Judges should not be re-appointed to any position after their retirement, says Khush Dil Khan
The apex regulatory body of legal fraternity, Pakistan Bar Council (PBC) resolved on Thursday to oppose nomination of Sindh High Court (SHC) judge Justice Muhammad Ali Mazhar for the Supreme Court.
On July 28, Judicial Commission of Pakistan by 5:4 has approved nomination of junior judge of Sindh High Court Justice Muhammad Ali Mazhar for the elevation to the Supreme Court whereas four JCP members opposed SHC junior judge’s elevation.
Addressing a press conference after chairing the body meeting, Vice Chairman Pakistan Bar Council Khush Dil Khan expressed the body has passed resolution to address a letter to the Parliamentary Committee, requesting them to refuse approval for nomination of Justice Muhammad Ali Mazhar on grounds of violation of the seniority principle.
VC PBC further said that the body has also resolved to request the Parliament and all political parties to repeal the 19th Amendment to Constitution because it has created a disbalance amongst the various stakeholders within the judicial system and made the Judiciary unaccountable.
Sitting judge of the top court Justice Mushir Alam is also a member of Judicial Commission of Pakistan and going to retire on August 17,2021. With this reference the VC PBC disclosed that the Bar Associations and Bar Councils shall not hold any reception or dinner in honour of Justice Mushir Alam on the occasion of his retirement.
The PBC also demanded an urgent meeting of the Judicial Commission to consider and adopt various proposed amendments which different members of the Commission from Bar Councils have suggested for the Commission Rules.
He further demanded that registrars of the superior court should be appointed from amongst judicial officers and employees and not from the civil service.
VC PBC said it was resolved that judges should not be re-appointed to any position after their retirement, nor should they be granted any extension in service as that compromises their judicial independence.
“It was further resolved that the Bar Associations and Bar Councils shall take all necessary actions to uphold the seniority principle and merit at all levels in the appointment of Judges including filing petition before the Supreme Court”, the VC PBC concluded.
Chairman Executive Committee Muhammad Faheem Wali and other members who attended PBC’ 234th meeting on Thursday are Munir Ahmad Khan Kakar, Muhammad Tariq Afridi, Syed Amjad Shah, Muhammad Masood Chishti, Ch. Tahir Nasrullah Warraich, Muhammad Ahsan Bhoon, Abid Saqi, Syed Qalb-e-Hassan, Hafeez-ur-Rehman Chaudhry, Mirza Aziz Akbar Baig, Shafqat Mehmood Chauhan, Ch. Ishtiaq Ahmad Khan, Riazat Ali Sahar and Shahab Sarki.
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