The All Pakistan Lawyers’ Convention (APLC) in a resolution on Saturday opposed the proposed appointment of Sindh High Court (SHC) Chief Justice Ahmed Ali Shaikh to the Supreme Court on ad hoc basis, demanding that he be offered the position of a permanent judge for being the most senior of all chief justices.
The convention hosted by the Sindh High Court Bar Association (SHCBA) in Karachi also decided to stage a sit-in in front of the apex court on September 9 when the Judicial Commission of Pakistan (JCP) is set to consider the elevation of Lahore High Court’s Justice Ayesha Malik – fourth in the seniority list – to the top court.
Supreme Court Bar Association President Lateef Afridi while addressing the gathering announced that the apex court would be shut on September 9.
Justice Shaikh’s ad hoc appointment was made by President Arif Alvi on the advice of Premier Imran Khan after the JCP last week decided the matter by a majority vote of five to four. It was decided that the appointment be made for a period of one year provided the judge accorded his consent.
Justice Shaikh had refused to take oath and continued working as the SHC chief justice.
The position was left vacant after the retirement of top court judge Justice Mushir Alam.
The convention demanded that the JCP frames “transparent and objective criteria and guidelines” for the appointment of judges at all levels in conjunction with other stakeholders including the bar and the parliamentary committee.
The lawyers’ body called upon the judicial commission to strictly adhere to the principle of seniority in appointments to the apex court and “end the practice of pick and choose”.
It also decided to file a petition before the Supreme Court to challenge the appointments made in “violation of seniority principle”.
The convention demanded that the “unfettered power of the chief justices” to form and break benches and fix cases be regulated and necessary amendments to the judicial commission rules be made.
It also called for the formulation of rules to govern the suo moto cases.
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