ISLAMABAD: While the law ministry has been sitting on a summary for the reappointment and extension of term for accountability judge Mohammad Bashir for some time, the newly-elected president of the Islamabad High Court Bar Association (IHCBA) has strongly criticised the IHC administration for seeking an extension of the judge’s service tenure beyond the mandated period.

According to the Section 5 (A) (1) of the National Accountability Ordinance (NAO), 1999: “a judge of the court who is a serving as a district and sessions judge shall hold office for a period of three years from the date of his initial appointment as such judge.”

IHCBA’s newly elected president Syed Javed Akbar told reporters on Saturday that the demand for extension of Mr Bashir’s service was not only in contravention of the NAO, but it also contradicted Chief Justice of Pakistan Mian Saqib Nisar’s promise of rotating judges of the subordinate judiciary.

He said the lawyers of the federal capital supported the rotation of judges in the subordinate judiciary after every three years because the judicial officers posted to the Islamabad judiciary had also brought with them their lawyers friends to practise. He added that regular transfer of judges would discourage such ‘internal migration’.

Mr Bashir’s term is set to expire on March 13. He was appointed a judge of the accountability court in 2012. In 2015, the Pakistan Muslim League-Nawaz (PML-N) government, acting on recommendations of the IHC, had — in an unprecedented move — extended his term for another three years. The judge’s second term is now set to end in a few weeks.

Mr Bashir is the judge who had acquitted former president and co-chairperson of the Pakistan Peoples Party (PPP) Asif Ali Zardari in five corruption references.

On Feb 24, the IHC’s administration asked the ministry of law and justice to extend the term of service for district and sessions judge (D&SJ) Mohammad Bashir for the accountability court-I of Islamabad in response to the ministry’s letter dated Feb 21.

The IHC registrar stated the reason for requesting the reappointment saying: “this court is facing a paucity of judicial officers, particularly of the cadre of D&SJs [BPS-21]. Presently, out of 15 sanctioned posts of D7SJs in the Islamabad Judicial Service, 13 are working [with the IHC].”

Judge Bashir is presently conducting the trial of ousted prime minister Nawaz Sharif, his family and defunct finance minister Ishaq Dar. The Supreme Court, in its July 28, 2017, verdict had directed the accountability court to conclude a trial in six months while Justice Ijazul Ahsan of the apex court has been appointed as the supervisory judge to ensure the completion of trial in six months.

Sources in the law ministry have said that the summary for the appointment of D&SJ Mohammad Arshad Malik to the accountability court-II of Islamabad had been sent to the Prime Minister Shahid Khaqan Abbasi. However, matters pertaining to the reappointment of Mr Bashir were pending with the law ministry.

Published in Dawn, March 4th, 2018