Delay in judges’ appointment hurdle in dispensation of justice: SCBA

Suggests amendments in Article 175 (A) of the Constitution for making the appointment process transparent


Hasnaat Malik January 25, 2021
Supreme Court. PHOTO: EXPRESS/FILE

ISLAMABAD:

The Supreme Court Bar Association of Pakistan (SCBAP) on Monday expressed serious apprehensions over the delay in appointment of judges in superior courts and termed it a “major hurdle in the dispensation of justice”.

Following the third meeting of the 23rd Executive Committee of the Supreme Court Bar Association of Pakistan, the SCBA issued a statement asserting that there was an urgent need for appointments of judges in superior courts and higher judiciary and while the Judicial Commission of Pakistan is still contemplating these appointments, there are currently more than 20 vacant posts in Punjab alone.

“Moreover the recommendations made by Chief Justice Lahore High Court were placed before the Judicial Commission several times but have not been considered on grounds that are for now yet to be known,” the statement added.

It further stated that the body believes that the delay in finalisation of such a core issue, of judicial as well as constitutional paradigm, will not only result in an increase in the pendency of cases but will also raise anxiety amongst the legal fraternity across Pakistan.

The statement reiterated that the need of the hour demands that all differences be set aside and the matter of appointment of judges without any further delay should be decided in its true letter and spirit as provided under Article 175-(A) of the Constitution.

SCBA stated that an amendment in Article 175-(A) of the Constitution was inevitable to avoid any impediment and complication in appointment of judges in the superior courts and to make the entire process more fair and transparent.

It further recommended that an allocation of vacant posts should be made on the basis of fairness and equal opportunity especially in terms of allocation of seats and representation to the southern Punjab region.

 

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