Restraining order challenged

Judge was barred from working under National Judicial Policy.

LAHORE:

An accountability court judge on Friday moved a petition at the Lahore registry of the Supreme Court challenging a Lahore High Court directive restraining him from carrying on judicial work.

Petitioner Syed Ali Hassan Rizvi submitted that a division bench of the LHC had stopped him from holding court following a petition challenging his post-retirement appointment. He said the order was passed without allowing him a chance to defend himself. He said he was appointed as an accountability court judge after his retirement as a district and sessions judge in accordance with the established procedures.

The petitioner requested the Supreme Court to set aside the LHC order and allow him to perform his duties. An LHC division bench consisting of Chief Justice Ijaz Ahmad Chaudhry and Justice Mazhar Iqbal Sidhu had on May 30, 2011,barred Rizvi from holding court.

Petitioner Muhammad Shahzad had submitted that the accountability judge was working in violation of the National Judicial Policy that barred re-appointment of retired judges. He had said that Rizvi was appointed as a judge of an accountability court on October 10, 2010, two days after his retirement.

A Law Ministry letter in defence of the appointment had stated that Rizvi was sent to the accountability court in October 2009 on deputation for a three-year period. The letter said a retiring judge could continue in an assignment until its completion.



Published in The Express Tribune, July 16^th, 2011.