PESHAWAR: Khyber Pakhtunkhwa Bar Council on Wednesday announced three-day strike across the province against non-elevation of Peshawar High Court Chief Justice Waqar Ahmad Seth to the Supreme Court of Pakistan by the federal government and Judicial Commission of Pakistan (JCP).

The council announced that lawyers would stay away from court proceedings including the high court. The lawyers also boycotted courts across the province on March 17 whereas the legal fraternity in Peshawar had observed strike on March 16 on the same issue.

In a joint press statement, KPBC vice chairman Shahid Raza Malik and chairman of its executive committee Shahid Riaz Burki said that PHC Chief Justice Waqar Ahmad Seth was among the most senior chief justices of high courts in Pakistan and he had to be elevated to the apex court in accordance with principle of seniority but the JCP had not considered his name for that purpose.

They flayed the recent elevation of a judge of Lahore High Court, Justice Syed Mazhar Ali Akbar Naqvi, to the Supreme Court while not considering Justice Waqar Seth for that elevation.

They said that Justice Waqar Seth, a competent judge, was known for delivering judgments without any fear or favour.

Say Justice Waqar Ahmad Seth is among the most senior chief justices of high courts

They stated the principle followed for the elevation of judges to the apex court was nomination of the most senior chief justice of high courts but in the present case, a junior judge was elevated to the apex court in an ‘unconstitutional and illegal’ move.

They said when the country’s president and senior judges violated the principle of seniority, then what the people seeking justice would expect from it.

The lawyers’ representatives said that all provinces were units of the federation, while their rights should not be violated in such a manner.

Criticising the elevation of Justice Mazhar Naqvi to Supreme Court, they declared it an attack on independence of judiciary.

While Chief Justice Waqar Seth was heading a special court, which had convicted former president retired General Pervez Musharraf for committing high treason under Article 6 of Constitution, Justice Mazhar Ali Naqvi headed a Lahore

High Court bench, which had declared unconstitutional the establishment of the said special court.

Currently, Sindh High Court Chief Justice Ahmad Ali M Sheikh is the most senior chief justice of high courts as he was appointed on March 15, 2017, followed by Chief Justice Waqar Seth, who was appointed to the current post on June 28, 2018.

Published in Dawn, March 19th, 2020