ISLAMABAD: The expected but hasty resignation by Justice Iqbal Hameedur Rehman from the Supreme Court that shocked many remained the centre of debate on Monday with different group of lawyers discussing the issue at various corners of the Supreme Court Bar Room and none of them speaking ill of him.

“This is a great loss to the Supreme Court,” was the prompt reply when Attorney General Ashtar Ausaf Ali was asked to comment on the resignation of the judge.

He has elevated his stature larger than his father, said former law minister Khalid Ranjha. Justice Rehman’s father Justice Hamoodur Rehman was the Chief Justice of Pakistan who headed a commission to investigate the causes of the 1971 war with India that led to creation of Bangladesh.

Justice Iqbal Hameedur Rehman had tendered his resignation on Sunday from Lahore after Justice Amir Hani Muslim held all the appointments, deputation, absorption and reappointments, in the Islamabad High Court (IHC) from 2011 to the end of 2012 as illegal.

“The Chief Justice IHC and/or the Administration Committee of the high court have made appointments in the establishment (high court) in complete disregard of the mandate given by the Rules framed under Article 208 of the Constitution,” the apex court judgement had held.

Things became messy when IHC Bar Association General Secretary Mohammad Waqas sent a reference before the Supreme Judicial Council (SJC) seeking a restraining order for him.

But majority of the members of the legal fraternity took the development like a bitter pill and deplored the situation that forced the judge to answer the call of his conscience. Advocate Shah Khawar, a former high court judge, described Justice Rehman as an immaculate judge who always showed character in his conduct.

President of the Supreme Court Bar Association Barrister Syed Ali Zafar, however, welcomed and appreciated the resignation and said that this had enhanced the esteem of the institution of the Supreme Court.

The norm in our society should be that if a person had committed a mistake, then he should voluntarily make himself accountable by resignation, he said, adding that in this manner, the mistake could be forgiven and life would move on.

Barrister Zafar also expressed the hope that Justice Rehman would clear the air and respond to the rumours.

Speaking about the Supreme Court judgement regarding high court appointments, the SCBA president said that after careful examination of the facts and the rules, the apex court came to a categorical conclusion that judges involved in the appointments had acted “in complete disregard of the mandate given by the rules framed under Article 208 of the Constitution” and had been involved in “cherry picking by deliberately ignoring merits of the candidates”.

Barrister Zafar said that these were very serious allegations and that upon reading the judgement, he had already commented that it was likely that all those involved would resign and in this context Justice Rehman had taken a correct step.

Barrister Zafar also called upon judges of the IHC also involved in the appointments to do the right thing and tender their resignations as well, failing which the SJC was most likely to take strict action against them.

Senior counsel Tariq Mehmood was of the view that Justice Rehman never misbehaved even with an ill-prepared lawyer and would always come to the court with a clear mind and after going through the entire case before him.

Meanwhile, a senior counsel said on condition of anonymity that Justice Rehman was the only person who refused to take the oath under a PCO when the rest of many “heroes” pleaded to be administered the oath. “This upright man in fact was unfit in this hierarchy,” the counsel said.

Published in Dawn October 25th, 2016

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