CJ’s recommendation: Ex-judge nominated for top Shariat Court post

Judicial Commission will consider Raza Khan’s name tomorrow.


Hasnaat Malik May 07, 2014
Chief Justice Tassaduq Hussain Jillani PHOTO: RIAZ AHMED/EXPRESS

ISLAMABAD:


Chief Justice Tassaduq Hussain Jillani has nominated retired Supreme Court judge Sardar Muhammad Raza Khan for the post of Federal Shariat Court chief justice, officials revealed to The Express Tribune.


The Judicial Commission of Pakistan will consider Raza Khan’s name as the Shariat Court’s top judge tomorrow (Thursday) as the incumbent chief justice Agha Rafiq Ahmad Khan is retiring on June 4 after completing a five-year term.

Officials said the CJP has recommended Raza Khan following the JCP Rule 3(1) 2010, according to which, “For each anticipated or actual vacancy of a judge in the Supreme Court or the Chief Justice of the Federal Shariat Court or the Chief Justice of a high court, the Chief Justice of Pakistan shall initiate nominations in the commission for appointment against such vacancy”.

Senior lawyer Tariq Mahmood has welcomed the CJP’s recommendation as Raza Khan’s Supreme Court judge career is deemed excellent.

He, however pointed out how bodies of law regarding appointment of judges conflict with each other. “In view of clause 7 of Article 175-A, senior-most judge of Federal Shariat Court will be appointed as the chief justice, therefore, the JCP Rule 3 (1) 2010 seems to be conflicting with the basic law, which allows the CJP to nominate the judge,” Mahmood explained.

Under Article 175-A of the Constitution, the procedure of appointing a Shariat Court chief justice is similar to that of appointing the chief justice of any high court i.e. appoint the senior-most judge.

Born in Abbottabad on February 10, 1945, Justice (retired) Raza Khan hails from Khyber-Pakhtunkhwa. He served as the civil judge and senior civil judge till May 1976 until he was promoted to the post of additional district and dessions judge.

He was elevated as additional judge on December 14, 1993 and then made chief justice of Peshawar High Court in April 2000. Two years later, he was appointed to the Supreme Court on January 10, 2002.

Justice Raza Khan, who refused to take oath under the PCO on November 3, 2007, retired from the Supreme Court on February 10, 2010.

Meanwhile, the JCP will also consider the appointment of ten Sindh High Court additional judges.

Sindh High Court Chief Justice Maqbool Baqir has recommended the name of National Accountability Bureau’s (NAB) Prosecutor General K K Agha to the JCP for the post of SHC additional judge. K K Agha was an SHC judge for a few months but was removed after the top court’s July 31, 2009 judgment.

This is for the first time since July 31, 2009 that the superior judiciary is considering the reappointment of a sacked judge. Similarly, Ahmad Raza Naqvi had remained a SHC judge but he was demoted in view of the July 31, 2009 judgment.

SHC CJ Baqir has nominated the names of four lower judiciary judges, as well as six lawyers, as the high court’s judges. “The names of the judges are Ghulam Qadir Laghari, Abdul Ghani Soomro, Syed Saghir Hussain Zaidi and Rashid Ahmad Soomro,” an official added. The names of six lawyers up for reappointment are Ahmad Raza Naqvi, Syed Saeeduddin Nasir, K K Agha, Muhammad Hassan, Muhammad Iqbal Kolhoro and Shahab Sarki.

Published in The Express Tribune, May 7th, 2014.

COMMENTS (4)

A J KHAN | 9 years ago | Reply

Our Constitution & Constitutional practices are at variant. Other than what justice Tariq pointed out about about the conflict of clause 7 of Article 175-A, & JCP Rule 3 (1) 2010 , There is no punishment for coming to power through rigged election in our constitution & we all take oath to uphold the creation of cheating. This is a shameful conflict.

Parvez | 9 years ago | Reply

It's worth asking for a cost to benefit exercise to be done regarding the superior judiciary.

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