PESHAWAR: Several lawyers from different districts on Saturday challenged in the Peshawar High Court the requirement of two years’ experience for appointment of civil judges.

A total of 13 lawyers have filed a joint petition requesting the high court to declare as illegal the requirement of experience, which was brought about in 2015 by the then governor by amending the Khyber Pakhtunkhwa Judicial Service Rules, 2001.

They prayed that the aspirants, who lacked the requisite experience but were qualified otherwise as per rules, may be allowed to undertake the examination to be held for filling the posts.

Nouman Muhib Kakakhel Advocate submitted the petition on behalf of the petitioners.

The counsel pleaded that 120 posts of civil judges/judicial magistrates/Ilaaqa Qazi had been advertised recently.

He stated that the rules as originally enacted were having no experience requirement, but they were amended in 2015, wherein two years’ experience was added.

The counsel said in Sindh, there was no requirement of experience, but the people of KP were being discriminated against, and new graduates and lawyers were being deprived of it despite being fully prepared to undergo the examination.

The counsel pleaded that the rules were made by the executive wherein no guidelines or guidance were provided by the legislature.

Therefore, it amounted to excessive delegation of judicial powers, which negated the doctrine of separation of powers and the salient features of the Constitution.

He prayed that the amendment brought in 2015 might kindly be declared ultra vires of the Constitution and the rules as enacted originally may kindly be restored.

Published in Dawn, November 17th, 2024