PBC assails elevation of junior judges

Published September 17, 2005

ISLAMABAD, Sept 16: The Pakistan Bar Council (PBC) on Friday condemned the elevation of two judges in the Supreme Court from the Punjab over the head of the Lahore High Court (LHC) Chief Justice for the third time and said the practice violated the seniority principle and undermined the judiciary’s independence.

PBC Vice Chairman Hafiz Abdul Rehman Ansari, PBC executive committee head Hamid Khan and Punjab Bar Association member Sanaullah Zahid told reporters that the PBC in its meeting had adopted a set of resolutions deploring the practice of appointing from the Punjab junior judges to the chief justice LHC when in respect of other three high courts only chief justices were elevated to the apex court.

On Monday, President Pervez Musharraf had elevated the chief justice of the Balochistan High Court and two judges of the LHC to fill three seats in the Supreme Court and appointed two retired judges as ad hoc judges for one year.

“The lawyers community and the public have noted with deep disappointment that only the chief justices of the high courts other than the Punjab have been elevated to the apex court, but the LHC chief justice is being retained in the Punjab for the third time,” Mr Ansari said.

“This practice is reprehensible and based on sinister motives designed to undermine an independent judiciary and destroy its judicial fabric.”

The PBC also demanded revocation of the appointment of two ad hoc judges in the apex court while noting that the practice of ad hocism had caused incalculable harm to the judiciary in the past.

The appointment of a retired judge as ad hoc judge has been made in violation of Article 182-B of the Constitution, which is silent about appointment of a retired judge of a high court as ad hoc judge of the apex court.

“All those who are parties to such an appointment have virtually subverted the constitution,” they said.

Through another resolution, the PBC also expressed its shock and dismay over the “electoral fraud” and “massive rigging” committed in the local government elections 2005.

The Election Commission is an active party to the “farce” in the name of local body elections, which deliberately turned its face and shut its eyes to the massive rigging and electoral fraud committed by the federal and provincial governments, the resolution said.

This exercise is a slur in the name of elections, democracy and another blow to the democratic process in the country.

During the elections, judicial officers acting in the capacity of district returning officers or returning officers have allegedly been seen indulging in corrupt practices either to please the governments in power or to enrich themselves by receiving bribes and other illegal gratification.

“They changed the results of the counts, dishonestly ordered re-polling or its stoppage and sold unused ballots to the highest bidder,” the resolution said.

“Thus, they brought shame and debased the institution of the judiciary, therefore, the results of such elections do not lend any legitimacy to the persons holding offices,” it said.

The PBC also deplored demolition of LHC historic building of the LHC.

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