LAHORE, Dec 1: Supreme Court Bar Association president Malik Mohammad Qayyum has said the association will move the apex court against the appointment of additional judges in the Lahore High Court. Answering questions at a ceremony where five judges took oath after being confirmed upon completion of one-year term as additional judges, Mr Qayyum said the appointment of temporary judges against permanent posts was unconstitutional and contravened the apex court decision in the Al-Jihad Trust case.

Malik Qayyum said justices Mohammad Nawaz Bhatti, Syed Shabbar Raza Razvi and Syed Hamid Ali Shah performed judicial duties similar to permanent judges, and delaying their confirmation for another one year was a serious blow to the independence of the judiciary. Such an attitude also raised personal questions against judges in society in a situation when the people had already lost faith in courts, he added.

Citing the Constitution, the SCBA president said that it did not envisage the appointment of additional judges against permanent posts in high courts. However, there could be exceptional circumstances when there were no vacancies and a high court still required more judges to dispose of the workload, he said.

He said such appointments were against the sublime norms of justice.

Asked as to why was he present in the ceremony, he said he was invited as the head of the apex bar association. Besides, he wanted to dispel the impression that the bench and the bar did not enjoy good relations.

AZAM: Meanwhile, former secretary of the Lahore High Court Bar Association Azam Nazir Tarar told reporters that the decision of not confirming three of the eight additional judges had adversely affected the seniority of those judges who were allowed to work temporarily for another one year. He said this did not augur well for the judiciary and its independence.

According to him, the three judges were now placed below their colleagues who were junior to them when appointed as additional judges one year ago. This amounted to the violation of the Supreme Court decision on seniority of judges, he added.