March 8, 2002	Friday	Zilhaj 23, 1422

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ISLAMABAD, March 7: Pakistan Bar Council on Thursday challenged the elevation of three judges of Lahore High Court to Supreme Court, stating those were made in violation of the principle of seniority, laid down by the apex court in various judgments.

The PBC has made the federation, the three judges elevated to the SC and the 10 judges who were ignored, parties in the case.

The petitioner body stated that the lawyer community was deeply disturbed over the elevation of junior judges to the SC. The principle of seniority, which had been settled by the apex court in some leading judgments, had been grossly violated, it contended.

Besides collectively challenging the elevation of three judges, Justice Fakeer Khokhar’s appointments was singled out. The petitioner body asked the court to pronounce whether the appointing authority and the consulted chief justice were not required to give reasons for preferring Justice Khokhar over 10 judges senior to him.

The PBC contended that such appointments would promote opportunism amongst the high court judges, resulting in a race for out of turn appointment to the Supreme Court.

Another question raised by the petitioner is whether a chief justice can be consulted under the constitution for appointment to be made against the vacancies that would occur after his retirement.

The petitioner body stated that elevation of junior judges to the SC in preference to senior judges had introduced an arbitrary practice of pick and choose amongst the high court judges.

“This is a very dangerous precedent for judicial system. Such a practice would seriously hamper and undermine the independence of judiciary and would create an anarchic situation within the judiciary,” it said.

The retention of high court chief justice while elevating his junior to the SC was also questioned by the petitioner, saying that it amounted to interference by the executive in the affairs of the judiciary.

The petitioner prayed the apex court to declare the appointment of Justice Khalilur Rehman Ramday, Justice Mohammad Nawaz Abbasi and Justice Khokhar as unconstitutional, invalid, void and of no legal effect.

In a separate prayer, the petitioner asked the SC to declare the appointment of Justice Khokhar as judge to be unconstitutional, on the ground that it violated the principle that “no one should be judge in his own cause.”