LHC CJ concerned at delay in judges posting

Published September 7, 2021
A file photo of Lahore High Court Chief Justice Muhammad Ameer Bhatti. — Photo courtesy LHC website
A file photo of Lahore High Court Chief Justice Muhammad Ameer Bhatti. — Photo courtesy LHC website

LAHORE: Lahore High Court (LHC) Chief Justice Muhammad Ameer Bhatti is concerned over a delay in appointment of the judges to the federal and provincial ex-cadre courts working in Punjab despite nominations forwarded to the federal law ministry.

A statement issued by the LHC spokesperson on Monday said the chief justice, soon after assuming the charge of his office, had met the federal and provincial authorities on July 10 and 13 on the issue of delay in the appointment of the presiding officers of the ex-cadre courts.

It said the representatives of the both governments had assured the CJ that the nominations sent by the LHC would be approved within 10 days.

The statement said that fresh letters had been written to the federal and provincial courts on the issue of judges vacancies as a large number of cases were pending before the courts in question.

PETITION: Justice Ali Baqar Najafi of the LHC on Tuesday (today) will hear a petition challenging the existing procedure for the appointment, transfer and posting of the judges in district judiciary that requires the CJ to consult the government.

A citizen, Akhtar Ali, had filed the petition through Advocate Mian Dawood, pleading that the legislative provisions that provide for the appointment of judicial officers without the control and supervision of high courts are ultra vires to the Constitution.

The petitioner asked the court to declare that present procedure of appointment, transfers and postings of district & session judges, presiding officers in all tribunals and special courts performing judicial functions of the state, including appellate tribunal inland revenue, environmental tribunals and customs appellate tribunal, do not meet the requirements of articles 175, 175 (3), 202 and 203 of the Constitution; therefore, they are unconstitutional.

He sought a direction to the federal and provincial governments to bring the relevant laws in accordance with requirements of the Constitution as well to ensure the financial independence of all tribunals dispensing justice under federal or provincial legislation.

Published in Dawn, September 7th, 2021

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