Most of superior judiciary judges appointed from bar
By Nasir Iqbal
ISLAMABAD, June 23: Judges appointed to the superior judiciary from among the bar surpassed the number of career judges who joined judiciary through competitive examinations.
As many as 62 judges are from the bar while 23 are career judges out of a total of 92 judges. The National Assembly was told here Wednesday that 28 posts of judges were vacant in the judiciary, including the Federal Shariat Court (FSC), as 98 judges were working in the superior judiciary (including FSC) against the total strength of 126.
The Supreme Court is working with only 13 judges at present against a total strength of 17, facing a shortage of four judges. Similarly the Lahore High Court is facing a shortage of 12 judges as it is working with only 38 judges against a total strength of 50.
Likewise the Sindh High Court is facing a shortage of six judges as it is working with 22 judges against the total strength of 28 judges, while the situation in Peshawar High Court is equally not good since it is facing a shortage of two judges.
Currently 13 judges are working at the PHC. Same is the case with the Balochistan High Court which is facing a shortage of two judges as against the sanctioned strength of eight judges, only six are working in the BHC.
The Pakistan Bar Council as well as the Supreme Court Bar Association on a number of occasions have asked the government to immediately fill the vacant posts so that the pendency in the courts could be reduced since the courts were over worked.
On the other hand, the government claimed that vacancies of judges would be filled on the recommendations from the quarters concerned after consulting the constitutional consultees.
Informed sources however claimed that recommendations only in the context of the Supreme Court has already been forwarded by the Chief Justice of Pakistan. Details provided to the National Assembly suggested that the Supreme Court comprised with five judges elevated from the judicial service while eight from the bar.
In the apex court, Chief Justice Nazim Hussain Siddiqui, Justice Rana Bhagwandas, Justice Javed Iqbal, Justice Hamid Ali Mirza, Justice Sardar Mohammad Raza Khan were elevated to the Supreme Court from judicial service while Justice Iftikhar Muhammad Chaudhry, Justice Mian Muhammad Ajmal, Justice Deedar Hussain Shah, Justice Abdul Hameed Dogar, Justice Khalilur Rehman Ramday, Justice Muhammad Nawaz Abbasi, Justice Faqir Muhammad Khokhar and Justice Falak Sher were from the bar.
"There is nothing wrong in appointing judges from the bar if they are competent," Senator Farooq Naek, also a Supreme Court lawyer said while talking to Dawn. He said every body in this society had political affiliations but this should not come in the way while dispensing justice after his appointment as a judge in the superior judiciary.
"As long as he is a judge, he should be an impartial arbitrator who should not deviate against the norms of the law and dispense justice without fear or favour", he maintained.
According to Article 177 (2-b) of the Constitution, a person could be appointed as a judge of the Supreme Court if he has an experience of 15n years as advocate of a high court.
Similarly in the Lahore High Court, out of existing 38 judges only six are from the judicial service while 25 from the bar including the present LHC Chief Justice, Iftikhar Hussain Chaudhry.
Likewise seven judges in the Sindh High Court belonged to judicial service while 15 from the bar. Similarly only three judges in the Peshawar High Court are from service while 10 are from bar, whereas two are from service in the Balochistan High Court and four from bar.
