The Supreme Court has refused to entertain the Sindh High Court Bar Association's (SHCBA) petition, challenging the appointment of junior high court judges to the apex court.
Former SHCBA president Salahuddin Ahmed and SHCBA Secretary Omer Soomro had filed a constitutional petition under Article 184 (3) of the Constitution in the Supreme Court with the prayer that Rule 3 of the Judicial Commission of Pakistan Rules, 2010 regarding discretionary powers of Chief Justice of Pakistan (CJP) may be set aside, process of appointment of judges to superior judiciary be restructured and elevation of judges from high courts to the apex court be made by adhering to the principle of seniority for smooth functioning of the judiciary in the interest of justice.
The Supreme Court registrar office has returned the petition by raising seven objections.
The SC registrar office raised an objection that the petitioners did not point out what questions of public importance in the instant case are involved with reference to enforcement of any of the fundamental rights guaranteed under the Constitution, so as to directly invoke jurisdiction of the Supreme Court under Article 184(3) of the Constitution.
The registrar further objected that the petitioners were invoking extraordinary jurisdiction of the Supreme Court under Article 184(3) of the Constitution for the redressal of an individual grievance, which was not permissible in terms of judgment reported as 1998 SCMR 793 titled as “Zulfiqar Mehdi vs PIA, etc”.
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"The ingredients for invoking extraordinary jurisdiction of this court under Article 184(3) of the Constitution have not been satisfied. The language of the constitutional petition is ambiguous and misconceived as contents of the petition are not interlinked with each," the SC registrar office said in its order.
"Notice issued to the respondents is not properly drawn as it is not mentioned therein that for what purpose this constitutional petition is being filed before this court.
“It is also objected that the petitioners have not approached any other appropriate forum available to them under the law for the same relief and they have also not provided any justification for not doing so.”
According to the draft of the petition, the Supreme Court is requested to direct the JCP to invite all relevant stakeholders, including judges, senior lawyers and bar representatives, and members of the parliamentary committee.
In order to make the process “more objective and transparent”, the stakeholders would be asked to make suggestions regarding the process of judicial appointments to the superior courts, “and to conduct such seminars, workshops or consultations as may be necessary in this regard to hear all relevant viewpoints”.
"Direct the JCP to frame comprehensive and detailed rules/guidelines to structure both the process of appointments and criteria and parameters for appointments after considering the various aspects of the matter highlighted in the aforementioned grounds and in light of any further suggestions, directives or framework this hon’ble court may deem it appropriate to make/provide,” the petition read.
The petitioners prayed the apex court that until a mechanism has been finalised, the JCP should be restricted to strict adherence to the seniority principle in the elevation of high court judges to the Supreme Court.
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