Challenged in court: Comments sought on appointment of retired judicial officers
Practice to appoint retired judicial officers as presiding officers for ex-cadre posts had been disapproved, petition
The court was also requested to declare such appointments are illegal and against the decisions of the SC and NJPMC. PHOTO: FILE
KARACHI:
The Sindh High Court (SHC) sought comments from the federal and provincial law ministries on a petition challenging contractual appointments of retired judicial officers in the ex-cadre or administrative posts against the decision of the Supreme Court (SC) and the National Judicial (Policy Making) Committee (NJPMC).
The bench also directed its registrar to file comments by the next date of hearing.
Muhammad Rafique Khan, a practising lawyer and former member of the Karachi Bar Association's managing committee, had challenged the appointments of the judicial officers in the subordinate judiciary of the province.
He informed the bench that the NJPMC, under the chairmanship of then Chief Justice of Pakistan Iftikhar Muhammad Chaudhry, had remarked in its statement dated December 10, 2013, that the practice to appoint retired judicial officers as presiding officers for the ex-cadre posts had been disapproved.
He claimed that the policy lays stress on placing of special courts and tribunals under the administrative control of the judiciary and appointing qualified presiding officers in such courts/tribunals on the recommendations of the chief justices of the respective high courts. The policy adds that the practice of the appointment of retired judges or judicial officers as presiding officers of such courts has been disapproved, he said.
Khan said the practice of appointing retired judges will adversely affect the judicial system, adding that because retired judicial officers do not have assurance of further extension, they are not passionate and accountable. He claimed that the performance of the anti-terrorism and national accountability courts are examples of this, adding had there been no contractual judges occupying such positions, the performance and effectiveness of these courts would have been more accelerated and trust-generating.
The petitioner contended that despite clear and non-ambiguous directions, the respondents have appointed retired district and sessions judges as well as many others against vacant posts in administration, ex-cadre and other courts.
They include retired district and sessions judges appointed in anti-terrorism, anti-corruption and accountability courts as well as special courts that look into financial crimes at banks. They include Arshad Noor Khan, Muhammad Javed Alam, Khalida Yaseen, Bashir Khoso, Muhammad Riaz Rajput, Iqbal Ahmed Khawaja, Abdul Ghafoor Memon, Ghulam Mustafa A Memon, Syed Kausar Hussain Bukhari, Jan Muhammad Lanjar, Lal Muhammad Khero,
The petitioner claimed that the federal and provincial governments had appointed three lawyers as presiding officers of ATCs and judicial member of the custom, excise and sales tax appellate tribunal's bench-I in Karachi.
The court was told that the appointments of retired judicial officers or advocates, made in violation of the several orders passed in different proceedings before the Supreme Court, are illegal, hence should be terminated.
Therefore, the court was pleaded to call record of all such appointments through SHC Registrar under Article 189 of the Constitution.
The court was also requested to declare such appointments are illegal and against the decisions of the SC and NJPMC. Moreover, it was pleaded that the judicial officers and advocates be restrained from serving on ex-cadre or administrative posts.
Published in The Express Tribune, August 15th, 2016.
The Sindh High Court (SHC) sought comments from the federal and provincial law ministries on a petition challenging contractual appointments of retired judicial officers in the ex-cadre or administrative posts against the decision of the Supreme Court (SC) and the National Judicial (Policy Making) Committee (NJPMC).
The bench also directed its registrar to file comments by the next date of hearing.
Muhammad Rafique Khan, a practising lawyer and former member of the Karachi Bar Association's managing committee, had challenged the appointments of the judicial officers in the subordinate judiciary of the province.
He informed the bench that the NJPMC, under the chairmanship of then Chief Justice of Pakistan Iftikhar Muhammad Chaudhry, had remarked in its statement dated December 10, 2013, that the practice to appoint retired judicial officers as presiding officers for the ex-cadre posts had been disapproved.
He claimed that the policy lays stress on placing of special courts and tribunals under the administrative control of the judiciary and appointing qualified presiding officers in such courts/tribunals on the recommendations of the chief justices of the respective high courts. The policy adds that the practice of the appointment of retired judges or judicial officers as presiding officers of such courts has been disapproved, he said.
Khan said the practice of appointing retired judges will adversely affect the judicial system, adding that because retired judicial officers do not have assurance of further extension, they are not passionate and accountable. He claimed that the performance of the anti-terrorism and national accountability courts are examples of this, adding had there been no contractual judges occupying such positions, the performance and effectiveness of these courts would have been more accelerated and trust-generating.
The petitioner contended that despite clear and non-ambiguous directions, the respondents have appointed retired district and sessions judges as well as many others against vacant posts in administration, ex-cadre and other courts.
They include retired district and sessions judges appointed in anti-terrorism, anti-corruption and accountability courts as well as special courts that look into financial crimes at banks. They include Arshad Noor Khan, Muhammad Javed Alam, Khalida Yaseen, Bashir Khoso, Muhammad Riaz Rajput, Iqbal Ahmed Khawaja, Abdul Ghafoor Memon, Ghulam Mustafa A Memon, Syed Kausar Hussain Bukhari, Jan Muhammad Lanjar, Lal Muhammad Khero,
The petitioner claimed that the federal and provincial governments had appointed three lawyers as presiding officers of ATCs and judicial member of the custom, excise and sales tax appellate tribunal's bench-I in Karachi.
The court was told that the appointments of retired judicial officers or advocates, made in violation of the several orders passed in different proceedings before the Supreme Court, are illegal, hence should be terminated.
Therefore, the court was pleaded to call record of all such appointments through SHC Registrar under Article 189 of the Constitution.
The court was also requested to declare such appointments are illegal and against the decisions of the SC and NJPMC. Moreover, it was pleaded that the judicial officers and advocates be restrained from serving on ex-cadre or administrative posts.
Published in The Express Tribune, August 15th, 2016.