ISLAMABAD: Islamabad High Court Bar Association (IHCBA) members filed a written complaint with the chief justice of Pakistan raising objection to the appointment of ‘court auctioneer’.

As per notification issued by the Islamabad High Court administration on May 28, advocate Amir Touseef Azam Bhatti was appointed to auction properties attached by the subordinate judiciary.

According to the complaint filed by 17 senior lawyers recently, appointment of a single person to handle all auctions authorised by courts of federal capital had disappointed other members of the IHC bar.

The complaint states: “It is strange that an important notification (of May 28) has neither mentioned the law under which the appointment has been made nor has the issuing authority adopted proper hiring procedure. No one was even given opportunity to compete for the position.”

It alleged that the said appointment was “not only an act of nepotism and favouritism but violation of law and excessive use of administrative powers.”

It pointed out that the appointment of ‘auctioneer’ was a judicial process where the judges of the respective courts take decisions “whether the auction is to be conducted by the court itself by appointing any official of the court or to appoint any other person.”

“The notification is tantamount to interference in the judicial process and it would give a very bad name to the apex court,” the complaint said, adding that being the matter of public interest it should be decided on priority basis.

Advocate Riasat Ali Gondal, former vice president IHC bar, said that Rule 65 of Civil Procedure Code (CPC) explicitly stated that the judge of civil court or banking court can appoint different lawyers as ‘auctioneer’ as and when required.

“In Islamabad the courts deal with the auctions amounting to billions of rupees moveable and immovable properties therefore a single person is not suitable for handling the auctions ordered by various courts.” In order to maintain transparency, it is necessary that judges should appoint the ‘auctioneers’ after examining the overall repute and professional approach of lawyers, he suggested.

When contacted the ‘auctioneer’, Amir Bhatti, said other high courts in the past had made such appointments therefore his appointment was legal. He said it was the prerogative of the appointing authority to appoint ‘auctioneer’ therefore filing any complaint against such appointments would be a futile exercise.

Published in Dawn, September 21st, 2014