliamentary members, bar councils, senior lawyers, civil society and other concerned people should be invited for the consultation.
It also requested the court to declare the Rule No. 3 of the Judicial Commission ultra vires. Till the completion of consultation process, the appointment of judges from high court to the Supreme Court should be made on seniority basis.
The petition objected to the appointment of Justice Muneeb Akhtar to the apex court by former chief justice of Pakistan Saqib Nisar by ignoring senior judges. It also took exception to the appointment of Justice Qazi Amin to the SC by ex-chief justice of Pakistan Asif Saeed Khosa. It said that Justice Qazi Amin was on number 26 in seniority list. It further stated that the appointments of Justice Amin Uddin, Justice Mazahir Ali Akbar Naqvi and Justice Muhammad Ali Mazhar were made by condoning seniority.
The petition said ex-CJP Saqib Nisar started the tradition to ignore the seniority rule. It stated that Article 175-A of the Constitution does not bestow total authority on an individual member of the commission.
The petition raised the question if the apex court gave wrong judgements in the Supreme Court Bar and Al-Jihad Trust cases.
Reporter Bilal Ahmad