November 11, 2001	Sunday	Shaba’an 24, 1422

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ISLAMABAD, Nov 10: Four civil judges, facing dismissal, have approached the Supreme Court, demanding that the law, giving unbridled powers to the chief justices of high courts should be declared ultra vires to the provisions of the Constitution.

The petitioners, including Mohammad Yahya Khan Kulachi, civil Judge, Gujrat; Mohammad Afzal Khan, civil judge, Sahiwal; Akhtar Ali Shah Akhtar, civil judge, Burewala, and Mohammad Hanif, civil judge, Rahim Yar Khan, have invoked the original jurisdiction of the apex court for seeking a declaration that provisions of Punjab Subordinate Judiciary Service Tribunal Act were violative of the right of citizens guaranteed under the Constitution.

The chief justice of Lahore High Court,after perusing petitioners service record and having noticed that the petitioners had been earning adverse remarks, touching integrity, in their Annual Confidential Reports (ACR), had issued them show- cause notices to explain as to why they should not be dismissed.

The petitioners contended that provisions of the Punjab Subordinate Judiciary Service Tribunal Act, were in violation of the Constitution of Islamic Republic of Pakistan and against the dictum laid down by superior courts.

They demanded of the Supreme Court to declare the Punjab Subordinate Judiciary Service Tribunal Act null and void as the tribunal, constituted under section 4 of the Act, was in violation of law and be declared as such.

It was further demanded that provisions of section 3(c) of the Punjab Civil Servants (E&D) Rules, 1999, permitting the authority to dispense with the inquiry of the case, was also in violation of the Constitution, which might also be struck down and be declared illegal, void and against the provisions of the Constitution.

As an interim measure, the petitioners demanded that the show- cause notices issued to them by the LHC be declared illegal and void as, under the High Court West Pakistan Delegation of Power Rules, 1960, only a provincial government was competent to pass such orders.