PHC judge challenges elevation of 3 LHC judges to SC

Chief Justice Waqar Ahmed Seth says seniority principle has been violated in recent appointments

ISLAMABAD: Peshawar High Court (PHC) Chief Justice Waqar Ahmad Seth has challenged elevation of three Lahore High Court (LHC) judges to the Supreme Court in alleged violation of seniority principle.

Justice Seth filed a constitutional petition in the apex court under Article 184 (3) through renowned lawyer Hamid Khan, who heads one of the two major lawyers group, the independent group.

The judge challenged elevation of Justice Qazi Muhammad Amin Ahmed, Justice Aminuddin Khan and Justice Mazahar Ali Akbar Naqvi – all belonging to the LHC.

Justice Ahmed was appointed as an SC judge during the tenure of former chief justice of Pakistan Asif Saeed Khosa a month after his retirement from the LHC. He was 26th on the LHC seniority list.

Justice Aminuddin Khan was also elevated to the apex court even though he was fifth in terms of seniority in the LHC. Justice Mazahar Ali Akbar Naqvi was the third most senior judge in the LHC.

Some senior lawyers believe that this is not an appropriate time to raise this issue as there is a need of unity among judges against the executive’s attack on the judiciary in Justice Qazi Faez Isa case.

Pakistan Bar Council (PBC) Vice Chairman Abid Saqi who is also associated with Independent group, said the criteria of judges’ elevation should include competence and reputation, and seniority should not be the primary factor, adding that elevation of a judges to the SC is a fresh appointment.

Saqib did not agree that judges’ should be elevated through principle of seniority in view of Al Jihad case judgment. Quoting Al Jihad case judgment 1996, Justice Seth said he had legitimate expectancy for elevation to SC but he was ignored thrice.

The petitioner also questioned 2002 judgment which did not endorse the principle of seniority for elevation. The petition also criticised former CJPs – Irshad Hassan Khan and Sheikh Riaz. He said both the judges destroyed independence of judiciary.

The petitioner requested the Supreme Court to set aside appointment notification of the three SC judges and to consider senior high court chief justices for elevation to the SC on vacant posts.

The Sindh Bar Council (SBC) has already raised serious questions over “out-of-turn elevation” of judges to the Supreme Court in the last five years.

The PHC chief justice did not challenge elevation of Justice Muneeb Akhtar who was the fourth senior most judge of the Sindh High Court at the time of his elevation to the SC. Interestingly, seniority principle was not followed in elevation of incumbent CJP Gulzar Ahmed to SC.