ISLAMABAD: The Pakistan Bar Council (PBC) urged the Supreme Court on Thursday not to entertain petitions like the curative review petition against Justice Qazi Faez Isa or those seeking a presidential form of governance since they were beyond the ambit of the Constitution.

A resolution adopted after a meeting of office-bearers of bar councils, members of the Judicial Commission of Pakistan (JCP), and presidents of bar associations called for adherence to the seniority principle in all appointments to the Supreme Court so that “arbitrariness, nepotism, bad blood and factionalism within the judiciary” could be avoided.

Khushdil Khan, the PBC vice chairman, Syed Amjad Shah, Abid Saqi, Akhtar Hussain and Munir Kakar said at a press conference after the meeting that they would oppose the nomination of Justice Mohammad Ali Mazhar to the Supreme Court since he was fifth on the Sindh High Court’s seniority list.

The lawyers also opposed the appointment of ad hoc judges to the apex court.

The lawyers’ bodies decided to approach the Parliamentary Committee with a request to withhold approval for the nomination of Justice Mohammad Ali Mazhar.

An appeal was made to the JCP to work out “transparent and objective criteria” for the appointment of judges.

According to the resolution, a campaign will be launched to persuade parliament and all political parties to repeal the 19th Amendment since it had created an “imbalance between stakeholders within the judicial system” and made the “judiciary unaccountable”.

The bar associations and bar councils resolved that they would not hold any reception or dinner in honour of Justice Mushir Alam after his retirement later this month. Justice Alam is a JCP member and attended the meeting which approved the elevation of Justice Mazhar.

The PBC vice chairman alleged that “it has been brought to our attention that the junior judge from SHC is a relative of Justice Mushir Alam”.

The resolution called for an urgent meeting of the JCP to deliberate on amendments suggested in the Judicial Commission of Pakistan Rules by its members who represent different bar councils as they were pending since long.

Another plea was that registrars in the Supreme Court as well as in the high courts be appointed from amongst judicial officers or employees, and not from the civil service.

Judges should not be reappointed to any position after their retirement nor should they be granted any extension in service as that “compromises on their judicial independence”, another resolution suggested.

The lawyers’ bodies decided to hold conventions of bar associations and councils across the country to press for adherence to the seniority principle in the appointment of judges.

The PBC also decided to recommend to the superior judiciary to initiate proceedings before the Supreme Judicial Council against all judges who were found unfit for elevation to the Supreme Court on the ground of incompetence or misconduct. “A judge once found and declared unfit for elevation should be equally unfit to serve at a high court.”

It was recommended that cases pending before the Supreme Judicial Council be taken up on a day-to-day basis.

The PBC said a copy of every complaint or reference submitted to the SJC against any judge should be immediately transmitted to it.

Published in Dawn, August 6th, 2021