LAHORE, Sept 9: The Bar has accepted the elevation of Justice Iftikhar Husain Chaudhry as chief justice of the Lahore High Court despite the violation of the principle of seniority as a special case under peculiar circumstances.
Supreme Court Bar Association president Hamid Khan and office bearers of Pakistan and Punjab Bar councils and the Lahore High Court Bar Association stated this while speaking at a joint press conference here on Monday. They said the Bar continued to believe in the principle of seniority and expected it to be followed in all the judicial appointments in future.
They said the Bar had accepted the appointment of a junior judge as LHC chief justice because the attitude of the outgoing chief justice (Falak Sher) was non-cooperative. Bar members had heaved a sigh of relief on his replacement. They said the culture of insulting lawyers in the court at the time of dismissal of the case developed during the tenure of the outgoing chief justice should also be changed after his departure.
They said the Bar had accepted appointment of Justice Iftikhar Husain Chaudhry as chief justice under peculiar circumstances without compromising on its stand that all appointments in superior courts should be made strictly on seniority basis in the light of the Supreme Court decision in Judges Case.
They said the old practice of decision on bail applications after notices to the accused should be restored. The culture of dismissal of bail applications in limine in case of registration of cases against the petitioners developed by the outgoing chief justice should be changed because it was against the principle of liberty of citizens.
They said no doubt Justice Karamat Nazir Bhandari and Justice Mrs Fakharun Nisa Khokhar had been bypassed for the appointment of Justice Iftikhar Husain but a consent was visible in the shape of their silence and the decision of Justice Karamat Nazir Bhandari to accept appointment as ad hoc judge in the Supreme Court. Similarly, Justice Fakharun Nisa had attended the oath-taking ceremony of Justice Iftikhar Husain as chief justice and accompanied him during his round of the Bar along with other judges.
Pakistan Bar Council vice-chairmen Muhammad Ashraf Wahla, Punjab Bar Council vice-chairman Ramzan Chaudhry, PBC member Kazim Khan, PBC member Hafiz Abdul Rahman Ansari and LHCBA secretary Shahid Mahmud Bhatti also spoke at the press conference.
Meanwhile, the Bahawalpur High Court Bar Association and the Kahuta Bar Association hailed the elevation of Justice Iftikhar Husain Chaudhry as LHC chief.