LAHORE, Dec 20: The Lahore High Court has been moved to restrain the government from appointing judges in the superior judiciary under ‘political considerations’.

Petitioner Syed Feroz Shah Gilani through AK Dogar advocate has prayed to the court to direct the prime minister to establish a judicial commission for the appointment of judges on the pattern of England and Wales.

The petitioner said: “The matter of judges’ appointment is a sacred trust but in Pakistan the appointments in superior judiciary are made without ascertaining the merit and impartiality of the candidates, ignoring the Islamic injunctions and also in violation of the provisions of the Constitution.”

He said the independence of judiciary is the foundation of democracy and socio-economic justice. Article 2-A of the Constitution states “the principles of democracy, freedom, equality, tolerance and social justice as enunciated by Islam, shall be fully observed.”

The petitioner stated the fundamental rights, including equality of opportunity and status of other lawyers, who have completed 10 years of high court practice, are negated and flouted by the government when they are not allowed to apply for appointment in the superior judiciary.

“Only people with political affiliations are appointed as judges,” the petitioner alleged.

He said contrary to the constitutional directions the present federal government secretly selected some lawyers having affiliations with a particular political party, to be appointed as the judges of high courts of the country.

The counsel said the petitioner addressed a letter to the prime minister pointing out the unconstitutionality and undemocratic methods of appointments in higher judiciary. In the letter the prime minister was also urged to constitute an impartial and independent “judicial appointments commission” like England.

But, the counsel said, the prime minister ignored the request of the petitioner.

The counsel asserted that the present government's decision to appoint judges of superior judiciary on political considerations was in violation of the Constitution as well as the directions of the Supreme Court especially the judges case cited as Al-Jihad Trust case wherein it was held that the appointments in superior judiciary should be made transparently and no person with political affiliation can be appointed as a high court judge.

The petitioner, therefore, prayed to the court to direct the federation not to proceed with appointment of judges in the superior judiciary in an arbitrary and unconstitutional manner.

He further prayed that before sending the names for appointment of judges and prior to the consultations with the chief justice, the prime minister be directed to obtain the recommendations of the judicial commission as is done in England and Wales.

And till the decision of the court a stay order should be granted against appointments in the superior judiciary, the petitioner said.