LAHORE: Lahore High Court outgoing Chief Justice Muhammad Yawar Ali has promoted two of the officers of his staff as additional registrar (BS-20) after relaxing rules two days before his retirement.

A notification issued by the LHC registrar states, “The honourable chief justice has been pleased to promote the following officers as additional registrar (BS-20), on administrative side, in relaxation of Rules, in the public interest, with immediate effect.”

The officers who got promoted are Afzaal Fazal Khokhar, senior private secretary/secretary to chief justice and Muhammad Ishaque Khaliqui, court associate/additional registrar (court).

Through another notification, the chief justice created two new posts of additional registrar to post the two officers against them.

Mr Khokhar has been posted as additional registrar (protocol for retired judges) and Mr Khaliqui has been posted as additional registrar (election tribunals).

The chief justice also promoted Nadeem Masih, Naib Qasid (BS-4) of his court as Qasid (BS-5) on regular basis in relaxation of rules.

CJ Yawar Ali is set to reach superannuation on Monday (Oct 22).

Exercise of discretionary powers to benefit their personal staff by chief justices before retirement has been a common practice in the high court.

Officers in the LHC establishment see the exercise of discretionary powers by the outgoing chief justice by relaxing rules as a violation of 2016 Supreme Court judgment regarding appointments in Islamabad High Court (IHC).

They say that the SC had discouraged the exercise of discretionary powers by a chief justice under Rule 26 of high court rules unless it was “just and equitable”.

After the apex court’s judgment against appointments made under Rule 26 and out of turn promotions, then IHC chief justice Iqbal Hameedur Rehman had tendered resignation being judge of the SC.

Sources claim that the promotion and appointment of the two officers against newly created posts is also against the decisions of LHC Administration Committee.

It is to mention that a writ petition challenging the practice of relaxing rules by chief justices of the LHC and out of turn promotions is pending adjudication in the court since 2016. LHC deputy register Muhammad Akmal Khan had moved the petition.

The officer argues that many of the LHC employees have been holding posts in leverage of Rule 26 of the LHC Establishment Rules.

Published in Dawn, October 21st, 2018