LHC judge tenders resignation

ISLAMABAD:

The buzz around judicial resignations continued on Friday, with another judge from the superior judiciary throwing in the towel, marking the third such departure within a month during Chief Justice of Pakistan (CJP) Qazi Faez Isa's tenure.

Under the watchful eye of CJP Isa, the resignation tally has reached three, with two from from the Supreme Court and the latest one hitting the Lahore High Court (LHC).

Justice Shahid Jameel Khan, performing at the LHC bench since 2014, decided to step down, adding to the recent exits of Justice Ijazul Ahsan and Justice Sayyed Mazahar Ali Akbar Naqvi, both SC judges.

Lahore High Court’s (LHC) Justice Shahid Jamil Khan on Friday tendered his resignation from his office, citing “personal circumstances” in which he had decided to “turn the page and start a new chapter”.

"I Justice Shahid Jamil Khan, after having served as a Judge of [the] Lahore High Court, Lahore for about 10 years, hereby exercise the option to resign under Article 206(1) of the Constitution of Islamic Republic of Pakistan 1973, with immediate effect," read his resignation letter, which he has reportedly sent to President Dr Arif Alvi.

“It was an absolute honour to hold the office, but for personal circumstances I have decided to turn the page and start a new chapter,” the letter added.

The judge also added an old proverb “An ounce of discretion is worth a pound of wit” in the letter – that means that being discreet and thoughtful in your actions can have greater value and long-term benefits in comparison with relying solely on cleverness.

Justice Shahid Jamil also drew inspiration from the poetry of Allama Iqbal, incorporating verses into his resignation letter.
Reflecting on the disparity between freedom and servitude, he highlighted the importance of enlightened thinking for those who seek true liberty.

“Azad Ki Ek Aan Ha Mehkoom Ka Ek Saal, Kis Darja Garan Sair Hain Mehkoom Ke Auqat! [A free manʹs breath can match a subject year, How slowly moves the time of serfs, is clear!] Azad Ka Andesha Haqiqat Se Munawar, Mehkoom Ka Andesha Giraftar-e-Khurafat [The thoughts of persons free with truth are lit, But the thoughts of slaves do not own sense a bit] Mehkoom Ko Peeron Ki Karamat Ka Soda, Hai Banda-e-Azad Khud Ek Zinda Karamat [A slave has craze for marvels wrought by guides, Himself a wonder live, his memory fresh abides] Iqbal! Yahan Naam Na Le Ilm-e-Khudi Ka,
Mozoon Nahin Maktab Ke Liye Aese Maqalat [Iqbal! Don’t talk about the self here, As such sermons are not suitable for schools],” he wrote.

However, sources said that the reasons behind the resignation of the two apex court’s judges differ from the resignation of the LHC judge. There is no apparent nexus between the LHC judge's resignation and the resignations of the other two judges.

When Shahid Jameel Khan contemplated resigning shortly after Ijazul Ahsan's resignation, he was advised to hold off for a couple of weeks, steering clear of creating the impression of a continuous string of resignations.

Shahid Jameel Khan had already decided to submit his resignation, aiming to begin a career in legal practice after serving as an LHC judge for a decade. Despite having the option to serve four more years, he chose to step down.

Ranking as the 11th most senior judge at the LHC, he was known for his expertise in tax matters. He was close to ex-CJP Umar Ata Bandial.

Meanwhile, sources told The Express Tribune that his disappointment over not being assigned constitutional cases might have played a role in his decision. The situation might have seen a shift following the retirement of the incumbent LHC chief justice, but the judge did not wait to see any changes in this regard.

Senior lawyers point out that adding complexity to the situation is the mention of Urdu poetry in Shahid Jameel Khan's resignation letter.

Some who are displeased with CJP Isa's judicial decisions are attributing the LHC judge’s resignation to the current political climate, where the judiciary faces criticism for not providing relief to the Pakistan Tehreek-e-Insaf (PTI).

While some lawyers demand an inquiry into the reasons behind the resignation of Ijazul Ahsan, others point to elements of judicial politics at play amid swirling speculations and rumours.

At a superior bars event on Thursday, CJP Isa expressed his astonishment upon learning about Justice Ijazul Ahsan's resignation.

It has been reported that the vice chairman of the Pakistan Bar Council (PBC) raised concerns about the credibility of LHC judges during his speech.

The superior bars, led by the Independent Group, filed complaints of misconduct against Justice (retired) Naqvi. There is a pressing need for an inquiry to delve into the reasons behind the resignations of the three judges.