Petition against judges promotion

Published December 17, 2003

LAHORE, Dec 16: The Lahore High Court on Tuesday directed Attorney General Barrister Makhdoom Ali Khan to state on Jan 29 the position of federal government in promoting five judges to the Lahore High Court whose appointment had been challenged on the basis of their seniority.

Justice Chaudhry Ijaz Ahmad directed Deputy Attorney General Sher Zaman to inform the attorney-general that he should appear in the court to explain the federal government’s position.

The appointment of five judges, who had been presiding over different accountability courts in the Punjab as district and sessions judges, was challenged by Watan Party head Barrister Zafarullah Khan on the ground that all appointments had been made without taking the principle of seniority into consideration.

Challenging the elevation of Justice Pervez Ahmad, Justice Chaudhry Ifitkhar Husain, Justice Farrukh Lateef, Justice Syed Sakhi Husain Bukhari and Justice Rustam Ali Malik, the petitioner cited the principles of seniority as determined by the Supreme Court in the Al Jihad Trust Case and the Asad Ali Case and submitted that no such considerations were kept in view while making the appointments. The petitioner contended that more senior district and sessions judges were not considered for the appointment.

The petitioner contended that the government decision amounted to a reward for the promoted judges who had awarded punishments to a number of opposition politicians as presiding officers of accountability courts under the NAB law.