ISLAMABAD:
The superior judiciary has decided to consider the re-appointment of two Lahore High Court judges who were shown the door by the Supreme Court on July 31, 2009, as they were appointed by the ‘de facto’ chief justice Abdul Hameed Dogar.
Sources revealed to The Express Tribune that Chief Justice Nasirul Mulk has summoned a meeting of the Judicial Commission of Pakistan (JCP) on October 2 regarding the appointment of 11 Lahore High Court judges.
The sources said LHC Chief Justice Khawaja Imtiaz has recommended two deposed judges - Justice Ali Akbar Qureshi and Anwarul Haq Pannu - as LHC judges. “Ali Akbar was appointed as LHC additional judge on February 9, 2008 and Anwar-ul-Haq Pannu was appointed on March 1, 2008 but both were ousted through July 31, 2009 judgment,” sources said.
On May 8, the commission approved the reappointment of Aamir Raza Naqvi as Sindh High Court judge. The commission had also offered NAB Prosecutor General K K Agha reappointment as SHC judge but he refused to renounce his British nationality.
Supreme Court Bar Association president Kamran Murtaza told The Express Tribune that the LHC CJ’s decision is appreciated. He said lawyers want the superior judiciary to also consider the reappointment of those who are competent and have a good reputation in the legal fraternity. The SCBA president has also urged the chief justices of Balochistan High Court and Peshawar High Court to consider the appointment of removed judges as well.
Former PBC vice-chairman Muhammad Ramzan Chaudhry addressed the full court on April 11 regarding the issue. “Our constitutional history is replete with instances of the removal of judges by non-political forces. Sadly, on July 31, 2009, for the first time in our judicial history, a few judges removed a large number of their own brethren. In other words, 14 judges of the superior court sacked over 100 judges without hearing them, disregarding Article 209 of the Constitution. Unfortunately, this led to a divide between the bench and the bar,” he said at the time. He requested the SC to revisit its judgment and the PBC has also moved a petition against the court’s landmark verdict.
More than 100 judges were ousted due to the SC’s July 31, 2009 ruling but former chief justice Iftikhar Muhammad Chaudhry did not consider their reappointment during his four-year tenure.
Meanwhile, sources also said the LHC CJ has initiated the names of Qazi Amin, Mirza Waqas, Khalid Malik, Shahram Sarwar, and Muhammad Ibrahim Khan for appointment as judges of the high court. Three of these nominees belong to the Rawalpindi division.
The Express Tribune has also learned that the commission will consider the appointment of five additional judges of Peshawar High Court on October 2.
PBC elects its new vice chairman
After the resignation of Muhammad Ramzan Chaudhry, Burhan Moazzam Malik has been unanimously elected as the new PBC vice chairman. Burhan Moazzam Malik earlier remained a member of the Punjab Bar Council and chairman of executive committee of the Pakistan Bar Council. A senior member of the PBC said the decision had been made between the outgoing and incoming vice chairman that each will occupy this post for six months only.
Published in The Express Tribune, September 23rd, 2014.
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Kindly please provide follow through of your news article . You mentioned about JCP meetin. On 2nd October, I would really appreciate if you could find out the result of the meeting and share with your regular readers. I believe the meeting was never confirmed.