SHCBA challenges procedure for SC judges’ appointment

By: News Desk      Published: 02:56 PM, 27 Nov, 2021
SHCBA challenges procedure for SC judges’ appointment
File photo.

The Sindh High Court Bar Association has challenged the method of Supreme Court judges’ appointment, reported 24NewsHD TV channel on Saturday. 

The SHCBA has submitted the petition to the Supreme Court Karachi Registry. The petition has challenged the appointment modus operandi in which rule of seniority has been condoned.

According to barristers Salahuddin and Umar Somroo, the appointment of junior judges to the top court would be very dangerous. 

The Supreme Court has recently promoted five junior judges to the apex court out of seven vacant posts in the superior judiciary. 

The petition pleaded to the apex court that all concerned persons should be consulted over the appointment of judges

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. 

It elaborated that the method of superior court judges’ appointment was very clear in the cases of Supreme Court Bar and Al-Jihad Trust. 

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