ISLAMABAD: The Pakistan Bar Council (PBC) on Thursday regretted that crucial tenure-based assignments in different courts and tribunals were being repeatedly allocated to retired judges of the High Courts and District and Sessions Judges.

This practice warrants immediate attention and resolution, said a statement issued by Vice Chairman (PBC) Riazat Ali Sahar and Chairman, Executive Committee, Farooq Hamid Naek, acknowledging the invaluable experience and wisdom that retired judges bring to the legal system and deeming it acceptable to appoint retired judges to such important posts once in exceptional cases.

However, the statement said that the council is deeply concerned by repeated extensions and re-assignments granted to the same retired judges, adding that this practice poses a significant challenge to the morale of practicing lawyers and sitting judges.

In the statement, it was also said that it was an undeniable fact that retired judges already enjoyed the benefits of pensions and privileges rightfully accorded to them, therefore, PBC questioned the necessity of burdening them with re-assignments, which could instead be entrusted to deserving lawyers and sitting judges eager to contribute their skills and expertise to the administration of justice.

Furthermore, if they are so burdened for assignment, they should not be given additional benefits except pensions and privileges already accorded to them, or the said pensions and privileges should be stopped during their period of assignment, said the statement. The statement added that receiving double benefits imposes an unjustifiable burden on the national exchequer.

PBC urged the relevant authorities to heed the call for a thorough review of the issue and to prioritise the fresh appointment of lawyers and sitting judges for these pivotal assignments. By doing so, a more equitable distribution of opportunities within the legal fraternity while upholding the sanctity and credibility of our judicial system can be ensured.

It also said that, as the leading voice of the legal community, PBC remains steadfast in its commitment to protecting transparency, accountability, and fairness within the judiciary. We stand united in voicing the genuine concerns of our fraternity and will continue to strive towards a legal system that serves the interests of justice and upholds the rule of law, the statement said.

Published in Dawn, February 23rd, 2024