ISLAMABAD: A senior member of the Pakistan Bar Council (PBC) on Monday expressed his scepticism through a letter to the body, suggesting that it reconsider its demand to fill the vacant office of a judge in the Supreme Court through elevation among lawyers.

Recently, the executive committee of the PBC demanded appointment from lawyers to serve on the bench in the Supreme Court against the current vacancy after superannuation of retired Justice Sheikh Azmat Saeed.

In the letter to the PBC, Raheel Kamran Sheikh proposed a number of suggestions by stating that he was somewhat sceptical about the demand put forth by the executive committee.

As the Latin maxim said that the law was written on sleeves of the judges, competence was a necessary but not sufficient condition to be a good judge, the letter says, adding that juristic ability, temperament, sense of responsibility and above all sense of justice and fairness were a few other pre-requisites for becoming a judge.

A brilliant lawyer might turn out to be a disappointment as a judge, the letter says, adding that this might well be because of the differences in the roles and absence of one or more of these prerequisites. Should the Supreme Court, which is the ultimate forum for the dispensation of justice, be made a testing ground to ascertain one’s abilities to serve on the bench, the letter poses a question.

It goes on to say that at the high courts level, the practice of appointments as Additional Judges for a certain period serves the system better, otherwise all those who were not confirmed would have been serving on the bench notwithstanding one or the other shortcoming.

“Indeed it does carry with it the fear that an additional judge may hesitate to act boldly in certain types of cases, however, the benefits clearly outweigh such limited conservatism as the process carries with it a good possibility of re-evaluating credentials to serve on the bench after initial appointment,” the letter said.

Published in Dawn, September 3rd, 2019

Opinion

Editorial

Judiciary’s SOS
Updated 28 Mar, 2024

Judiciary’s SOS

The ball is now in CJP Isa’s court, and he will feel pressure to take action.
Data protection
28 Mar, 2024

Data protection

WHAT do we want? Data protection laws. When do we want them? Immediately. Without delay, if we are to prevent ...
Selling humans
28 Mar, 2024

Selling humans

HUMAN traders feed off economic distress; they peddle promises of a better life to the impoverished who, mired in...
New terror wave
Updated 27 Mar, 2024

New terror wave

The time has come for decisive government action against militancy.
Development costs
27 Mar, 2024

Development costs

A HEFTY escalation of 30pc in the cost of ongoing federal development schemes is one of the many decisions where the...
Aitchison controversy
Updated 27 Mar, 2024

Aitchison controversy

It is hoped that higher authorities realise that politics and nepotism have no place in schools.