PESHAWAR, Feb 2: Supreme Court Bar Association president Qazi Mohammad Jamil, has expressed reservation over the proposed establishment of a federal court and said that it would deprive ordinary courts of their jurisdiction over certain laws.

It is learnt that the Federal Law Ministry had sought comments from Mr Jamil over the proposed law reforms as well as the proposed Federal Court Act, 2004, for the establishment of federal court.

Mr Jamil, who is also a former attorney general of Pakistan, has sent a letter to the federal secretary, Justice (Retd) Mansoor Ahmad, two days ago and has opposed the establishment of the federal court.

"I always considered it negation of Rule of Law if there is multiplication of such courts and tribunals depriving ordinary courts of law of their jurisdiction over certain subjects," he stated in his reply.

He added that in case the Ministry of Law insisted on the establishment of a Federal Court, he had serious objection to section 5 of the said bill referring to the appointment of the chief judge and other judges as well as section 18 dealing with the removal from office of the said judges.

Mr Jamil proposed that the chief judge and other judges should be appointed from a panel prepared by the Chief Justice of Pakistan and there should be no parallel authority with the executive to appoint judges outside the panel prepared by the Chief Justice. He said judges should be taken from professional lawyers and former judges having expertise on the subject of the jurisdiction of proposed federal court.

Mr Jamil proposed: "A judge of such a court must not be removed from his office by the president without adopting the procedure prescribed by the constitution for the removal of a judge of the High Court/Supreme Court." Similarly, the appointment of ad hoc judges must be based on recommendation made by the Chief Justice, he added.

The proposed court would have original and appellate jurisdiction on laws involving Import and Exports (Control) Act, the Copy Rights Ordinance, the Customs Act, the Drug Act, the Emigration Ordinance, the Oil and Gas regulatory Authority Ordinance, the Industrial Relations Ordinance under which a high court hears appeals against decision of courts and tribunals such as banking courts, drug courts, income tax tribunals and customs tribunals.

Under the proposed Federal Court Act, 2004, the federal court will have a principal seat in Islamabad with benches in provincial headquarters. The chief judge and other judges would be appointed by the president after inviting a panel from the Chief Justice and other professional bodies including public organizations.