Rules for lower judiciary: Judges’ rotation policy needs changes, SC told

CDA told to expedite the process of clearing Shahrah-i-Suhrawardy at Aabpara

ISLAMABAD: The top court on Thursday noted that there was no policy for rotating judges of the lower judiciary in the federal capital and warned lawyers in the city from misusing their greater numbers.

This was stated by the Chief Justice of Pakistan (CJP) Mian Saqib Nisar as he headed a three-member bench of the Supreme Court (SC) to hear a case on the rules of Islamabad’s lower judiciary. During the hearing, a large number of lawyers of the Islamabad Bar Association (IBA) were present.

During the hearing, CJP Nisar asked the government’s stance on a rotation policy for judges of Islamabad’s lower judiciary.

The court was told that the government had been asked to provide a formula for the rotation policy.

Deputy Attorney General Nayab Gardezi told the court that they have prepared a draft amendment for the rotation policy. They will be speaking with the Islamabad High Court (IHC) chief justice for approval of the draft policy.

CJP Nisar remarked that there appears to have been progress over the matter and that the government holds there is a need to amend the law to address the lacuna.

However, the court noted that it cannot direct to present the amendment in parliament. Even though it respects the bar, the CJP remarked that the court has to follow the Constitution and the law while delivering a verdict.

Islamabad High Court Bar Association (IHCBA) president complained that the government did not consult them over the amendments.

He stated that SC is an institution which will remain long after he retires, adding that this is not a straightforward issue and was in fact quite complicated.

Lawyer’s chambers

CJP Nisar also noted that he was aware of the incidents in Sector F-8 Kutchery. He noted that even if lawyers were more in number, it did not mean they abuse their numerical superiority.

The chief justice added that he was aware of the fact that lawyers had started building their chambers in the car park of the Sector F-8 Kutchery and they had allegedly blocked the entry of vehicles belonging to judges of Islamabad’s lower judiciary in the Kutchery.

A judge must be given the respect he is due of, observed CJP Nisar. He added that the SC has already taken suo moto notice over the matter and that he will ask the IHC to take up the issue of lawyer’s parking spaces.

He added that the media had incorrectly reported on the matter and asked lawyers to file a request so that notices can be sent to the relevant organisations.

Korang Nullah cleanup

In a case on disposing of trash in the Korang Nullah area, the SC has directed the Capital Development Authority (CDA) and the federal government to submit a report within a week.

This was directed as a two-member bench of the SC, headed by Justice Umar Atta Bandial, heard the case.

During Thursday’s hearing, a report was presented by the Deputy Attorney General Nayab Gardezi. It said that the government has constituted a commission on CDA’s regulations. Moreover, the CDA will select a temporary site to dispose of the trash while the commission will finalise a site for long-term waste disposal.

CDA’s lawyer told the court that the civic body will finalise a site for the temporary landfill this week to dispose of waste near Korang nullah.

Pakistan Environment Protection Agency (Pak-EPA) director general told the court that currently, all the trash was being dumped near a power plant and is then set on fire to dispose of it.

The environmental watchdog warned that setting waste on fire so close to a power plant could be the cause of a major accident.

Moreover, all the waste of the federal capital is currently dumped in Sector I-12 and residents of the sector have serious reservations about this. But now, there were plans to select a landfill in the Sangjiani area of the city. The court sought a progress report from the CDA and the government within a week. Further hearings of the case were adjourned until the third week of January.

Vacating Shahra-i-Suhrawardy

In a separate case, CJP Nisar directed to expedite the process for vacating Shahra-i-Suhrawardy at Aabpara in the federal capital and expressed his dismay over delays in this regard. A three-judge bench of the SC, headed by CJP Nisar, also rejected the official explanation on the matter.

In October 2018, the apex court had given four weeks to reopen the road, which has been closed since 2008 after terrorist attacks on several important buildings.

CDA’s Roads director told the bench that one side of the road has been specified for use but the other side was blocked due to security reasons.

“We are expanding the road so traffic flow is not affected," the CDA official explained.

The court was further told that maintenance work is underway on the road and it would be vacated soon.

"We have got all the roads in the country cleared, then why not this one," Justice Nisar remarked.

Subsequently, the court directed the CDA to submit an application stating that it has not been given control of both the sides of the road.

WITH ADDITIONAL INPUT FROM APP 

Published in The Express Tribune, January 4^th, 2019.