November 7, 2001	Wednesday	Shaba’an 20, 1422

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ISLAMABAD, Nov 6: The Supreme Court on Monday adjourned hearing of two writ petitions filed by three judges of the Lahore High Court regarding an inter se seniority dispute.

A three judge-bench, comprising Chief Justice Irshad Hasan Khan, Justice Mohammad Arif and Justice Qazi Mohammad Farooq, accepted the request of one of the petitioners, Justice Fakhar -un-Nisa Khokhar, to adjourn the hearing of the matter. The case will be taken up on Dec 3.

The court was informed by Justice Fakhar-un-Nisa Khokhar that she had first engaged advocate Shameem Abbas Bokhari, but he had backed out. Then, she said, she had engaged Q. M. Salim, who, too, had shown his reluctance.

She stated that Abdul Hafeez Pirzada, senior Supreme Court (SC) advocate, had agreed to appear on her behalf, but was on general adjournment from Nov 12 to 23, as he had intended to proceed abroad for a medical check-up and would be available after Nov 24.

It was noted that despite notice, no one had entered appearance on behalf of Justice Javed Ahmad Buttar.

The court ordered that the process be repeated. The court also ordered that since Justice Muhammad Asif Jan had retired, his name be deleted from the list of respondents.

The dispute arose when the President Mohammad Rafiq Tarar had drawn seniority of the Lahore High Court under which Justice Mohammad Nawaz Abbasi has been declared senior to the petitioners.

The petitioner judges, inter alia, have raised the issue whether it is in the competence of an executive functionary to draw inter se seniority of a high court judge, and also whether it is not contrary to the concept of independence of judiciary.